FBI election probe lacks ‘faintest possibility of probable cause,’ Fulton County says in court filing

FBI election probe lacks ‘faintest possibility of probable cause,’ Fulton County says in court filing
FBI election probe lacks ‘faintest possibility of probable cause,’ Fulton County says in court filing
Fulton County Sheriff officers in front of the Fulton County Courthouse on September 06, 2023 in Atlanta, Georgia. Former U.S. President Donald Trump has entered a not-guilty plea and waived his right to appear at an arraignment hearing. Trump and his 18 co-defendants are charged in a 41-count indictment accusing them of scheming to overturn Georgia’s 2020 presidential election results. (Photo by Joe Raedle/Getty Images)

(FULTON COUNTY, Ga.) — Officials in Fulton County, Georgia, are renewing their effort to have the 2020 election files seized from their election office last month returned, arguing that a recently unsealed search warrant application falls “woefully short” of establishing probable cause of a crime. 

In a court filing Tuesday, attorneys for Fulton County argued that the FBI agent behind the search warrant application “intentionally or recklessly omitted material facts” about purported discrepancies in the 2020 election in Georgia, after the Justice Department last week released the sworn affidavit that was the basis for the search warrant.

“Despite years of investigations of the 2020 election, the Affidavit does not identify facts that establish probable cause that anyone committed a crime,” Tuesday’s filing from Fulton County said. 

FBI agents on Jan. 28 seized 700 boxes containing ballots and other materials associated with the 2020 election from Fulton County’s Elections Hub and Operations Center after obtaining a search warrant. President Donald Trump has repeatedly made baseless claims that there was voter fraud in the 2020 election, specifically in Georgia, despite Georgia officials auditing and certifying the results and courts rejecting numerous lawsuits challenging the election’s outcome.

FBI Special Agent Hugh Raymond Evans said in the sworn affidavit that following the 2020 election “there were many allegations of electoral impropriety relating to the voting process and ballot counting in Fulton County, Georgia” and that “Some of those allegations have been disproven while some of those allegations have been substantiated, including through admissions by Fulton County.”

Fulton County filed a motion earlier this month seeking the return of the records, and revised its request in light of the recently unsealed affidavit. They argue that the FBI’s investigation focuses on “human errors that its own sources confirm occur in almost every election … without any intentional wrongdoing whatsoever.”

“The Affidavit omits numerous material facts — including from the very reports and publicly-disclosed investigations that the Affiant cites — that confirm the alleged conduct was previously investigated and found to be unintentional,” the filing said. 

Attorneys also argued that the FBI’s witnesses are unreliable and that the FBI failed to disclose information that would discredit its own witnesses. 

“The Affiant failed to include facts — including from the very sources he cited — that shut the door on even the faintest possibility of probable cause,” the filing said. 

Copyright © 2026, ABC Audio. All rights reserved.

NYPD officers who helped rescue injured bald eagle on Hudson River speak out

NYPD officers who helped rescue injured bald eagle on Hudson River speak out
NYPD officers who helped rescue injured bald eagle on Hudson River speak out
NYPD officers help rescue an injured bald eagle on the Hudson River in New York, Feb. 17, 2026. (NYPD)

(NEW YORK) — While surveying ice during a training exercise on the Hudson River on Tuesday, a New York City police officer with the department’s Harbor Unit spotted something unusual.

“Last week, when it was cold, a lot of stuff was getting stuck in the ice, whether it was a float, a buoy, but it looked different,” Officer Michael Russo told reporters on Wednesday. “I could see this white head from a distance. So I said, let’s get a little closer. I said, it looks like an eagle. And turns out it was an American bald eagle.”

Russo, a 16-year veteran of the NYPD’s Harbor Unit, said officers have rescued distressed boaters, sick cruise ship passengers and animals such as dogs while patrolling the city’s waterways. Though a bald eagle was a first.

The injured bird was screeching, wet and bloody, and as the boat approached, it didn’t leave the ice it was floating on, officers said.

Officers said they consulted with the state’s Department of Environmental Conservation to see if they should retrieve the bird, and once given the go-ahead, looked up how to safely do that.

“As we got closer, we put a plan together,” Russo said. “We used a catch noose to kind of subdue its wings from flapping and its claws.” 

Another officer, Sgt. Michael Amello, then put a cloth over the bird’s head, to help keep it calm, and got it on board the boat.

“Once we did that, it really didn’t give us a hard time,” Russo said. “I think it kind of knew that we were trying to help it.”

The officers were worried about the bird’s large talons throughout the rescue.

