courthousenews--2020-08-04--Self-Driving Car Maker Sentenced to Prison For Stealing Trade Secrets From Google

SAN FRANCISCO ( CN ) — Anthony Levandowski , a visionary engineer in self-driving car technology , was sentenced Tuesday to 18 months in federal prison for swiping upwards of 14,000 proprietary documents from his former employer Google before he left to start his own company .
Levandowski , 40 , worked in Google as an engineer for the company ’ s offshoot focused on self-driving technology called Waymo , where he headed its self-driving car project dubbed Project Chauffeur .
In 2016 , Levandowski abruptly parted ways with Waymo , taking thousands of Google ’ s files with him @ @ @ @ @ @ @ , which was later acquired by Uber .
“ This was not a small crime , ” U.S. District Judge William Alsup said at Levandowski ’ s sentencing hearing Tuesday .
“ This was the biggest trade secret crime I have ever seen .
This was massive in scale.
” Levandowski admitted that he downloaded files from the internal drive of Google for the express purpose of benefiting himself and later Uber .
One of the most important files , which gave periodic updates full of detailed information regarding the status of Google @ @ @ @ @ @ @ was downloaded after Levandowski resigned in 2015 .
Levandowski further admitted the document contained trade secrets and that he intended to use it to his own benefit .
Federal agents initially charged Levandowski with 33 counts of trade secret theft .
In March , he pleaded guilty to a single count .
Alsup , who studied to be a civil engineer before turning to law , said he had tremendous respect for Levandowski .
“ Mr .
Levandowski is a brilliant , groundbreaking engineer that our country needs .
We particularly need those @ @ @ @ @ @ @ .
Levandowski ’ s attorneys had asked for 12 months of home confinement , a fine of $ 95,000 , and that Levandowski be required to give 12 speeches about his crime and resulting prosecution to aspiring engineers .
Assistant U.S. Attorney Katherine Wawrzyniak said deterrence should play an outsized role in fashioning an appropriate sentence , especially in an industry pervaded by hubris and greed .
“ This was a brazen theft and it still shocks the conscience today , ” she said .
“ His elite status in the industry is @ @ @ @ @ @ @ shocking and inexplicable .
There shouldn ’ t be two systems of justice for this country , one for the well to do and one for everyone else.
” Alsup agreed , telling Levandowski ’ s counsel Ismail Ramsey that by requesting probation , “ You ’ re giving a green light to every future brilliant engineer to steal trade secrets where billions of dollars are on the line .
Prison time is the answer to that .
Somebody who deserves prison time ought to get prison time , ” he said .
@ @ @ @ @ @ @ a message to Silicon Valley entrepreneurs weighing the risks and benefits of trade secret theft .
“ I am required to give a sentence that when someone else in Mr Levandowski ’ s position a few years from now who is considering stealing trade secrets and going off to start a competing company will be deterred from that .
And what would be the deterrent ’ s message from what happens here today ?
Will it be even if you get caught , which is not always possible , you ’ ll get @ @ @ @ @ @ @ you most of those people will take that risk.
” Ramsey said the government submitted no evidence that the stolen trade secrets were used by Ottomotto or Uber , an argument Alsup said was a stretch .
“ It ’ s probably true the Uber design was going to be different from the Waymo design and that much of what was in those files turned out to be not too relevant .
But there was still material in those files that would be useful for a competitor to know , ” Alsup said @ @ @ @ @ @ @ game plan , any football coach in America would love that.
” In addition to the 18 months , Levandowski will be required to pay a $ 95,000 fine and $ 756,499 in restitution to Waymo .
He will also be required to give speeches entitled “ Why I Went to Federal Prison.
” Levandowski ’ s next court date is set for Feb. 9 , 2021 .
He will not be required to self-surrender until after the Covid-19 pandemic abates .
“ I don ’ t want him to go to prison @ @ @ @ @ @ @ Alsup said .
“ If it takes even a year for him to self surrender , that ’ s ok with me until we get the prison safe.
” Alsup was flooded with letters from Levandowski ’ s family , friends , and colleagues ahead of his sentencing Tuesday , extolling his intelligence , kind-heart and vision of a world made safer by self-driving cars .
His mother wrote a letter relaying the good deeds of his childhood , like when at age six he convinced a friend to return a toy car @ @ @ @ @ @ @ or when as a teenager , he saved a young girl from drowning in Corsica .
Levandowski also has the support of longtime friend Jibril Jackson , the CEO of social networking start-up HYVE .
They met at University High School where they were both on the basketball team , and though they lost touch when Jackson went off to college , he said they reunited when Jackson later moved to Los Angeles and tried to start a new company .
In his letter to Alsup , Jackson , who is Black , @ @ @ @ @ @ @ of color face when trying to fund their Silicon Valley ventures .
He said Levandowski was an early champion and matched his investment in HYDE .
“ The Valley exalts engineers , but it is ruled by managers and investors .
They don ’ t have the ability to evaluate our work , so they rely exclusively on proxies .
And their proxies tend to overlook engineers of color , ” Jackson wrote .
“ To understand why , imagine that working in your field depended on securing funding from a group of @ @ @ @ @ @ @ rule and have neither the ability nor the appetite to conduct due diligence .
Anthony ’ s engagement was the first time anyone both white and pedigreed was willing to kick the tires on my code.
” Jackson said he believes his friend has learned from his mistake , adding , “ I can attest to the fact that this situation has been a wake-up call for Anthony.
” In his own letter to Alsup , Levandowski said he regretted his actions , which wrecked his professional reputation and decimated his finances .
@ @ @ @ @ @ @ has also filed for bankruptcy .
“ These last three and a half years have been a grueling lesson in humility , responsibility , and remorse , and I feel a great deal of shame and guilt for not only what I have done , but for the harm that it has caused those around me , ” he wrote .
Levandowski reiterated his remorse in court on Tuesday , telling Alsup , “ I apologize to colleagues at Google for betraying their trust and to my entire family for the price they @ @ @ @ @ @ @ .
I can ’ t change what I did but I can learn from my mistakes and not repeat them .
I can tell you with 100 % certainty that I will never come close to breaking the law again .
”

