Month: August 2025

Homelessness is on the rise in the United States, and in some places, it is becoming more common for the police to arrest someone for sleeping or living in a public space.

In June 2024, the Supreme Court issued a ruling, Grants Pass v. Johnson, that determined it is constitutional to issue citations to or arrest homeless people, even when there is no available shelter.

The ruling reversed earlier federal appeals court rulings from 2019 and 2022 that determined cities cannot enforce anti-camping laws against homeless people if there are not enough shelter beds available for them.

The Supreme Court’s ruling also determined that the Eighth Amendment’s prohibition on cruel and unusual punishments does not protect homeless people from laws criminalizing resting in public places.

As someone who has spent more than a decade researching homelessness and speaking with unhoused communities, I have seen firsthand how enforcement of such laws imposes unavoidable hardships on homeless people and makes it harder for them to find a stable home.

A rise in punitive action against homelessness

In 2024, there were an estimated 771,480 people in the U.S. who experienced homelessness on a single night, the highest number ever recorded.

Since June 2024, almost 220 local measures have passed that restrict or ban acts like sleeping, sitting or panhandling in public in cities that include Phoenix; Gainesville, Florida, and Reno, Nevada.

The rate of unsheltered homelessness, meaning homeless people who are sleeping in places that are not meant for humans to rest in, like parks or cars, is the highest in California.

After the Supreme Court’s decision, California Gov. Gavin Newsom issued an executive order in July 2024 that directs state agencies and departments to adopt new policies that remove homeless encampments. Those are temporary outdoor living spaces used by homeless people, often on public or private property.

Following this executive order, more than two dozen California cities and towns adopted or considered adopting sweeping bans on homeless encampments.

Not every leader has embraced this approach of what some observers call criminalizing homelessness. Los Angeles Mayor Karen Bass, for example, rejected criminalizing homelessness as “backwards” in June 2024.

Nevertheless, many cities are enforcing existing and new bans on homeless encampments more aggressively than before the Supreme Court decision – despite evidence that such enforcement is not effective in dealing with the problem of homelessness.

The impacts of aggressive enforcement

Research shows that arresting someone without a home for sitting, resting or sleeping in a public place does not reduce homelessness.

Instead, encampment sweeps and camping bans typically displace people from one area to another, while discarding or destroying their personal belongings in the process, such as identification cards, medications and sleeping gear.

This approach also wastes public resources by paying groups to throw away people’s belongings instead of investing that money into actual housing solutions, like creating more affordable housing options.

Homeless encampment sweeps by police or other government officials are also shown to make people living in camps sicker, leading to increases in hospitalizations and even deaths among those dependent on drugs or alcohol.

A punitive shift in San Francisco

San Francisco is an example of an American city with a relatively large homeless population that has taken a more aggressive approach to enforcing bans on homeless encampments over the past year.

A few weeks after the Supreme Court decision, then-San Francisco Mayor London Breed promised to be “very aggressive” in removing homeless encampments. She also said that “building more housing” would not solve the homelessness crisis.

City data shows that in the 12 months since the Supreme Court ruling, San Francisco police had arrested more than 1,000 homeless people for living in a public space – a scale of enforcement rarely seen in the city’s past. In the year leading up to the ruling, 111 people were arrested for illegal lodging

San Francisco identified approximately 8,300 homeless city residents in 2024.

In June 2025, I conducted a survey of 150 homeless people in San Francisco. About 10% of those people who gave a reason for a recent arrest reported being jailed for lodging without permission. Another 6% said they were arrested for trespassing.

In the same survey, which is part of an ongoing project, 54% of homeless San Francisco residents reported being forced to move from a public space at least once.

Another 8% reported being cited for another reason related to trespassing.

A less aggressive path in Portland

Other western American cities with large homeless populations have taken slightly different approaches to removing homelessness encampments since June 2024.

Portland, Oregon, for example, began enforcing a new daytime camping ban in July 2024. But Portland police have only made 11 arrests of homeless people for camping-related violations over the past year.

Other homeless people in Portland have received police citations for other offenses, like trespassing.

As part of my June 2025 study, I surveyed 150 homeless Portland residents. About 49% of respondents reported having been arrested at some point in their lives. Though no respondents were arrested for camping in a prohibited place, 68% of people I spoke with reported that police or other government officers forced them to leave a public space at some point over the past year.

And 13% of those who gave a reason for being cited by police said it was for camping in a prohibited place. Another 11% of homeless people were cited for some other reason related to living without shelter.

As part of the study, I also interviewed residents who had been arrested while living on the street. One Portland resident I interviewed – who asked not to be named to preserve their anonymity – told me they lost the chance to rent an apartment because they were arrested in 2023 on a preexisting, unrelated warrant after a police officer checked their ID – just days before they were supposed to pick up their keys.