“They don’t really train you for, you know, handling a bald eagle, but we made it work,” Amello told reporters. “It was impressive and kind of scary at the same time, being that close to a bald eagle. The talons were pretty long. But it came on, didn’t put up much of a fight. It was compliant.”

The officers kept the bird on board until they were able to meet with personnel from the state’s Department of Environmental Conservation. 

“It’s an impressive creature. Even in its state, we were kind of taken back by how big it is and just the way it is, and the beauty of it,” Det. Nicholas Martin with the NYPD Harbor Unit told reporters. “It was impressive, to say the least.”

The bald eagle has since been brought to a sanctuary in New Jersey and was reported to be in stable condition, officers said.

The Raptor Trust, a wild bird rehabilitation center in Millington, New Jersey, said Wednesday that the bird is in their care and is “currently in very serious condition.”

“We are doing our best to keep the bird stable, and should it improve, we will do further diagnostics, x-rays and blood work to help determine a course of action going forward,” the center said in a statement.

Copyright © 2026, ABC Audio. All rights reserved.

NYPD officers who helped rescue injured bald eagle on Hudson River speak out

NYPD officers who helped rescue injured bald eagle on Hudson River speak out
NYPD officers who helped rescue injured bald eagle on Hudson River speak out
NYPD officers help rescue an injured bald eagle on the Hudson River in New York, Feb. 17, 2026. (NYPD)

(NEW YORK) — While surveying ice during a training exercise on the Hudson River on Tuesday, a New York City police officer with the department’s Harbor Unit spotted something unusual.

“Last week, when it was cold, a lot of stuff was getting stuck in the ice, whether it was a float, a buoy, but it looked different,” Officer Michael Russo told reporters on Wednesday. “I could see this white head from a distance. So I said, let’s get a little closer. I said, it looks like an eagle. And turns out it was an American bald eagle.”

Russo, a 16-year veteran of the NYPD’s Harbor Unit, said officers have rescued distressed boaters, sick cruise ship passengers and animals such as dogs while patrolling the city’s waterways. Though a bald eagle was a first.

The injured bird was screeching, wet and bloody, and as the boat approached, it didn’t leave the ice it was floating on, officers said.

Officers said they consulted with the state’s Department of Environmental Conservation to see if they should retrieve the bird, and once given the go-ahead, looked up how to safely do that.

“As we got closer, we put a plan together,” Russo said. “We used a catch noose to kind of subdue its wings from flapping and its claws.” 

Another officer, Sgt. Michael Amello, then put a cloth over the bird’s head, to help keep it calm, and got it on board the boat.

“Once we did that, it really didn’t give us a hard time,” Russo said. “I think it kind of knew that we were trying to help it.”

The officers were worried about the bird’s large talons throughout the rescue.

“They don’t really train you for, you know, handling a bald eagle, but we made it work,” Amello told reporters. “It was impressive and kind of scary at the same time, being that close to a bald eagle. The talons were pretty long. But it came on, didn’t put up much of a fight. It was compliant.”

The officers kept the bird on board until they were able to meet with personnel from the state’s Department of Environmental Conservation. 

“It’s an impressive creature. Even in its state, we were kind of taken back by how big it is and just the way it is, and the beauty of it,” Det. Nicholas Martin with the NYPD Harbor Unit told reporters. “It was impressive, to say the least.”

The bald eagle has since been brought to a sanctuary in New Jersey and was reported to be in stable condition, officers said.

The Raptor Trust, a wild bird rehabilitation center in Millington, New Jersey, said Wednesday that the bird is in their care and is “currently in very serious condition.”

“We are doing our best to keep the bird stable, and should it improve, we will do further diagnostics, x-rays and blood work to help determine a course of action going forward,” the center said in a statement.

Copyright © 2026, ABC Audio. All rights reserved.

8 of 9 missing skiers found dead following California backcountry avalanche

8 of 9 missing skiers found dead following California backcountry avalanche
8 of 9 missing skiers found dead following California backcountry avalanche
A rescue ski team makes their way to the area of an avalanche in the Castle Peak area of Truckee, Calif., February 17, 2026. (Nevada County Sheriff’s Office)

(NEVADA COUNTY, Calif.) — Eight backcountry skiers have been found dead, and one remains missing following an avalanche in California’s Sierra Nevada Mountains, officials announced Wednesday.

Search crews on Tuesday braved “highly dangerous” conditions to rescue six other skiers who were part of the same guided group, authorities said.

Crews were working on Wednesday to bring the remains of the eight dead skiers off the mountain to be reunited with their families after autopsies are performed to determine the cause of death, authorities said.