Anthony Levandowski, a pioneer in self-driving car technology, was sentenced to 18 months in federal prison for swiping upwards of 14,000 proprietary documents from his former employer Google before he left to start his own company.
SAN FRANCISCO (CN) — Anthony Levandowski, a visionary engineer in self-driving car technology, was sentenced Tuesday to 18 months in federal prison for swiping upwards of 14,000 proprietary documents from his former employer Google before he left to start his own company.
Levandowski, 40, worked in Google as an engineer for the company’s offshoot focused on self-driving technology called Waymo, where he headed its self-driving car project dubbed Project Chauffeur.
In 2016, Levandowski abruptly parted ways with Waymo, taking thousands of Google’s files with him to form his own company called Ottomotto, which was later acquired by Uber.
“This was not a small crime,” U.S. District Judge William Alsup said at Levandowski’s sentencing hearing Tuesday. “This was the biggest trade secret crime I have ever seen. This was massive in scale.”
Levandowski admitted that he downloaded files from the internal drive of Google for the express purpose of benefiting himself and later Uber.
One of the most important files, which gave periodic updates full of detailed information regarding the status of Google’s progress with self-driving technology, was downloaded after Levandowski resigned in 2015. Levandowski further admitted the document contained trade secrets and that he intended to use it to his own benefit.
Federal agents initially charged Levandowski with 33 counts of trade secret theft. In March, he pleaded guilty to a single count.
Alsup, who studied to be a civil engineer before turning to law, said he had tremendous respect for Levandowski.
“Mr. Levandowski is a brilliant, groundbreaking engineer that our country needs. We particularly need those people with vision,” he said.
Levandowski’s attorneys had asked for 12 months of home confinement, a fine of $95,000, and that Levandowski be required to give 12 speeches about his crime and resulting prosecution to aspiring engineers.
Assistant U.S. Attorney Katherine Wawrzyniak said deterrence should play an outsized role in fashioning an appropriate sentence, especially in an industry pervaded by hubris and greed.
"This was a brazen theft and it still shocks the conscience today,” she said. “His elite status in the industry is what makes this conduct all the more shocking and inexplicable. There shouldn't be two systems of justice for this country, one for the well to do and one for everyone else.”
Alsup agreed, telling Levandowski’s counsel Ismail Ramsey that by requesting probation, “You’re giving a green light to every future brilliant engineer to steal trade secrets where billions of dollars are on the line. Prison time is the answer to that. Somebody who deserves prison time ought to get prison time,” he said.
Alsup said he would like to send a message to Silicon Valley entrepreneurs weighing the risks and benefits of trade secret theft.
“I am required to give a sentence that when someone else in Mr Levandowski’s position a few years from now who is considering stealing trade secrets and going off to start a competing company will be deterred from that. And what would be the deterrent's message from what happens here today? Will it be even if you get caught, which is not always possible, you'll get home confinement? I'll tell you most of those people will take that risk.”
Ramsey said the government submitted no evidence that the stolen trade secrets were used by Ottomotto or Uber, an argument Alsup said was a stretch.
“It's probably true the Uber design was going to be different from the Waymo design and that much of what was in those files turned out to be not too relevant. But there was still material in those files that would be useful for a competitor to know,” Alsup said. “Having the competitor's game plan, any football coach in America would love that.”
In addition to the 18 months, Levandowski will be required to pay a $95,000 fine and $756,499 in restitution to Waymo. He will also be required to give speeches entitled “Why I Went to Federal Prison.”
Levandowski’s next court date is set for Feb. 9, 2021. He will not be required to self-surrender until after the Covid-19 pandemic abates.
“I don't want him to go to prison until Covid-19 is under control,” Alsup said. “If it takes even a year for him to self surrender, that's ok with me until we get the prison safe.”
Alsup was flooded with letters from Levandowski’s family, friends, and colleagues ahead of his sentencing Tuesday, extolling his intelligence, kind-heart and vision of a world made safer by self-driving cars.
His mother wrote a letter relaying the good deeds of his childhood, like when at age six he convinced a friend to return a toy car he had stolen from a store, or when as a teenager, he saved a young girl from drowning in Corsica.
Levandowski also has the support of longtime friend Jibril Jackson, the CEO of social networking start-up HYVE. They met at University High School where they were both on the basketball team, and though they lost touch when Jackson went off to college, he said they reunited when Jackson later moved to Los Angeles and tried to start a new company.
In his letter to Alsup, Jackson, who is Black, noted the adversity that engineers and entrepreneurs of color face when trying to fund their Silicon Valley ventures. He said Levandowski was an early champion and matched his investment in HYDE.
“The Valley exalts engineers, but it is ruled by managers and investors. They don't have the ability to evaluate our work, so they rely exclusively on proxies. And their proxies tend to overlook engineers of color,” Jackson wrote.
“To understand why, imagine that working in your field depended on securing funding from a group of people who doubt your competence as a rule and have neither the ability nor the appetite to conduct due diligence. Anthony's engagement was the first time anyone both white and pedigreed was willing to kick the tires on my code.”
Jackson said he believes his friend has learned from his mistake, adding, “I can attest to the fact that this situation has been a wake-up call for Anthony.”
In his own letter to Alsup, Levandowski said he regretted his actions, which wrecked his professional reputation and decimated his finances. Since pleading guilty in March, Levandowski has also filed for bankruptcy.
“These last three and a half years have been a grueling lesson in humility, responsibility, and remorse, and I feel a great deal of shame and guilt for not only what I have done, but for the harm that it has caused those around me,” he wrote.
Levandowski reiterated his remorse in court on Tuesday, telling Alsup, "I apologize to colleagues at Google for betraying their trust and to my entire family for the price they will continue to pay for my actions. I can't change what I did but I can learn from my mistakes and not repeat them. I can tell you with 100 % certainty that I will never come close to breaking the law again.”


courthousenews--2020-08-04--Homeland Security Official Defends Federal Response to Protests

WASHINGTON ( CN ) — With Democrats demanding explanations for viral clashes between federal agents and protesters , acting Deputy Homeland Security Secretary Ken Cuccinelli on Tuesday defended his agency ’ s response to nationwide racial justice demonstrations in cities like Portland .
“ While we have to fix the mistakes , we can not sacrifice the rule of law to do that , ” Cuccinelli said , referring to the Department of Homeland Security .
“ And we do it in tandem with the protection of First Amendment rights.
” Appearing Tuesday afternoon before the Senate Judiciary Subcommittee on @ @ @ @ @ @ @ Trump administration official to defend to Congress the controversial decision to deploy federal agents to protests in cities across the country .
Democrats and civil rights groups have condemned the move , calling it an overreaction that has heightened tensions at what have been mostly peaceful protests against police violence in the wake of the death of George Floyd in Minneapolis police custody .
Before federal agents withdrew from the city at the end of last month , Portland was the site of stark images of conflict between protesters and law enforcement from @ @ @ @ @ @ @ included agents , some of whom were not wearing clear identification , firing tear gas and beating and arresting assembled demonstrators .
But Cuccinelli said the federal personnel in Portland have been faced with continued attacks from small groups of violent agitators attacking the city ’ s federal courthouse .
Raising the specter of the anti-fascist group antifa , Cuccinelli said people taking advantage of peaceful protests have hurled frozen water bottles at agents and wielded lasers to blind them .
He said people have launched fireworks into the courthouse with the aim @ @ @ @ @ @ @ officers in Portland have suffered injuries , including days-long blindness from the lasers .
Erin Cox , the U.S. attorney for the Northern District of Texas who is working on a task force to prosecute anti-government extremist groups engaged in violence and rioting , said the Justice Department has opened more than 300 domestic terror investigations since May 28 .
Democrats have pushed back against the Trump administration ’ s insistence that the federal agents are mere protectors of the courthouse in Portland , saying their presence and actions in response to otherwise @ @ @ @ @ @ @ it more dangerous .
Senator Sheldon Whitehouse , a Rhode Island Democrat , in particular questioned Cuccinelli about one video showing a Navy veteran who was beaten by federal law enforcement in Portland , seemingly without provocation .
“ It looks very much like a person who is standing very still and being as harmless as he can be , ” Whitehouse said of the incident .
“ And who was alone surrounded by officers .
Whose garb is a sweatshirt compared to tactical gear .
Who has no weapon compared to pepper @ @ @ @ @ @ @ as well as the batons , and who takes a pretty damned hard beating all things considered .
And I think it ’ s episodes like that that cause legitimate concern.
” Cuccinelli said the incident is being investigated by the agency ’ s inspector general and Cox said the U.S .
Marshals Service is also probing the incident .
Senator Chris Coons , a Delaware Democrat , raised concerns about the level of training federal agents have received before going into mass demonstrations , particularly after Cuccinelli mentioned that one Immigration and @ @ @ @ @ @ @ in prisons .
Beyond Cuccinelli ’ s testimony , the hearing was dominated by a debate that has raged in recent weeks between Democrats and Republicans over violence and property damage at the protests and where to lay the blame .
Republicans highlighted antifa , a loosely defined left-wing movement , as the prime force of violence .
Senator Ted Cruz blasted Democrats for not condemning the group forcefully enough , casting it as an existential threat that has “ hijacked ” the protests , which he said are legitimate calls for change @ @ @ @ @ @ @ a political game , ” the Texas Republican said .
“ Don ’ t kill people .
Don ’ t set police cars on fire.
” To Democrats , Republicans have overstated antifa ’ s involvement in the protests and the threat the group poses while downplaying white supremacist groups that have been implicated in violence at some protests .
“ All of this talk about leftist anarchy is just a big deflection from the nationwide call for justice , ” Senator Ron Wyden , an Oregon Democrat , said at the hearing @ @ @ @ @ @ @ the Brennan Center for Justice ’ s liberty and national security program , said pinning clashes with law enforcement on antifa is misleading and can discredit valid protests .
Because protests are by their nature disruptive , German said law enforcement can mistake civil disobedience for genuine threats .
“ They often mistake civil disobedience for anarchy and bring indiscriminate levels of force to restore their idea of order , ” German said .