“Many unhoused people have warrants simply for failing to appear after being cited for sitting or resting in public space,” they said. “I was supposed to go get the keys and, bam, I got picked up. I was arrested and went to court. Just me being in jail for five, six or five days screwed it all. I didn’t show up to get the keys, and then (the landlord) couldn’t get ahold of me, and they had no idea what was going on.”

The weeklong jail stay not only pushed this person back onto the street, but it also put them back onto a waiting list for housing – where they remain in 2025.

Looking ahead

The Supreme Court’s 2024 ruling did not mandate that cities criminalize homelessness. But it effectively gave cities the green light to do so without fear of violating people’s constitutional protections.

The effects of this ruling will be further felt with President Donald Trump’s July 24, 2025, executive order that ended federal support for approaches like Housing First, a policy that prioritizes providing homeless people with housing, before any other needed help. The order also calls for involuntarily committing homeless people with mental illness to mental health institutions.

As more cities consider tougher encampment ordinances, I think it is worth considering if more punitive measures really address homelessness. Decades of evidence suggest they won’t.

Instead, arresting homeless people often deepens their poverty, increases displacement and diverts public funding away from the real solution – stable, affordable housing.

Stephen Przybylinski does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

​Politics + Society – The Conversation

The Trump administration’s plan to unravel many of the nation’s climate policies hinges on rescinding what’s known as the endangerment finding. But its strategy for doing that appears to run afoul of several federal laws.

The endangerment finding is a 2009 determination by the Environmental Protection Agency that six greenhouse gases, including carbon dioxide, contribute to climate change and therefore pose a threat to public health and welfare.

The scientific evidence of these threats has gotten stronger in the years since the endangerment finding was made. That evidence is laid out in multiple national and international reports written by hundreds of scientists who reviewed the data and research.

In contrast, the EPA’s proposal to now rescind the endangerment finding is based in part on a new Department of Energy report written by five people, named as the “Climate Working Group.” All five have been outspoken critics of mainstream climate science. Energy Secretary Chris Wright said he handpicked the group to write the report.

The group’s report cherry-picks information and misrepresents uncertainties. Some scientists whose studies it cites have complained that the authors misrepresented their research. Others are speaking out about factual problems with the report.

I have served in the federal government and on numerous scientific federal advisory committees, and I’ve seen firsthand the rigorous requirements that federal agencies are supposed to meet so that scientific information they disseminate can be trusted by the public.

The Energy Department and the EPA seem to have run afoul of four laws in particular that may be tricky for the administration to get around.

1. Has the Energy Department produced a credible report?

A casual reader might think the Energy Department climate report is credible.

Its inside cover affirms that it “is being disseminated … in compliance with” the Information Quality Act. The word “disseminated” means that this is a final report and not just a draft.

The Information Quality Act, passed by Congress in 2000, requires “ensuring and maximizing the quality, objectivity, utility, and integrity of information (including statistical information) disseminated by Federal agencies.”

This law is the basis for federal guidance on scientific peer review for all agencies. It also requires agencies to provide the public with an opportunity to request corrections in final reports if they were not properly developed or lack balance, accuracy and objectivity. The agency decides whether to grant the request, but there is an appeals process.

Government scientific products considered final also must have previously undergone independent external peer review conducted in an “open and rigorous manner,” according to the White House Office of Management and Budget.

One author of the Energy Department’s report stated that the report was reviewed by “eight scientists/administrators employed by the DOE.” However, this does not meet the government’s standards for implementing the law, which requires a public record of review by scientific experts not affiliated with the department that issued the report.

2. Agencies cannot cherry-pick groups to give answers they want

The Federal Advisory Committee Act of 1972, or FACA, addressed concerns that “special interest groups” could “exercise undue influence” in promoting “their private concerns” on “matters in which they have vested interests.”

The law requires a public process for creating and appointing groups to advise the government and requires that the properly appointed group operates in public view and takes public comments along the way.

According to the DOE’s own guidance, “FACA applies when a group is asked to render advice or recommendations as a group and not a collection of individuals.”

Thus, the group chosen to write the department’s report falls within the scope of FACA. The law requires that a committee representing a fair balance of viewpoints be chartered under FACA and that members be appointed only after a public nomination process with public opportunity to comment on the list of candidates.

Once appointed, a balanced group is also required to deliberate in public and receive public comments in formulating their report. That didn’t happen.

3. Federal agencies cannot be arbitrary or inconsistent in rulemaking

The Administrative Procedure Act of 1946 requires federal agencies to allow public participation in rulemaking processes and to follow consistent procedures and practices when developing regulations.