Perilous conditions near Donner Pass, where the avalanche occurred, continued on Wednesday morning. Rescuers faced a winter storm dumping more than 2 inches of snow an hour in the area, grounding rescue helicopters and hampering ground crews trying to reach the missing skiers, according to the Sierra Avalanche Center.

Tuesday’s avalanche was reported around 11:30 a.m. PT in the Castle Peak area at an elevation of 8,200 feet in the Sierra Nevada northwest of Lake Tahoe, according to the Nevada County Sheriff’s Office.

A group of 15 skiers, including four guides from the company Blackbird Mountain Guides, encountered the avalanche, according to the sheriff’s office.

“The group was in the process of returning to the trailhead at the conclusion of a three-day trip when the incident occurred,” Blackbird Mountain Guides said in a statement.

Preliminarily, the slide measured a D2.5 on the Destructive Force Scale, the avalanche version of the Enhanced Fujita Scale for rating tornadoes, meaning it was strong enough to injure, bury, or kill a person, according to the Sierra Avalanche Center. A D3 on the scale is strong enough to destroy a house.

Six people were successfully rescued Tuesday evening by search-and-rescue teams with varying injuries, authorities said. The survivors had been taking cover under a tarp when they were found alive, a source who communicated with the group told ABC News.

The survivors made a 911 call using an iPhone satellite SOS message, the sheriff’s officer said. Emergency beacons also helped rescuers find the stranded skiers, the sheriff’s office said.

“Due to extreme weather conditions, it took several hours for rescue personnel to safely reach the skiers and transport them to safety where they were medically evaluated by Truckee Fire,” the Nevada County Sheriff’s Office said in a statement. “Two of the six skiers have been transported to a hospital for treatment.”

Authorities initially said 16 skiers were in the group, and 10 were missing.

Rescuers faced very difficult conditions, including avalanche danger themselves, according to Brandon Schwartz, director of the Sierra Avalanche Center, which forecasts avalanche conditions in the area around Lake Tahoe. The area saw 2 to 3 feet of new snow in the last 36 hours and more was still falling at 2 to 4 inches per hour, Schwartz told ABC News.

The Blackbird Mountain Guides said the avalanche happened near the Frog Lake Backcountry Huts in the Castle Peak area, northwest of Truckee.

The group of skiers had been staying at the huts — which the company describes in online advertisements as “luxury-dormitories” — since Sunday. A 3-to-4-day stay at the huts normally costs $1,795, according to the company’s website.

The company lists prerequisites for customers, including requiring skiers to be “adept with their backcountry touring skills and have a solid foundation of touring before the trip.” Customers are also required to be in good physical shape, according to the company, “able to hike 4-6 miles and climb 1,500-2,500 vertical feet throughout the course of a day.”

The Sierra Avalanche Center said there was “high” avalanche danger in the backcountry on Tuesday, raising questions of why the group was in the rugged area.

On Monday, Blackbird Mountain Guides posted a video on Instagram showing what it described as “atypical layering from our normal mid season snowpack.”

“The result is a particularly weak layer in many northerly aspects, across various elevation bands,” a company employee said in the video. “As we move into a large storm cycle this week, pay close attention to places where faceting has been particularly strong — avalanches could behave abnormally and hazards could last longer than normal.”

The Sierra Avalanche Center said rapidly accumulating snowfall, weak layers of existing snowpack and gale-force winds that blow and drift snow “have created dangerous avalanche conditions in the mountains.”

“Natural avalanches are likely, and human-triggered avalanches large enough to bury or injure people are very likely,” the center said.

The center has issued an avalanche warning for the Central Sierra Nevada Mountains between Yuba Pass on the north and Ebbetts Pass on the south, including the greater Lake Tahoe area, through Wednesday morning.

In an updated statement on Wednesday morning, the center said, “HIGH avalanche danger continues,” and added, “travel in, near, or below avalanche terrain not recommended.”

“Increased uncertainty exists with ongoing reactivity of these buried weak layers under this large storm snow load.  The potential continues for large to very large avalanches occurring in the backcountry today.”

Whiteout conditions have been reported in the region where the avalanche occurred.

The California Highway Patrol’s Truckee office warned that high winds are “creating full whiteout conditions” across the Donner Summit.

Interstate 80 over Donner Summit was closed in both directions on Tuesday and remained closed on Wednesday morning due to whiteout conditions and poor visibility.

Copyright © 2026, ABC Audio. All rights reserved.