With Democrats demanding explanations for viral clashes between federal agents and protesters, acting Deputy Homeland Security Secretary Ken Cuccinelli on Tuesday defended his agency’s response to nationwide racial justice demonstrations in cities like Portland.
WASHINGTON (CN) — With Democrats demanding explanations for viral clashes between federal agents and protesters, acting Deputy Homeland Security Secretary Ken Cuccinelli on Tuesday defended his agency’s response to nationwide racial justice demonstrations in cities like Portland.
“While we have to fix the mistakes, we cannot sacrifice the rule of law to do that,” Cuccinelli said, referring to the Department of Homeland Security. “And we do it in tandem with the protection of First Amendment rights.”
Appearing Tuesday afternoon before the Senate Judiciary Subcommittee on the Constitution, Cuccinelli was the latest Trump administration official to defend to Congress the controversial decision to deploy federal agents to protests in cities across the country.
Democrats and civil rights groups have condemned the move, calling it an overreaction that has heightened tensions at what have been mostly peaceful protests against police violence in the wake of the death of George Floyd in Minneapolis police custody.
Before federal agents withdrew from the city at the end of last month, Portland was the site of stark images of conflict between protesters and law enforcement from federal agencies including DHS. This has included agents, some of whom were not wearing clear identification, firing tear gas and beating and arresting assembled demonstrators.
But Cuccinelli said the federal personnel in Portland have been faced with continued attacks from small groups of violent agitators attacking the city’s federal courthouse. Raising the specter of the anti-fascist group antifa, Cuccinelli said people taking advantage of peaceful protests have hurled frozen water bottles at agents and wielded lasers to blind them.
Ken Cuccinelli, the acting deputy Homeland Security secretary, testifies before a Senate panel on Tuesday, Aug. 4, 2020. Cuccinelli used the frozen water bottle in front of him at the witness table as a prop to demonstrate what has been hurled at federal agents in Portland.
He said people have launched fireworks into the courthouse with the aim of starting fires and that approximately 140 officers in Portland have suffered injuries, including days-long blindness from the lasers.
Erin Cox, the U.S. attorney for the Northern District of Texas who is working on a task force to prosecute anti-government extremist groups engaged in violence and rioting, said the Justice Department has opened more than 300 domestic terror investigations since May 28.
Democrats have pushed back against the Trump administration’s insistence that the federal agents are mere protectors of the courthouse in Portland, saying their presence and actions in response to otherwise peaceful protests escalated the situation and made it more dangerous.
Senator Sheldon Whitehouse, a Rhode Island Democrat, in particular questioned Cuccinelli about one video showing a Navy veteran who was beaten by federal law enforcement in Portland, seemingly without provocation.
“It looks very much like a person who is standing very still and being as harmless as he can be,” Whitehouse said of the incident. “And who was alone surrounded by officers. Whose garb is a sweatshirt compared to tactical gear. Who has no weapon compared to pepper spray, mace, whatever they have as well as the batons, and who takes a pretty damned hard beating all things considered. And I think it’s episodes like that that cause legitimate concern.”
Cuccinelli said the incident is being investigated by the agency’s inspector general and Cox said the U.S. Marshals Service is also probing the incident.
Senator Chris Coons, a Delaware Democrat, raised concerns about the level of training federal agents have received before going into mass demonstrations, particularly after Cuccinelli mentioned that one Immigration and Customs Enforcement unit involved in Portland specializes in prisons.
Beyond Cuccinelli’s testimony, the hearing was dominated by a debate that has raged in recent weeks between Democrats and Republicans over violence and property damage at the protests and where to lay the blame.
Republicans highlighted antifa, a loosely defined left-wing movement, as the prime force of violence. Senator Ted Cruz blasted Democrats for not condemning the group forcefully enough, casting it as an existential threat that has “hijacked” the protests, which he said are legitimate calls for change.
“This shouldn’t be a political game,” the Texas Republican said. “Don’t kill people. Don’t set police cars on fire.”
To Democrats, Republicans have overstated antifa’s involvement in the protests and the threat the group poses while downplaying white supremacist groups that have been implicated in violence at some protests.
“All of this talk about leftist anarchy is just a big deflection from the nationwide call for justice,” Senator Ron Wyden, an Oregon Democrat, said at the hearing.
Michael German, a fellow at the Brennan Center for Justice’s liberty and national security program, said pinning clashes with law enforcement on antifa is misleading and can discredit valid protests. Because protests are by their nature disruptive, German said law enforcement can mistake civil disobedience for genuine threats.
“They often mistake civil disobedience for anarchy and bring indiscriminate levels of force to restore their idea of order,” German said.


courthousenews--2020-08-04--Texas Medical Board Warns Physicians Who Claim Covid-19 Cure

HOUSTON ( AP ) — The Texas board that licenses doctors has warned physicians that it could take action against anyone who falsely advertises a cure for Covid-19 .
The Texas Medical Board issued its warning after a Houston-area pastor and doctor , Dr. Stella Immanuel , very publicly touted hydroxychloroquine as a cure for the disease caused by the coronavirus , the Houston Chronicle reported .
Multiple studies have found that hydroxychloroquine doesn ’ t help against the virus and the Food and Drug Administration has cautioned against using it to treat patients with the disease because of reports @ @ @ @ @ @ @ injuries and disorders .
In a video that went viral last week and caught the attention of President Donald Trump , Immanuel said that if everyone took hydroxychloroquine , it would stop the virus in its tracks within 30 days .
She said it was “ fake science ” to say that the drug doesn ’ t work as a cure .
Trump has repeatedly asserted that hydroxychloroquine is a safe and effective treatment for Covid-19 , only to be rebuffed by medical experts .
The video was later removed by Twitter for @ @ @ @ @ @ @ removed from Facebook and YouTube .
Immanuel said she has used the drug on more than 400 patients , including elderly , asthmatics and diabetics .
“ Big Tech is censoring Experts and suppressing the CURE .
I will not be silenced , ” she wrote on her Twitter page .
Dr. Robin Armstrong , a medical director of a Texas City nursing home and a state Republican Party officer , has said he has also provided hydroxychloroquine to 35 residents who tested positive for Covid-19but had not shown any symptoms .
And @ @ @ @ @ @ @ at United Memorial Medical Center , has said the drug was part of a “ cocktail ” that the medical center is treating patients with and that it has been working “ like a charm.
” The Chronicle said it was unclear if Armstrong and Varon were still treating Covid-19 patients with the drug .
In its statement , the Texas Medical Board said that although there are drugs and therapies to treat Covid-19 , there is no definitive cure and the medical community is “ still learning , researching and gaining understanding @ @ @ @ @

The Texas board that licenses doctors has warned physicians that it could take action against anyone who falsely advertises a cure for Covid-19.
HOUSTON (AP) — The Texas board that licenses doctors has warned physicians that it could take action against anyone who falsely advertises a cure for Covid-19.
The Texas Medical Board issued its warning after a Houston-area pastor and doctor, Dr. Stella Immanuel, very publicly touted hydroxychloroquine as a cure for the disease caused by the coronavirus, the Houston Chronicle reported. Multiple studies have found that hydroxychloroquine doesn't help against the virus and the Food and Drug Administration has cautioned against using it to treat patients with the disease because of reports linking it with heart problems and other injuries and disorders.
In a video that went viral last week and caught the attention of President Donald Trump, Immanuel said that if everyone took hydroxychloroquine, it would stop the virus in its tracks within 30 days. She said it was "fake science" to say that the drug doesn't work as a cure.
Trump has repeatedly asserted that hydroxychloroquine is a safe and effective treatment for Covid-19, only to be rebuffed by medical experts.
The video was later removed by Twitter for sharing false information. It was also removed from Facebook and YouTube.
Immanuel said she has used the drug on more than 400 patients, including elderly, asthmatics and diabetics.
"Big Tech is censoring Experts and suppressing the CURE. I will not be silenced," she wrote on her Twitter page.
Dr. Robin Armstrong, a medical director of a Texas City nursing home and a state Republican Party officer, has said he has also provided hydroxychloroquine to 35 residents who tested positive for Covid-19but had not shown any symptoms. And Dr. Joseph Varon, chief of staff at United Memorial Medical Center, has said the drug was part of a "cocktail" that the medical center is treating patients with and that it has been working "like a charm."
The Chronicle said it was unclear if Armstrong and Varon were still treating Covid-19 patients with the drug.
In its statement, the Texas Medical Board said that although there are drugs and therapies to treat Covid-19, there is no definitive cure and the medical community is "still learning, researching and gaining understanding of the virus."