The law prohibits actions that are “arbitrary and capricious” – meaning decisions made without justification or regard for facts – or an “abuse of discretion.”

Agencies are expected to examine relevant data. They must not only follow applicable laws, such as FACA, but also must follow procedures established to implement those laws, such as balanced membership of the committee and opportunity for public comment when formulating the report.

4. Science Advisory Board review is also required

The EPA is also subject to the Environmental Research, Development and Demonstration Authorization Act of 1978. The act mandated that the EPA must establish a Science Advisory Board. It also requires that agency make available to its Science Advisory Board relevant scientific and technical information on any “proposed criteria document, standard, limitation, or regulation.”

The board must be given time to review the scientific and technical basis of the proposed action – in this case, the disseminated Energy Department report – now that the EPA is using this report to inform its regulatory action.

Under the Information Quality Act, the EPA may not develop a regulation based on a draft report.

The EPA’s Science Advisory Board website lists zero members as of mid-August 2025. On Jan. 28, 2025, the EPA dismissed all of the board’s previous members. Nominations for new board members were due on June 2. At best, it will be months before the EPA can seat a new Science Advisory Board because of time needed to complete the selection, appointment and ethics review processes.

Either the EPA could follow the law and suspend any proposed actions until the Science Advisory Board is available, or accept legal risk for not following the Environmental Research, Development and Demonstration Authorization Act.

What’s next?

These laws exist to protect the public by preventing the federal government from being unduly influenced by narrow interests when disseminating evidence that informs policy decisions. Science-based agencies such as the Energy Department and the EPA have a legal requirement to follow the science.

The public has a chance to comment on the EPA’s proposal to rescind the 2009 endangerment finding and greenhouse gas vehicle standards until Sept. 15, 2025. And although the Energy Department disseminated its report as a final version, the department is accepting public comments on the report through Sept. 2.

For both, the most effective comments are evidence-based and not merely opinion.

The National Academies of Sciences, Engineering and Medicine, independent nonprofit institutions that advise the government, announced in early August that they will conduct a fast-track review of the science on whether greenhouse gas emissions endanger public health and welfare to submit as a public comment.

Because the Energy Department report is presented as final, it is also subject to the “request for correction” process under the Information Quality Act within 60 days of its initial release.

Given the Energy Department report’s legal vulnerabilities, the Trump administration could consider withdrawing the report and starting over with a legally and scientifically valid approach. If these vulnerabilities are not corrected and the EPA rescinds the endangerment finding based on the Energy Department report, years of litigation are likely to slow the administration’s efforts.

Dr. H. Christopher Frey is currently a professor of environmental engineering at North Carolina State University. He has served on numerous scientific advisory committees, including the U.S. Environmental Protection Agency FIFRA Scientific Advisory Panel (2004-2006), Science Advisory Board (2012-2018), and Clean Air Scientific Advisory Committee (2008-2015). He was chair of CASAC from 2012 to 2015. He has served on study committees of the National Academies of Science, Engineering, and Medicine. He served at EPA from 2021 to 2022 as Deputy Assistant Administrator for Science Policy and from 2022 to 2024 as Assistant Administrator for Research and Development and Science Advisor. While in federal service he co-chaired the National Science and Technology Council Committee on Environment.

​Politics + Society – The Conversation

When former President Joe Biden unveiled his US$1.9 trillion infrastructure plan in 2021, he found the perfect place to go public: Philadelphia’s 30th Street Station rail yard.

Over the din of crackling wires and grumbling engines, the president made his case for revitalizing the country’s roads, ports, airports and rail lines.

Behind Biden sat rows of gleaming Amtrak trains. Among them was a prototype of NextGen Acela, a sleek machine engineered to deliver the fastest passenger service in American history.

On Aug. 28, 2025, NextGen will finally hit the rails, after years of delays.

As the author of a book on the Northeast Corridor, the rail line that connects Boston, New York, Philadelphia and Washington, I know this new train cannot come soon enough for many seaboard riders, even though it launches at a time of diminished political will for passenger rail.

Rail renaissance under fire

The French-designed, American-manufactured NextGen arrives years late due to mechanical defects and failed simulation tests mandated by the Federal Railroad Administration. The new Acela will begin whisking passengers along the corridor after a chaotic year that saw downed wires, busted circuit breakers and brushfires disrupt Amtrak operations.

Gone is Amtrak’s White House champion, railfan-in-chief Biden, replaced by Donald Trump, whose one-time adviser, Elon Musk, called Amtrak a “sad situation,” and who proposed replacing the government-owned carrier with private competitors.

Amtrak CEO Stephen Gardner resigned in March 2025, and, in May, Amtrak cut 450 employee positions.