8 of 9 missing skiers found dead following California backcountry avalanche

8 of 9 missing skiers found dead following California backcountry avalanche
8 of 9 missing skiers found dead following California backcountry avalanche
A rescue ski team makes their way to the area of an avalanche in the Castle Peak area of Truckee, Calif., February 17, 2026. (Nevada County Sheriff’s Office)

(NEVADA COUNTY, Calif.) — Eight backcountry skiers have been found dead, and one remains missing following an avalanche in California’s Sierra Nevada Mountains, officials announced Wednesday.

Search crews on Tuesday braved “highly dangerous” conditions to rescue six other skiers who were part of the same guided group, authorities said.

Crews were working on Wednesday to bring the remains of the eight dead skiers off the mountain to be reunited with their families after autopsies are performed to determine the cause of death, authorities said.

Perilous conditions near Donner Pass, where the avalanche occurred, continued on Wednesday morning. Rescuers faced a winter storm dumping more than 2 inches of snow an hour in the area, grounding rescue helicopters and hampering ground crews trying to reach the missing skiers, according to the Sierra Avalanche Center.

Tuesday’s avalanche was reported around 11:30 a.m. PT in the Castle Peak area at an elevation of 8,200 feet in the Sierra Nevada northwest of Lake Tahoe, according to the Nevada County Sheriff’s Office.

A group of 15 skiers, including four guides from the company Blackbird Mountain Guides, encountered the avalanche, according to the sheriff’s office.

“The group was in the process of returning to the trailhead at the conclusion of a three-day trip when the incident occurred,” Blackbird Mountain Guides said in a statement.

Preliminarily, the slide measured a D2.5 on the Destructive Force Scale, the avalanche version of the Enhanced Fujita Scale for rating tornadoes, meaning it was strong enough to injure, bury, or kill a person, according to the Sierra Avalanche Center. A D3 on the scale is strong enough to destroy a house.

Six people were successfully rescued Tuesday evening by search-and-rescue teams with varying injuries, authorities said. The survivors had been taking cover under a tarp when they were found alive, a source who communicated with the group told ABC News.

The survivors made a 911 call using an iPhone satellite SOS message, the sheriff’s officer said. Emergency beacons also helped rescuers find the stranded skiers, the sheriff’s office said.

“Due to extreme weather conditions, it took several hours for rescue personnel to safely reach the skiers and transport them to safety where they were medically evaluated by Truckee Fire,” the Nevada County Sheriff’s Office said in a statement. “Two of the six skiers have been transported to a hospital for treatment.”

Authorities initially said 16 skiers were in the group, and 10 were missing.

Rescuers faced very difficult conditions, including avalanche danger themselves, according to Brandon Schwartz, director of the Sierra Avalanche Center, which forecasts avalanche conditions in the area around Lake Tahoe. The area saw 2 to 3 feet of new snow in the last 36 hours and more was still falling at 2 to 4 inches per hour, Schwartz told ABC News.

The Blackbird Mountain Guides said the avalanche happened near the Frog Lake Backcountry Huts in the Castle Peak area, northwest of Truckee.

The group of skiers had been staying at the huts — which the company describes in online advertisements as “luxury-dormitories” — since Sunday. A 3-to-4-day stay at the huts normally costs $1,795, according to the company’s website.

The company lists prerequisites for customers, including requiring skiers to be “adept with their backcountry touring skills and have a solid foundation of touring before the trip.” Customers are also required to be in good physical shape, according to the company, “able to hike 4-6 miles and climb 1,500-2,500 vertical feet throughout the course of a day.”

The Sierra Avalanche Center said there was “high” avalanche danger in the backcountry on Tuesday, raising questions of why the group was in the rugged area.

On Monday, Blackbird Mountain Guides posted a video on Instagram showing what it described as “atypical layering from our normal mid season snowpack.”

“The result is a particularly weak layer in many northerly aspects, across various elevation bands,” a company employee said in the video. “As we move into a large storm cycle this week, pay close attention to places where faceting has been particularly strong — avalanches could behave abnormally and hazards could last longer than normal.”

The Sierra Avalanche Center said rapidly accumulating snowfall, weak layers of existing snowpack and gale-force winds that blow and drift snow “have created dangerous avalanche conditions in the mountains.”

“Natural avalanches are likely, and human-triggered avalanches large enough to bury or injure people are very likely,” the center said.

The center has issued an avalanche warning for the Central Sierra Nevada Mountains between Yuba Pass on the north and Ebbetts Pass on the south, including the greater Lake Tahoe area, through Wednesday morning.

In an updated statement on Wednesday morning, the center said, “HIGH avalanche danger continues,” and added, “travel in, near, or below avalanche terrain not recommended.”