courthousenews--2020-08-04--Hurricane Hanna Responsible for Smaller Gulf of Mexico Dead Zone

( CN ) — This year ’ s so-called dead zone in the Gulf of Mexico is the third smallest ever recorded thanks to Hurricane Hanna , scientists said Tuesday , despite a June prediction that it would be larger than usual .
The dead zone stretches from the mouth of the Mississippi River into Texas and is created by low oxygen levels in water , which is called hypoxia .
The low oxygen is linked to high concentrations of nutrients found in agricultural fertilizers , such as nitrogen and phosphorous , and other nutrients carried into the Gulf of @ @ @ @ @ @ @ the dead zone is in the Gulf of Mexico , the contamination that creates hypoxia is largely the result of accumulated nutrients in sediment that wash into the river from midwestern farmland along its extensive watershed .
Once the nutrients land in the Gulf of Mexico , they feed blooms of algae .
As the algae sink to the bottom , die and decompose , they use up the oxygen in the water .
Oxygen levels below two parts per million can kill organisms on the gulf floor that are food sources for @ @ @ @ @ @ @ and shrimp .
This year ’ s dead zone measured 2,116 square miles , or 1.4 million acres , during the annual check at the end of July , according to the National Oceanic and Atmospheric Administration , or NOAA .
The June estimate placed it at 6,700 square miles , or roughly the size of Connecticut and Delaware combined .
Though that sounds big , it would not have been as large as the biggest dead zone ever , which was recorded in 2017 at 9,776 square miles .
This year , @ @ @ @ @ @ @ the large swaths of algae growth and intermixing oxygen from other waters .
A similar effect happened last summer following Hurricane Barry .
By estimates last year , the dead zone would have spanned 7,800 square miles or more , but because of the hurricane the actual number turned out to be 6,952 .
David Kidwell , director of the competitive research program at NOAA ’ s National Centers for Coastal Ocean Science , said during a teleconference Tuesday that the reduced dead zone this year has to do entirely with the hurricane @ @ @ @ @ @ @ agriculturally that you would see that much of an impact in the gulf.
” June ’ s forecast that predicted a larger-than-average hypoxic zone relied primarily on nutrient data supplied by the U.S. Geological Survey that indicated heavy discharge of nutrient runoff in the Mississippi River .
A hypoxia task force that includes federal and state agencies as well as tribal governments has worked over the past 20 years to reduce agricultural runoff and emphasize water quality in an effort to address the problems contributing to the dead zone from state to state @ @ @ @ @ @ @ So far , the task force has reported much success even while the successes appear to have little ultimate effect on the volume of nutrient discharge in annual spring runoffs into the Mississippi River .
By 2035 , the task force has said it would like the dead zone ’ s five-year average to measure 1,900 square miles , which is still 200 square miles less than this year ’ s unusually small dead zone .
Mike Naig of the Iowa Department of Agriculture and Land Stewardship , who co-chairs the task force @ @ @ @ @ @ @ dead zone is part of a natural flow and changes size from year to year .
Even while the size of the dead zone fluctuates each year , Naig said “ each state in the task force is committed to and has committed funding to address ” the issue of nutrient runoff .
Naig said his work as part of the task force in his state involves “ empowering people to enjoy economic prosperity up and down the river ” while also learning to conserve water and when to use fertilizer .
He @ @ @ @ @ @ @ to show an impact on the dead zone .
Environmental advocacy groups , headed by New Orleans-based Gulf Restoration Network , filed a petition in 2008 asking the Environmental Protection Agency to institute nutrient runoff standards for states along the Mississippi .
The EPA denied the petition three years later , saying that while agrees that “ nutrient loadings to the Mississippi River and its tributaries are both harming upstream water quality and contributing significantly to hypoxia… in the Gulf of Mexico , ” it “ does not believe that the comprehensive use @ @ @ @ @ @ @ effective or practical means of addressing these concerns at this time.
” An EPA spokesman said Tuesday that making slow and steady progress in agricultural practices from state to state that is voluntary , rather than forced , will have a longer lasting impact on diminishing the size of the dead zone .
“ There is a reason that we set the goal for 2035 .
We will watch the global trend overtime .
If we rush , we will get disinvestment from the people we need to help us .
If you @ @ @ @ @ @ @ , you will not get the help you need at a global scale , ” he said .

This year’s so-called dead zone in the Gulf of Mexico is the third smallest ever recorded thanks to Hurricane Hanna, scientists said Tuesday, despite a June prediction that it would be larger than usual.
(CN) — This year’s so-called dead zone in the Gulf of Mexico is the third smallest ever recorded thanks to Hurricane Hanna, scientists said Tuesday, despite a June prediction that it would be larger than usual.
The dead zone stretches from the mouth of the Mississippi River into Texas and is created by low oxygen levels in water, which is called hypoxia. The low oxygen is linked to high concentrations of nutrients found in agricultural fertilizers, such as nitrogen and phosphorous, and other nutrients carried into the Gulf of Mexico by the Mississippi River.
Though the dead zone is in the Gulf of Mexico, the contamination that creates hypoxia is largely the result of accumulated nutrients in sediment that wash into the river from midwestern farmland along its extensive watershed.
Once the nutrients land in the Gulf of Mexico, they feed blooms of algae. As the algae sink to the bottom, die and decompose, they use up the oxygen in the water. Oxygen levels below two parts per million can kill organisms on the gulf floor that are food sources for larger oceanic species, such as fish and shrimp.
This year’s dead zone measured 2,116 square miles, or 1.4 million acres, during the annual check at the end of July, according to the National Oceanic and Atmospheric Administration, or NOAA.
The June estimate placed it at 6,700 square miles, or roughly the size of Connecticut and Delaware combined. Though that sounds big, it would not have been as large as the biggest dead zone ever, which was recorded in 2017 at 9,776 square miles.
This year, Hurricane Hanna churned the waters, dispersing the large swaths of algae growth and intermixing oxygen from other waters. A similar effect happened last summer following Hurricane Barry. By estimates last year, the dead zone would have spanned 7,800 square miles or more, but because of the hurricane the actual number turned out to be 6,952.
David Kidwell, director of the competitive research program at NOAA’s National Centers for Coastal Ocean Science, said during a teleconference Tuesday that the reduced dead zone this year has to do entirely with the hurricane and “nothing has changed that dramatically agriculturally that you would see that much of an impact in the gulf.”
June’s forecast that predicted a larger-than-average hypoxic zone relied primarily on nutrient data supplied by the U.S. Geological Survey that indicated heavy discharge of nutrient runoff in the Mississippi River.
A hypoxia task force that includes federal and state agencies as well as tribal governments has worked over the past 20 years to reduce agricultural runoff and emphasize water quality in an effort to address the problems contributing to the dead zone from state to state along the Mississippi and its tributaries. So far, the task force has reported much success even while the successes appear to have little ultimate effect on the volume of nutrient discharge in annual spring runoffs into the Mississippi River.
By 2035, the task force has said it would like the dead zone’s five-year average to measure 1,900 square miles, which is still 200 square miles less than this year’s unusually small dead zone.
Mike Naig of the Iowa Department of Agriculture and Land Stewardship, who co-chairs the task force, said during the teleconference that the dead zone is part of a natural flow and changes size from year to year.
Even while the size of the dead zone fluctuates each year, Naig said “each state in the task force is committed to and has committed funding to address” the issue of nutrient runoff.
Naig said his work as part of the task force in his state involves “empowering people to enjoy economic prosperity up and down the river” while also learning to conserve water and when to use fertilizer. He said improvements made now may take years to show an impact on the dead zone.
Environmental advocacy groups, headed by New Orleans-based Gulf Restoration Network, filed a petition in 2008 asking the Environmental Protection Agency to institute nutrient runoff standards for states along the Mississippi.
The EPA denied the petition three years later, saying that while agrees that “nutrient loadings to the Mississippi River and its tributaries are both harming upstream water quality and contributing significantly to hypoxia … in the Gulf of Mexico,” it “does not believe that the comprehensive use of federal rulemaking authority is the most effective or practical means of addressing these concerns at this time.”
An EPA spokesman said Tuesday that making slow and steady progress in agricultural practices from state to state that is voluntary, rather than forced, will have a longer lasting impact on diminishing the size of the dead zone.
“There is a reason that we set the goal for 2035. We will watch the global trend overtime. If we rush, we will get disinvestment from the people we need to help us. If you lose the partnership at the local scale, you will not get the help you need at a global scale,” he said.