NextGen Acela promises an American rail renaissance in a moment when federally sponsored trains are fighting for their lives, as Biden’s infrastructure ambitions fall to an administration bent on cutting government costs.

These contradictions, however, are nothing new.

Not-so-fast trains

America’s love-hate relationship with fast trains stretches back to October 1964, when Japanese National Railways opened its Shinkansen high-speed line between Tokyo and Osaka.

Japan’s iconic 130-mph bullet train entranced audiences, many of whom saw footage of the new service during televised coverage of the Tokyo Olympics.

Americans wanted their own bullet train but were reluctant to pay the massive infrastructural costs of a Shinkansen system. When Congress passed the High-Speed Ground Transportation Act of 1965, it prioritized the development of trains over the reconstruction of tracks, power systems and maintenance facilities.

The resulting services underperformed.

On Dec. 20, 1967, a gas turbine train manufactured by United Aircraft topped 170 mph while testing in New Jersey. But when the so-called TurboTrain entered service, it managed an average pace of just 63 mph on the weaving track between New York and Boston.

The electric-powered Metroliner, which began service in 1969, boasted similar potential but rarely held triple-digit speeds in service and broke down so often that its carrier, the Penn Central Railroad, struggled to keep the trains running between New York and Washington.

Historians usually regard these high-speed forays as resounding failures.

But riders loved them.

Technical flaws aside, both the TurboTrain and Metroliner were a hit with northeastern riders, so much so that Amtrak retained the Metroliner brand until 2006, long after it had retired the ‘60s-era trains.

Reflecting in 1999, rail journalist Don Phillips expressed disbelief “that those dogs were actually popular with the riding public.”

The birth of Acela

Amtrak opened a new era of high-speed rail in 2000 when it launched Acela Express.

Derived from France’s acclaimed TGV design, Acela carries passengers at speeds up to 150 mph on the Northeast Corridor.

Like the Metroliner before it, Acela suffered from design problems and mechanical faults, including cracked yaw dampers and brake discs, which temporarily sidelined the trains.

Rail writer Joseph Vranich described Acela as both “Amtrak’s crown jewel” and a “remarkable fiasco.”

And yet riders flocked to the service. Acela became one of Amtrak’s most popular and lucrative trains – so attractive that it lured business travelers off regional airlines.

When Acela entered service in 2000, Amtrak trains claimed just 37% of air-rail traffic between New York and Washington. By 2021, it had 83%. Between New York and Boston, that figure jumped from 20% to 75%.

Acela 2.0

Now, NextGen Acela takes up the fraught legacy of American high-speed rail. What can we expect of the new train?

NextGen is faster than the original Acela but will not set any world speed records. Its top velocity of 160 mph falls short of global benchmarks set by China’s Fuxing, which hits 217 mph, and Japan’s newest Shinkansens, which reach 200 mph.

With better tracks and signals, NextGen could conceivably ramp up to 186 mph, though such speeds won’t be possible anytime soon.

For now, NextGen will make do with an imperfect corridor. The train’s lightweight design means faster acceleration and lower energy consumption. An enhanced dynamic tilting system will let carriages lean into curves on the corridor’s twisting track, so they lose less speed on turns. The original Acela also tilted, but not as much.

The upgraded onboard experience includes winged headrests, seat-side USB ports and 5G Wi-Fi. More importantly, each NextGen train can seat 82 more passengers than its predecessor. When Amtrak’s full fleet of 28 NextGens enters service, sending the first-generation trains into retirement, Acela service capacity will have increased by 4,728 seats.

This figure may be the train’s greatest achievement in a congested region at a time when Amtrak is posting record ridership.

The effects of the Northeast’s post-pandemic passenger surge are nowhere more visible than the Philadelphia rail yard where Biden spoke four years ago. Amtrak is constructing a new maintenance shop beside the Schuylkill River that will service NextGen trains and cement Philly’s role in the railroad’s addition of a million annual seats to its non-Acela corridor trains. Powered by conventional electric locomotives, these slower, cheaper “Regionals” accounted for 77% of corridor ridership in 2024 and will continue to carry the bulk of northeastern passengers.

Meanwhile, a quarter-mile south of the maintenance shop, America’s third-busiest passenger hub, 30th Street Station, is receiving a generational overhaul with a new food court, exterior plaza, shops and underground access to rapid transit.

These projects demonstrate the economic power of fast, frequent trains in Philly and throughout trackside communities of the Northeast. America’s embattled but resilient high-speed rail tradition may never be the world’s best, but even incremental improvements, like NextGen, cannot help but transform the places they serve.

For Amtrak’s corridor region, the stakes have never been higher.

Read more of our stories about Philadelphia.

David Alff is a member of the Empire State Passenger Association.

​Politics + Society – The Conversation