“Increased uncertainty exists with ongoing reactivity of these buried weak layers under this large storm snow load.  The potential continues for large to very large avalanches occurring in the backcountry today.”

Whiteout conditions have been reported in the region where the avalanche occurred.

The California Highway Patrol’s Truckee office warned that high winds are “creating full whiteout conditions” across the Donner Summit.

Interstate 80 over Donner Summit was closed in both directions on Tuesday and remained closed on Wednesday morning due to whiteout conditions and poor visibility.

Copyright © 2026, ABC Audio. All rights reserved.

Oklahoma declares state of emergency due to wildfires: ‘Conditions remain dangerous’

Oklahoma declares state of emergency due to wildfires: ‘Conditions remain dangerous’
Oklahoma declares state of emergency due to wildfires: ‘Conditions remain dangerous’
Oklahoma Forestry Services captured footage of the Ranger Road fire in Beaver County, Oklahoma. (Oklahoma Forestry Services)

(BEAVER COUNTY, Okla.) — The Oklahoma governor declared a state of emergency on Wednesday due to multiple wildfires in the state’s panhandle region, as critical fire weather conditions persist in the region.

A “series of destructive wildfires” is burning across northwest Oklahoma, the governor’s office said.

The largest, the Ranger Road Fire, has burned 145,000 acres since igniting in Oklahoma’s Beaver County on Tuesday and crossing into Kansas, according to fire officials. It was 0% contained as of Wednesday morning, according to the Oklahoma Forestry Services.

Additional local task forces are being deployed to Beaver County, the governor’s office said Wednesday.

Three other “significant” wildfires in Oklahoma’s Texas and Woodward counties were 20% to 25% contained as of Wednesday morning, according to fire officials.

Four firefighters were injured and several homes destroyed in the wildfire in Woodward County, according to Oklahoma Gov. Kevin Stitt.

The town of Tyrone in Texas County was also evacuated earlier Wednesday “as a precaution,” Stitt said.

The governor’s executive order stated that the state’s emergency operations plan has been activated and resources of all state departments and agencies are available “to meet this emergency.”

“As we head into today and tomorrow, conditions remain dangerous,” Stitt said in a statement Wednesday. “We need every Oklahoman to stay alert and continue taking fire warnings seriously.”

A red flag warning is in effect Wednesday across western and central Oklahoma and west of the I-35 corridor, according to the Oklahoma Forestry Services. The critical threat of fire danger is expected to continue into Thursday.

“Fire weather conditions will expand eastward across a larger part of Oklahoma as high winds combine with low humidity across most of the state,” the Oklahoma Department of Emergency Management said Wednesday.

Red flag warnings, fire weather watches and high wind warnings are also in effect across Kansas.

“There should be NO outdoor burning of any kind until this event is over, as the slightest ember could become tomorrow’s inferno,” the Kansas Division of Emergency Management said on social media.

Copyright © 2026, ABC Audio. All rights reserved.

Unruly passenger detained after incident on Delta flight, police say

Unruly passenger detained after incident on Delta flight, police say
Unruly passenger detained after incident on Delta flight, police say
Cars make their way to Hobby Airport in Houston on Tuesday, July 9, 2024. Elizabeth Conley/Houston Chronicle via Getty Images

(HOUSTON) — A man has been detained by police after allegedly exhibiting “unruly and unlawful behavior towards other customers” that caused a flight to return to Houston shortly after taking off, according to Delta Airlines and law enforcement. 

The flight, departing from William P. Hobby Airport, was headed to Hartsfield-Jackson Atlanta International Airport, according to the Federal Aviation Administration.

“The safety of our customers and crew is paramount, and Delta has zero tolerance for unruly behavior. We apologize to our customers for this experience and delay in their travels,” Delta said in a statement on Wednesday.

After taking off, it landed at the William P. Hobby Airport in Houston around 5:40 a.m. local time, according to the FAA. The flight was only in the air for about 15 minutes.

Earlier reports and air traffic controller audio alleged the man was attempting to breach the cockpit of a Delta Airlines flight but Delta said he “did not make contact with or attempt to access the flight deck,” in a statement to ABC News.

A call reporting that “apparently an individual tried to gain entry into a cockpit” was made at around 5:35 a.m., according to the Houston Police Department. Police officers were dispatched to Gate 32 at the airport, where multiple police cars surrounded the aircraft, according to KTRK.

On air traffic controller audio, one of the pilots can be heard telling controllers, “we had a passenger get up and try to access the cockpit,” and that “he assaulted another passenger,” who the pilot said they wanted to get checked out.  