courthousenews--2020-08-04--Covid Ravaging the Central Valley, California’s New Virus Epicenter

VISALIA , Calif. ( CN ) — While California currently leads the nation in coronavirus cases — not unexpected with a population of 40 million — its Central Valley , the nation ’ s breadbasket , leads the state with outbreaks local health officials struggle to squelch .
While the Central Valley saw its first case on March 6 , the persistent surge in Covid-19 cases began after the Independence Day holiday , during which large numbers of people were observed gathering .
There are currently more than 36,000 active cases across the valley and 467 residents have died .
@ @ @ @ @ @ @ agriculture , manufacturing services and retail , so most of its residents don ’ t have the luxury of working from home .
Many of those fortunate enough to remain employed must work side-by-side in the fields , processing plants , warehouses , meatpacking plants and other similar facilities daily .
These jobs don ’ t generally allow for much physical distancing , and in the recent 100-degree heat many workers understandably choose to forgo a face mask .
Governor Gavin Newsom recently announced the state would deploy a Covid-19 “ strike team @ @ @ @ @ @ @ local needs and resource gaps , which arrived Monday in Fresno .
Similar teams were deployed in Imperial County after cases there flared in June and July , and made significant progress in reducing the growth of new cases there .
Local public health officials met with the team to discuss strategies and where best to deploy the state ’ s resources in a region where the growth rate of new cases is quickly outpacing the rest of California .
Dr. Rais Vohra , Fresno County ’ s interim health officer , said @ @ @ @ @ @ @ the state and said the experience the strike team gained in Imperial County should be invaluable .
“ They were able to really stabilize the multiple outbreaks that were going on there , ” said Vohra .
“ They learned a lot of lessons and now they ’ re deploying these similarly structured teams to the Central Valley.
” When asked why the virus has such a foothold in Central California , Vohra said people aren ’ t practicing social distancing .
“ More than anything , it ’ s really being passed @ @ @ @ @ @ @ really gatherings among households , small parties , maybe backyard functions that we know are happening , ” Vohra said .
“ All of that is really driving this transmission , and all of that has to stop right now even though that ’ s very hard to hear.
” Fresno County , with just under 1 million residents , has treated an average of nearly 300 people with Covid-19 in its hospitals over the past two weeks , up from fewer than 100 in early July .
And the virus is not @ @ @ @ @ @ @ Children ’ s Hospital in Fresno recently announced the first death of a child in the county due to complications from Covid-19 .
To the south in Tulare County , the picture looks worse .
There are currently 2,879 active cases in the county of about 450,000 and the death toll stands at 189 people , while 6,677 individuals who caught the virus have recovered .
Despite those recoveries , the rate of infection there is nearly six times higher than the state ’ s target goal of 100 cases per 100,000 residents @ @ @ @ @ @ @ be traced to essential workers in the Latino community .
Lali Moheno organizes the Farmworker Women ’ s Conference on Health , Safety , Employment , Education and Environment in Visalia , a conference targeted at health issues confronting female farmworkers .
She said rural communities have been particularly hard-hit by the virus .
“ The number one factor is fear , ” Moheno said .
“ Fear of losing their jobs , infecting their children and spouse , fear of medical attention as they do not have the funds for treatment if @ @ @ @ @ @ @ not eligible for some services .
They are receiving food services .
Workers have been reduced to comply with social distancing in the fields .
Others are now home sick .
Yesterday , I talked to workers who think they are infected and have refused to be tested or to receive medical treatment due their immigration status.
” The state recently deployed $ 52 million in federal funding for disease investigation , contact tracing and quarantine efforts in the Central San Joaquin Valley .
Philanthropists chipped in an additional $ 6.5 million to @ @ @ @ @ @ @ residents find food and keep a roof over their heads .
According to Dr. Andrew Noymer , associate professor of population health and disease prevention at the University of Irvine , the local statistics appear more dire by the week .
“ I ’ ve been noticing there ’ s a sort of alarming increase in mortality in the valley , ” he said in a telephone interview .
“ The valley counties are kind of climbing up the list .
But also , testing numbers influence the number of positive tests .
@ @ @ @ @ @ @ the number of positives also go down.
” He added : “ Mortality statistics are more reliable indicators than case counts .
Deaths are a lagging indicator ; even if everyone started masking up like crazy right away , I would still expect things to get a little worse before they get better.
” The scene in downtown Visalia doesn ’ t appear much different than in its pre-pandemic days , with the exception of the “ Mask Required ” sign hanging in nearly every window and the occasional masked cyclist passing by @ @ @ @ @ @ @ around without protective gear , though many of them did appear to acquiesce and don a mask before entering shops .
“ I wear a mask in public when required for work or if businesses require one to enter , ” said resident Brandon Calemmo before slipping into a downtown diner .
“ I understand that it ’ s not the employees ’ fault for the mask requirements and as someone who works in retail , I try my best to empathize with employees being required to enforce regulations.
” Anthony DeFilippo , @ @ @ @ @ @ @ ’ s not an epidemiologist when asked about his mask-wearing habits , and deferred to expert judgment .
“ The whole family does , because I don ’ t know enough to be able to say this is a scam or should I take precautions , ” he said .
“ So , we take all the steps to protect ourselves .
At the end of the day , whether it will kill you or not , I don ’ t like being sick .
”

Covid Ravaging the Central Valley, California’s New Virus Epicenter
VISALIA, Calif. (CN) — While California currently leads the nation in coronavirus cases — not unexpected with a population of 40 million — its Central Valley, the nation’s breadbasket, leads the state with outbreaks local health officials struggle to squelch.
While the Central Valley saw its first case on March 6, the persistent surge in Covid-19 cases began after the Independence Day holiday, during which large numbers of people were observed gathering. There are currently more than 36,000 active cases across the valley and 467 residents have died.
Locals having lunch in Visalia, Calif. (Courthouse News photo / Dustin Manduffie)
The Central Valley is largely dominated by agriculture, manufacturing services and retail, so most of its residents don’t have the luxury of working from home. Many of those fortunate enough to remain employed must work side-by-side in the fields, processing plants, warehouses, meatpacking plants and other similar facilities daily. These jobs don’t generally allow for much physical distancing, and in the recent 100-degree heat many workers understandably choose to forgo a face mask.
Governor Gavin Newsom recently announced the state would deploy a Covid-19 “strike team” to the area to begin assessing local needs and resource gaps, which arrived Monday in Fresno. Similar teams were deployed in Imperial County after cases there flared in June and July, and made significant progress in reducing the growth of new cases there.
Local public health officials met with the team to discuss strategies and where best to deploy the state’s resources in a region where the growth rate of new cases is quickly outpacing the rest of California. Dr. Rais Vohra, Fresno County’s interim health officer, said he welcomed any additional help provided by the state and said the experience the strike team gained in Imperial County should be invaluable.
“They were able to really stabilize the multiple outbreaks that were going on there,” said Vohra. “They learned a lot of lessons and now they’re deploying these similarly structured teams to the Central Valley.”
When asked why the virus has such a foothold in Central California, Vohra said people aren’t practicing social distancing.
“More than anything, it’s really being passed along in households. It’s really gatherings among households, small parties, maybe backyard functions that we know are happening,” Vohra said. “All of that is really driving this transmission, and all of that has to stop right now even though that’s very hard to hear.”
Fresno County, with just under 1 million residents, has treated an average of nearly 300 people with Covid-19 in its hospitals over the past two weeks, up from fewer than 100 in early July. And the virus is not confined to adults: Officials at Valley Children’s Hospital in Fresno recently announced the first death of a child in the county due to complications from Covid-19.
To the south in Tulare County, the picture looks worse. There are currently 2,879 active cases in the county of about 450,000 and the death toll stands at 189 people, while 6,677 individuals who caught the virus have recovered. Despite those recoveries, the rate of infection there is nearly six times higher than the state’s target goal of 100 cases per 100,000 residents. Over half of those infections can be traced to essential workers in the Latino community.
Lali Moheno organizes the Farmworker Women’s Conference on Health, Safety, Employment, Education and Environment in Visalia, a conference targeted at health issues confronting female farmworkers. She said rural communities have been particularly hard-hit by the virus.
“The number one factor is fear,” Moheno said. “Fear of losing their jobs, infecting their children and spouse, fear of medical attention as they do not have the funds for treatment if they are undocumented. The undocumented are not eligible for some services. They are receiving food services. Workers have been reduced to comply with social distancing in the fields. Others are now home sick. Yesterday, I talked to workers who think they are infected and have refused to be tested or to receive medical treatment due their immigration status.”
The state recently deployed $52 million in federal funding for disease investigation, contact tracing and quarantine efforts in the Central San Joaquin Valley. Philanthropists chipped in an additional $6.5 million to assist the valley’s most vulnerable residents find food and keep a roof over their heads.
According to Dr. Andrew Noymer, associate professor of population health and disease prevention at the University of Irvine, the local statistics appear more dire by the week.
“I’ve been noticing there’s a sort of alarming increase in mortality in the valley,” he said in a telephone interview. “The valley counties are kind of climbing up the list. But also, testing numbers influence the number of positive tests. If the number of tests go down the number of positives also go down.”
He added: “Mortality statistics are more reliable indicators than case counts. Deaths are a lagging indicator; even if everyone started masking up like crazy right away, I would still expect things to get a little worse before they get better.”
The scene in downtown Visalia doesn’t appear much different than in its pre-pandemic days, with the exception of the “Mask Required” sign hanging in nearly every window and the occasional masked cyclist passing by. Around 80% were seen walking around without protective gear, though many of them did appear to acquiesce and don a mask before entering shops.
“I wear a mask in public when required for work or if businesses require one to enter,” said resident Brandon Calemmo before slipping into a downtown diner. “I understand that it’s not the employees’ fault for the mask requirements and as someone who works in retail, I try my best to empathize with employees being required to enforce regulations.”
Anthony DeFilippo, another Visalia resident, noted that he’s not an epidemiologist when asked about his mask-wearing habits, and deferred to expert judgment.
“The whole family does, because I don’t know enough to be able to say this is a scam or should I take precautions,” he said. “So, we take all the steps to protect ourselves. At the end of the day, whether it will kill you or not, I don’t like being sick.”


courthousenews--2020-08-04--No Rehearing in Appeal Over Big Oil’s Liability for Climate Change

SAN FRANCISCO ( CN ) — The Ninth Circuit on Tuesday refused to reconsider a thorny jurisdictional issue that could allow the world ’ s largest energy companies to be held liable for climate change in state court .
The Ninth Circuit denied a request for an en banc rehearing in three lawsuits brought by two California counties and one city claiming the fuel companies created a public nuisance by hiding for nearly 50 years that fossil fuel production was heating and damaging the earth .
San Mateo County , Marin County and the city of Imperial Beach in San @ @ @ @ @ @ @ three dozen other oil , gas and coal companies in state court in July 2017 .
After the cases were removed to federal court , the local governments fought to remand them back to state court , arguing state law claims of public nuisance should be decided by California ’ s judicial system .
The energy giants objected , insisting the claims are governed by federal law because they implicate “ uniquely federal interests , ” including matters of interstate and international commerce and environmental policy .
In March 2018 , U.S. District @ @ @ @ @ @ @ remand the cases to state court , finding a state court should decide if the state law public nuisance claims are preempted by federal law .
In May , a unanimous three-judge Ninth Circuit panel upheld Chhabria ’ s ruling , finding the federal court lacks jurisdiction to consider state law claims .
Writing for the majority , U.S .
Circuit Judge Sandra Ikuta , a George W. Bush appointee , rejected the oil companies ’ argument that because they provided fuel to the U.S. government through service contracts , they were “ @ @ @ @ @ @ @ s directions .
“ A person is not ‘ acting under ’ a federal officer when the person enters into an arm ’ s-length business arrangement with the federal government or supplies it with widely available commercial products or services , ” Ikuta wrote .
Last month , the energy companies petitioned for an en banc rehearing .
On Tuesday , the three-judge panel unanimously rejected that request , and no active circuit judge in the appeals court asked for a vote on the petition for an en banc rehearing .
In an @ @ @ @ @ @ @ Washington applauded the appeals court ’ s decision and said the county looks forward to advancing the case to trial in state court .
“ The 9th Circuit has unanimously ruled – again – that Marin County ’ s lawsuit to hold fossil fuel companies accountable for climate change related damages belongs in state court where it was originally filed , ” Washington said .
Chevron spokesman Sean Comey , Chevron attorney Theodore Boutros Jr. , and officials with San Mateo County and the city of Imperial Beach did not immediately respond to @ @ @ @ @ @ @ .
The same Ninth Circuit panel is still mulling a request for an en banc rehearing in separate appeal involving two lawsuits brought by the cities of San Francisco and Oakland , California , against the world ’ s five largest oil companies : BP , Chevron , ConocoPhillips , ExxonMobil and Royal Dutch Shell .
In that case , the panel found U.S. District Judge William Alsup lacked jurisdiction when he dismissed the two lawsuits seeking to make oil and gas giants cover the cost of sea walls and other projects to @ @ @ @ @ @ @ and other consequences of climate change .
In May , the panel rejected the oil companies ’ argument that state law public nuisance claims are preempted by the federal Clean Air Act and found the companies ’ liability under state law “ fails to raise a substantial federal question ” that would justify federal court jurisdiction .
In June , Judge Alsup wrote a letter asking the panel to “ correct a mistake ” in its May 26 opinion .
Alsup said the panel had been “ led astray ” by the cities @ @ @ @ @ @ @ he relied on admiralty jurisdiction to keep the lawsuits in federal court .
The panel held that the admiralty jurisdiction argument was waived because the oil companies did not include it in their notices of removal to federal court .
“ Even if the Energy Companies could and did waive admiralty jurisdiction as a ground for removal , the district court did not sustain removal under ( and did not mention ) admiralty jurisdiction , ” Alsup wrote .
“ Rather , the district court found the complaints ’ necessary dependence on the @ @ @ @ @ @ @ alleged nuisance raised a federal question based in federal common law , grounds expressly stated in the notices of removal.
” The cities replied in a July 7 letter that “ no mistake ” was made , but they proposed a correction to clarify that although Judge Alsup considered the “ navigable waters of the United States ” theory as an “ instrumentality ” of the public nuisance claim , the argument still fails and was waived because the oil companies failed to invoke it in their notices of removal .
In July @ @ @ @ @ @ @ filed an amicus brief in the case arguing the appeals court should not remand a case to state court after it ’ s been dismissed in federal court because it would enable a “ wasteful do-over ” in state court .
“ The rule creates a heads-I-win , tails-you-lose situation : If the plaintiffs won their case ‘ on the merits in federal court [ they ] could claim to have raised the federal question in [ their ] amended complaint voluntarily , ’ but having lost , they could claim that it @ @ @ @ @ @ @ so they are ‘ entitled to start over in state court , ’ ” the Chamber wrote in a 20-page brief , citing the Seventh Circuit ’ s 1984 ruling in Bernstein v. Lind-Waldock & Co. On Monday , the Justice Department also weighed in , arguing claims against oil companies for climate change should stay in federal court because they are “ necessarily federal in character ” and could substantially affect interstate and foreign commerce .
“ If successful , these claims would , in practice , impose a tax on fossil-fuel @ @ @ @ @ @ @ — but to the sole benefit of these cities for an alleged harm shared by many , ” the United States wrote in a 17-page brief .
The Ninth Circuit has not indicated when it will rule on the request for an en banc rehearing in the two lawsuits brought by San Francisco and Oakland .