Video reviewed and verified by ABC News shows a passenger whose hands are bound being escorted off a Delta flight 2557 on Wednesday morning in Houston.

The FAA said the flight “returned safely” to Hobby “after the crew reported a passenger disturbance.” The FAA said it will investigate the incident. 

There were 85 passengers and five crew on board the plane. The flight re-departed and arrived in Atlanta, about 90 minutes behind schedule, Delta said.

This is a developing story. Please check back for updates.

Copyright © 2026, ABC Audio. All rights reserved.

5 dead in pile-up crash in Colorado involving over 30 vehicles, including multiple semis: Police

5 dead in pile-up crash in Colorado involving over 30 vehicles, including multiple semis: Police
5 dead in pile-up crash in Colorado involving over 30 vehicles, including multiple semis: Police
Stock image of police lights. Douglas Sacha/Getty Images

(PUEBLO, Colo.) — At least five people are dead following a pile-up crash involving dozens of vehicles in Colorado that occurred as high winds blew dirt, making for low to zero visibility, authorities said.

The incident occurred around 10 a.m. local time Tuesday on I-25 near Pueblo, which is about 40 miles south of Colorado Springs, authorities said. 

Over 30 vehicles, including seven semis, were involved in the crash, according to Colorado State Patrol. Pickups pulling horse trailers, SUVs and passenger vehicles were also involved, according to Maj. Brian Lyons with Colorado State Patrol.

The pile-up occurred during “adverse weather conditions,” Lyons said, with heavy winds blowing dirt and causing “brownout” conditions.

“Visibility was next to nothing,” Lyons said during a press briefing Tuesday.

There were four fatalities in separate vehicles — two men from Walsenburg, Colorado, and two women, one from Rye and one from Pueblo — authorities said Tuesday.

A fifth person who had been transported to a hospital later succumbed to his injuries, Colorado State Patrol said Wednesday.

Another 28 people were transported to area hospitals, with moderate to serious injuries, Colorado State Patrol said.

Authorities were working to account for everyone in the vehicles involved in the crash, Lyons said.

One of the vehicles was a pickup hauling a gooseneck trailer containing 32 goats, Colorado State Patrol said. Four of the goats died, while the rest were safely removed, it said.

Northbound I-25 was closed for several hours as crews worked to clear vehicles, before reopening late Tuesday.

“Due to low visibility, drivers are urged to delay traveling until conditions improve,” Colorado State Patrol said. “If travel is necessary, avoid I-25 in this area, use caution, and reduce speed.”

High wind warnings were in effect for the region on Tuesday. The National Weather Service in Pueblo warned that “significant blowing dust” was possible on the plains, where gusts could be up to 65 mph. Gusts of at least 85 mph were also forecast for mountain areas, it said.

Copyright © 2026, ABC Audio. All rights reserved.

Health and environmental groups sue EPA over endangerment finding repeal

Health and environmental groups sue EPA over endangerment finding repeal
Health and environmental groups sue EPA over endangerment finding repeal
U.S. President Donald Trump (L) speaks alongside U.S. Environmental Protection Agency Administrator Lee Zeldin during an event to announce a rollback of the 2009 Endangerment Finding in the Roosevelt Room at the White House on February 12, 2026 in Washington, DC. (Photo by Anna Moneymaker/Getty Images)

(WASHINGTON) — Less than a week after the Environmental Protection Agency repealed its own endangerment finding, which gave the agency authority to regulate greenhouse gas emissions, a coalition of health and environmental organizations sued the agency over its decision.

The case, filed in the U.S. Court of Appeals for the District of Columbia Circuit, is being brought by the American Public Health Association, the American Lung Association, the Center for Community Action and Environmental Justice, Physicians for Social Responsibility, the Union of Concerned Scientists, the Center for Biological Diversity, the Natural Resources Defense Council and the Sierra Club, among others.

The lawsuit names EPA Administrator Lee Zeldin and the EPA as defendants.

Made during the Obama administration, the 2009 decision found that certain greenhouse gases endanger public health and welfare. The regulations that resulted cover everything from vehicle tailpipe emissions to the release of greenhouse gases from power plants and other significant emission sources.

President Donald Trump announced the repeal at the White House last Thursday, alongside Zeldin.

“The Endangerment Finding has been the source of 16 years of consumer choice restrictions and trillions of dollars in hidden costs for Americans,” Zeldin said in a statement at the time.

The litigants in the case say that “Under the Clean Air Act, the EPA is legally required to limit vehicle emissions of any ‘air pollutant’ that the agency determines ’cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.’ “

The coalition says the Trump Administration is “rehashing legal arguments” that were already rejected by the Supreme Court in its 2007 Massachusetts v. EPA case.