The Ninth Circuit on Tuesday refused to reconsider a thorny jurisdictional issue that could allow the world’s largest energy companies to be held liable for climate change in state court.
SAN FRANCISCO (CN) — The Ninth Circuit on Tuesday refused to reconsider a thorny jurisdictional issue that could allow the world’s largest energy companies to be held liable for climate change in state court.
The Ninth Circuit denied a request for an en banc rehearing in three lawsuits brought by two California counties and one city claiming the fuel companies created a public nuisance by hiding for nearly 50 years that fossil fuel production was heating and damaging the earth.
San Mateo County, Marin County and the city of Imperial Beach in San Diego County sued Chevron, ExxonMobil and three dozen other oil, gas and coal companies in state court in July 2017. After the cases were removed to federal court, the local governments fought to remand them back to state court, arguing state law claims of public nuisance should be decided by California’s judicial system.
The energy giants objected, insisting the claims are governed by federal law because they implicate “uniquely federal interests,” including matters of interstate and international commerce and environmental policy.
In March 2018, U.S. District Judge Vince Chhabria remanded the cases, finding a state court should decide if the state-law public-nuisance claims are pre-empted by federal law.
In May, a unanimous three-judge Ninth Circuit panel upheld Chhabria’s ruling, finding the federal court lacks jurisdiction to consider state law claims. Writing for the majority, U.S. Circuit Judge Sandra Ikuta, a George W. Bush appointee, rejected the oil companies’ argument that because they provided fuel to the U.S. government through service contracts, they were “acting under” a federal officer’s directions.
“A person is not ‘acting under’ a federal officer when the person enters into an arm’s-length business arrangement with the federal government or supplies it with widely available commercial products or services,” Ikuta wrote.
Last month, the energy companies petitioned for an en banc rehearing. On Tuesday, the three-judge panel unanimously rejected that request, and no active circuit judge in the appeals court asked for a vote on the petition for an en banc rehearing.
In an emailed statement, Marin County Counsel Brian Washington applauded the appeals court’s decision and said the county looks forward to advancing the case to trial in state court.
“The 9th Circuit has unanimously ruled – again – that Marin County’s lawsuit to hold fossil fuel companies accountable for climate change related damages belongs in state court where it was originally filed,” Washington said.
Chevron spokesman Sean Comey, Chevron attorney Theodore Boutros Jr., and officials with San Mateo County and the city of Imperial Beach did not immediately respond to emails and phone calls requesting comment Tuesday.
The same Ninth Circuit panel is still mulling a request for an en banc rehearing in separate appeal involving two lawsuits brought by the cities of San Francisco and Oakland, California, against the world’s five largest oil companies: BP, Chevron, ConocoPhillips, ExxonMobil and Royal Dutch Shell.
In that case, the panel found U.S. District Judge William Alsup lacked jurisdiction when he dismissed the two lawsuits seeking to make oil and gas giants cover the cost of sea walls and other projects to protect the cities from rising sea levels and other consequences of climate change.
In May, the panel rejected the oil companies’ argument that state law public nuisance claims are preempted by the federal Clean Air Act and found the companies’ liability under state law “fails to raise a substantial federal question” that would justify federal court jurisdiction.
In June, Judge Alsup wrote a letter asking the panel to “correct a mistake” in its May 26 opinion. Alsup said the panel had been “led astray” by the cities’ legal teams and incorrectly concluded that he relied on admiralty jurisdiction to keep the lawsuits in federal court. The panel held that the admiralty jurisdiction argument was waived because the oil companies did not include it in their notices of removal to federal court.
“Even if the Energy Companies could and did waive admiralty jurisdiction as a ground for removal, the district court did not sustain removal under (and did not mention) admiralty jurisdiction,” Alsup wrote. “Rather, the district court found the complaints' necessary dependence on the navigable waters as the instrumentality of the alleged nuisance raised a federal question based in federal common law, grounds expressly stated in the notices of removal.”
The cities replied in a July 7 letter that “no mistake” was made, but they proposed a correction to clarify that although Judge Alsup considered the “navigable waters of the United States” theory as an “instrumentality” of the public nuisance claim, the argument still fails and was waived because the oil companies failed to invoke it in their notices of removal.
In July, the U.S. Chamber of Commerce also filed an amicus brief in the case arguing the appeals court should not remand a case to state court after it’s been dismissed in federal court because it would enable a “wasteful do-over” in state court.
“The rule creates a heads-I-win, tails-you-lose situation: If the plaintiffs won their case ‘on the merits in federal court [they] could claim to have raised the federal question in [their] amended complaint voluntarily,’ but having lost, they could claim that it never should have been in federal court so they are ‘entitled to start over in state court,’” the Chamber wrote in a 20-page brief, citing the Seventh Circuit’s 1984 ruling in Bernstein v. Lind-Waldock & Co.
On Monday, the Justice Department also weighed in, arguing claims against oil companies for climate change should stay in federal court because they are “necessarily federal in character” and could substantially affect interstate and foreign commerce.
“If successful, these claims would, in practice, impose a tax on fossil-fuel production and use nationwide and potentially worldwide — but to the sole benefit of these cities for an alleged harm shared by many,” the United States wrote in a 17-page brief.
The Ninth Circuit denied the request for an en banc rehearing in the two lawsuits brought by San Francisco and Oakland in an order and amended opinion on Aug. 12.


Top Eight

Your Tuesday night briefing from the staff of Courthouse News Top eight CNS stories for today including President Donald Trump signed legislation that pumps billions into long-neglected national parks ; Voters in Missouri and Arizona braved the Covid-19 threat to cast ballots in primary elections ; The governors of six states announced a deal to buy 3 million coronavirus tests , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your email Monday through Friday .
1 . )
President Donald Trump signed legislation Tuesday that pumps @ @ @ @ @ @ @ up a decades-old fund with revenue generated from offshore oil and gas drilling .
2 . )
Voters fearing Covid-19 will be reluctant to enter polling places in just 90 days , but experts warned Congress on Tuesday that vote-by-mail systems are underfunded and overburdened with the countdown on to November ’ s election .
3 . )
Supreme Court justices do not face term limits , but experts participating in an online panel Tuesday said the reasons for ending the practice are mounting .
4 . )
A survey released Tuesday shows @ @ @ @ @ @ @ is declining even though they still see the institution as invaluable to democracy , indicating growing skepticism toward what many see as journalists straying from objectivity in the internet age .
5 . )
As surging infection rates heighten anxiety over the virus , testing providers have shown trouble meeting testing demands .
Finding strength in numbers , however , the governors of six states announced a deal Tuesday to buy 3 million tests .
6 . )
Missouri voters , clad in masks and equipped with hand sanitizer , braved the Covid-19 @ @ @ @ @ @ @ state ’ s primary election .
7 . )
With social distancing and extra cleaning in place to protect against the spread of Covid-19 , Arizona voters went to the polls Tuesday in a primary that could help swing the U.S. Senate into the Democrats ’ fold .
8 . )
New York City Health Commissioner Oxiris Barbot resigned Tuesday , but it was unclear whether she was forced out or quit in protest over the way Mayor Bill de Blasio has handled the pandemic .