“In keeping with a longstanding practice, EPA does not comment on current or pending litigation,” the agency said in a statement to ABC News.

Copyright © 2026, ABC Audio. All rights reserved.

A 600-acre AI data center could cost some Wisconsin residents their land

A 600-acre AI data center could cost some Wisconsin residents their land
A 600-acre AI data center could cost some Wisconsin residents their land
ABC News

(SAUKVILLE, Wis.) — Tom Uttech has lived on his 52-acre property in Saukville, Wisconsin, for nearly 40 years.

From outside Uttech’s home art studio, the landscape is filled with rolling hills, topped with wildflowers that build to the highest point in the township, where rows of evergreens that Uttech says he planted by hand in 1988 have since grown into mature trees.

“That kind of scares me because I didn’t think I was that old,” Uttech said of the trees that he’s watched grow over the decades.

The 83-year-old renowned landscape painter, whose work has been displayed at museums across the country, has spent hundreds of hours and years of work over the last few decades maintaining and curating his land into a sweeping prairie that has come to serve as the inspiration for his work and his livelihood.

It’s a lifetime of work that Uttech now says has come under threat after receiving a letter in the mail from his utility company informing him that a massive power line would need to be built through his property, undoing years of work and stripping away the muse for his art.

“I couldn’t believe it, and I still don’t,” Uttech told ABC News correspondent Elizabeth Schulze when asked what his initial reaction was to the news. “They’d be putting power lines that are 300 or something feet tall, taller than apparently the Statue of Liberty.”

Uttech later learned that the transmission line would be used to help power a massive $15 billion data center campus that’s set to be built on over 500 football fields’ worth of farmland in nearby in Port Washington — a signature part of the Trump administration’s $500 billion Stargate partnership with OpenAI and Oracle, which President Donald Trump hopes will help supercharge the artificial intelligence revolution. 

Uttech is facing what other residents in his town — and others around the country — are facing more and more: the risk of losing parts of his land to eminent domain, the government’s legal authority to seize private property for public use, in support of the growing expansion of AI data centers as the demand to power them continues to grow.

The threat, in some ways, is a physical manifestation of what many people like Uttech fear the artificial intelligence boom could mean for their work.

Across the United States there currently more than 3,000 data centers, and that number will soon grow by 1,200 more now under construction, according to Data Center Map, an industry service that tracks data center development.

​​”These facilities are so energy-intensive,” Ari Peskoe, who directs the Electricity Law Initiative at Harvard University, told ABC News. “A single sort of warehouse can use as much electricity as a large U.S. city. The amount of new infrastructure that has to be built to power that facility is unlike anything we’ve seen in generations.”

The Trump administration has pushed to rapidly build and deploy AI with urgency, arguing it will be vital to stay ahead of rivals like China and protect national security.

“I’m going to help a lot through emergency declarations, because we have an emergency, we have to get this stuff built,” Trump said at a White House event announcing the Stargate initiative last January. “So they have to produce a lot of electricity. And we’ll make it possible for them to get this production done easily, at their own plants if they want.”

‘It’s going to transform our community’
In nearby Port Washington, Mayor Ted Neitzke wants to make sure that investment is made right in his town, which he says is desperate for it.

“It’s exciting because it’s going to transform our community, it’s going to create a tax base and jobs and secondary and tertiary workforce and opportunities that we have not even envisioned, and it’s going to lead us into a real renaissance,” said Neitzke, who told ABC News the project would bring thousands of new jobs and much needed tax revenue.

“In a few years when the financing and everything is all done and the deal solidifies, they will pay the overwhelming majority of property taxes for the citizens of the city of Port Washington,” he said.

A representative for the industry group Data Center Coalition, when asked about the Port Washington project, told ABC News that the industry is making “multi-billion-dollar investments across the nation, including Wisconsin, to advance the digital economy, and in the process, provide significant benefits to local communities.”

“These include creating hundreds of thousands of high-wage jobs, providing billions of dollars in economic investment, and generating significant local, state, and federal tax revenue that helps fund schools, transportation, public safety, tax relief for residents and small businesses, and other community priorities,” the group said.

On top of outcries from the community over growing eminent domain concerns, the project has ignited backlash from some residents who are fearful that, as has been the case in some other communities around the country, the data center’s potential stress on the current electrical grid could lead to higher electric bills.

Nationwide, electricity prices jumped 6.9% in 2025 — more than double the inflation rate of 2.9% — according to new analysis by Goldman Sachs economists, who said they “expect data centers to boost electricity demand significantly, accounting for about 40% of total power demand growth over the next five years.”

In response, activists in Wisconsin, led by the community group Great Lakes Neighbors, have organized protests including a rally at the state capitol earlier this month. The tensions in the city were on full display last December when multiple anti-AI data center protesters were arrested, and one was dragged out of the city council meeting after chanting “Recall, recall, recall,” directed at Mayor Neitzke, after her allotted time had ended.

“I did go to the council meeting purely intending to speak. I had a speech prepared. Again, I had spoken earlier in other council meetings,” Christine LeJeune, the protester who was forcibly removed from the council meeting, told ABC News about the incident, adding that from her perspective, “the message was if you speak out, then this is what will happen to you.”

Pressed on the arrests at the recent council meeting, Neitzke, who faced a failed recall attempt over his support for the data center project, defended law enforcement when asked about the incident, while adding that incidents like that are “not the norm here.”

“I stand right next to our police department,” Neitzke said. “I thought they were very kind. They were very cordial, multiple warnings. Please, please, please.”

The mayor told ABC News that amid the backlash over the project, he’s been on the receiving end of threats to him and his family.

“I can play you the voicemails of the threats I receive from all over the country to my family’s safety,” he said. “What I did not see coming was that our officers following the law and enforcing the law would lead to people threatening our physical safety. That’s not OK.”

Paying their own way
With the construction of the data center already underway, local activists around Port Washington are hoping to push for commitments from companies to cover increases to their bills and not pass any increases on to customers.

Both OpenAI and Oracle said in statements to ABC News that they were committed to paying their own way and said they would mitigate the impact of these data centers on customers and their electricity bills by pledging to build out renewable energy sources to create more power.

“In Wisconsin, and across all of our U.S. Stargate sites, we are committed to paying our own way on energy so that our operations do not increase local electricity prices,” OpenAI spokesperson Jamie Radice said in a statement. “Our Port Washington site will help support AI services used by millions of people and businesses across the country — the majority of whom use it for free — and it will bring jobs and long-term investment to the region.”

In a statement to ABC News, Oracle said, “In partnership with WE Energies, we’re paying our own way on energy so ratepayers’ bills and electric grid reliability are never impacted by our data center. Seventy percent of the energy used for the Port Washington campus will come from zero-emission sources, including wind, solar, and batteries. The project will add about 2,000 MW of new zero-emission power to Wisconsin’s grid, which means more reliable, affordable energy will be available to local families and businesses. Oracle — not ratepayers — will fund these electrical infrastructure upgrades.”

The fate of Uttech’s land rests with whether the American Transmission Company (ATC) moves forward with what the company has called either the “preferred route” for the new transmission lines — or the “preferred alternative route,” the latter of which follows existing transmission lines. The Public Service Commission of Wisconsin, the state agency that regulates utilities, will review ATC’s project application for the data center, including the proposed route options, and will select the final route.

Vantage, the data center operator, told ABC News in a statement that it supports the alternative route and that they are “committed to being a good neighbor” and are “prioritizing investing in sustainable energy, minimizing local impact and partnering closely with the community to be an economic driver for the state while enhancing the daily lives of residents.”

“Residents and businesses in Port Washington will not see an increase in their electric bills due to this project,” the Vantage statement said.

A representative from ATC told ABC News that they consider “several factors such as cost to ratepayers, landowner impacts, environmental sensitivities, and engineering considerations when studying power line routes and locations for supporting infrastructure” and that “The route designated as ‘preferred’ offers a lower cost to ratepayers and maximizes the use of existing corridors.”

“We understand that others may favor the alternative route for different considerations,” the ATC representative said.

‘I’m not going to just roll over’
Uttech, who at 83 still regularly jumps on a four-wheeler to traverse his sprawling property in search of inspiration, is working with the Wisconsin Institute for Law & Liberty, a conservative law firm, to take on the data center that could cost him his land.

“The use of eminent domain power must be the absolute last resort … This is not such a case,” the firm wrote in a letter to ATC. “We will do all we can to protect the Uttech family’s private property rights.”

“Building the power lines on their land would cause irreparable damage to the natural beauty and wildlife the Uttech family has spent decades developing, and which Tom enjoys as inspiration for his work,” WILL deputy council Lucas Vebber said.

While Uttech says he understands that AI is a growing billion-dollar industry that is already in motion and can’t be stopped, he is vowing to continue his fight.

“They brought the fight to me and I’m not going to just roll over,” he told ABC News, saying he plans to fight “right to the end.”

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