Top eight CNS stories for today including President Donald Trump signed legislation that pumps billions into long-neglected national parks; Voters in Missouri and Arizona braved the Covid-19 threat to cast ballots in primary elections; The governors of six states announced a deal to buy 3 million coronavirus tests, and more.
Your Tuesday night briefing from the staff of Courthouse News
Top eight CNS stories for today including President Donald Trump signed legislation that pumps billions into long-neglected national parks; Voters in Missouri and Arizona braved the Covid-19 threat to cast ballots in primary elections; The governors of six states announced a deal to buy 3 million coronavirus tests, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) President Donald Trump signed legislation Tuesday that pumps billions into long-neglected national parks and props up a decades-old fund with revenue generated from offshore oil and gas drilling.
President Donald Trump signs the H.R. 1957 – "The Great American Outdoors Act," in the East Room of the White House, Tuesday, Aug. 4, 2020, in Washington. (AP Photo/Alex Brandon)
2.) Voters fearing Covid-19 will be reluctant to enter polling places in just 90 days, but experts warned Congress on Tuesday that vote-by-mail systems are underfunded and overburdened with the countdown on to November’s election.
FILE - In this May 27, 2020, file photo, a voter drops off their mail-in ballot prior to the primary election, in Willow Grove, Pa. The civic ritual of casting a ballot has been disrupted by a global pandemic and dramatically animated by social unrest. And If the results of a frustrating, chaotic primary in Georgia are a measure, the notion of democracy itself will also be on the ballot in the November election. Congress is now considering sending $3.6 billion to states to help facilitate safe and fair elections as part of another round of relief funds to recover from the coronavirus pandemic. (AP Photo/Matt Rourke, File)
3.) Supreme Court justices do not face term limits, but experts participating in an online panel Tuesday said the reasons for ending the practice are mounting.
FILE - In this Nov. 30, 2018, file photo, the justices of the U.S. Supreme Court gather for a formal group portrait to include a new Associate Justice, top row, far right, at the Supreme Court Building in Washington. Seated from left: Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Chief Justice of the United States John G. Roberts, Associate Justice Ruth Bader Ginsburg and Associate Justice Samuel Alito Jr. Standing behind from left: Associate Justice Neil Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan and Associate Justice Brett M. Kavanaugh. (AP Photo/J. Scott Applewhite, File)
4.) A survey released Tuesday shows Americans’ trust of the news media is declining even though they still see the institution as invaluable to democracy, indicating growing skepticism toward what many see as journalists straying from objectivity in the internet age.
The New York Times building is shown on Oct. 21, 2009, in New York. (AP Photo/Mark Lennihan)
5.) As surging infection rates heighten anxiety over the virus, testing providers have shown trouble meeting testing demands. Finding strength in numbers, however, the governors of six states announced a deal Tuesday to buy 3 million tests.
People line up at a mobile Coronavirus testing site at the Charles Drew University of Medicine and Science Wednesday, July 22, 2020, in Los Angeles. California's confirmed coronavirus cases have topped 409,000, surpassing New York for most in the nation. (AP Photo/Marcio Jose Sanchez)
Regional
6.) Missouri voters, clad in masks and equipped with hand sanitizer, braved the Covid-19 threat Tuesday to cast ballots in the state’s primary election.
Signs are seen at a polling place in Imperial, Mo., on Tuesday, Aug. 4, 2020. (Courthouse News photo/Joe Harris)
7.) With social distancing and extra cleaning in place to protect against the spread of Covid-19, Arizona voters went to the polls Tuesday in a primary that could help swing the U.S. Senate into the Democrats’ fold.
A polling place in Tucson, Ariz. (Brad Poole/Courthouse News)
8.) New York City Health Commissioner Oxiris Barbot resigned Tuesday, but it was unclear whether she was forced out or quit in protest over the way Mayor Bill de Blasio has handled the pandemic.


courthousenews--2020-08-05--Arizona Primary Sets Up Fight for McCain’s Senate Seat

TUCSON , Ariz. ( CN ) — Arizona Senator Martha McSally trounced primary opponent Daniel McCarthy on Tuesday , setting up a November showdown between a former astronaut and America ’ s first female combat pilot .
With 21 % of precincts reporting and a 78 % to 22 % lead at 9:30 p.m. , McSally claimed victory in a statement on her campaign website .
She will face former space shuttle commander and retired Navy pilot Mark Kelly in the general election in a state that many consider a likely gain for Democrats .
“ Over the last three @ @ @ @ @ @ @ record economic growth , rebuilt our military , and finally began to hold China accountable for years of ripping off American workers , ” McSally said .
Kelly ’ s first vote would be to put New York Senator Chuck Schumer in charge of the Senate , ushering in an era of higher taxes , government health care and letting China take advantage of the U.S. , she said .
“ The more voters learn about this radical agenda over the next 90 days , the more they will continue to reject it @ @ @ @ @ @ @ , a wealthy real estate investor and co-creator of the popular Makeup Eraser , an environmentally friendly makeup cloth sold at Sephora , had not yet issued a statement by 9:30 p.m. Kelly , who is married to retired U.S. Representative Gabby Giffords , ran unopposed in Tuesday ’ s primary .
The Senate primary is a special election to fill the remaining two years of Senator John McCain ’ s seat .
McCain died in 2018 , and Governor Doug Ducey appointed McSally to the seat until this year ’ s election @ @ @ @ @ @ @ a pest control technician in Tucson .
He pulled a Democratic ballot on Tuesday , mainly to seek change , not to support a particular candidate , he said after casting his vote for Kelly in person .
“ It ’ s hard to say whether Republicans or Democrats are right , because they both have their fair share of good thoughts , but I ’ m just tired of all the lying , ” said Valenzuela .
“ We need leaders who are going to keep their word and not get swayed @ @ @ @ @ @ @ t sure if Democrats will do much better than Republicans in the White House or Senate , but he thinks a blue wave is coming in November .
He sat out the 2016 election because he didn ’ t like Hillary Clinton or Donald Trump .
He doesn ’ t like former Vice-President Joe Biden much .
“ I wasn ’ t going to vote for either , but then if I don ’ t vote , it ’ s another four years of Trump .
I don ’ t want that , @ @ @ @ @ @ @ up with both parties .
“ People are tired of everybody playing games and holding each other hostage , ” Valenzuela said .
“ I ’ m not saying just Republicans .
Democrats do the same thing .
‘ We aren ’ t going to pass this bill until you give us this.
’ ” He wants leaders who keep the focus on regular people “ who are making America great , ” not on donors .
“ I just don ’ t know if we have anybody , ” he said .
@ @ @ @ @ @ @ a Democratic ballot Tuesday , mainly because of local races .
She isn ’ t sure who she will vote for in the November Senate election .
“ To me , it doesn ’ t make a lot of difference , because any changes that come are probably going to depend on the president , ” she said .
“ I don ’ t see Congress as being tremendously helpful .
To be honest , they spend so much time trying to one-up each other that it ’ s boring , so I @ @ @ @ @ @ @ of attention.
” Republican voters approached for comment on Tuesday declined to be interviewed .
Tuesday ’ s Senate primary is the latest twist in Arizona ’ s Senate representation .
Ducey appointed McSally to succeed Senator Jon Kyl , who was appointed after McCain died .
Kyl then stepped down , clearing the way for McSally after she lost a 2018 race for Arizona ’ s other Senate seat to Democrat Kyrsten Sinema .
The winner of the November special election will serve the remainder of McCain ’ s term , which @ @ @ @ @ @ @ weeks have shown Kelly leading McSally by varying percentages .
If he wins , it would be the first time in more than 60 years Arizona had two Democratic senators .
A July 14 poll by the Phoenix polling firm OH Predictive Insights showed 52 % of likely voters planned to support the former astronaut while 43 % back McSally .
A May poll had Kelly leading by 12 percentage points , OH said .
The July poll showed just 4 in 5 Republicans support the incumbent , an ardent supporter of President @ @ @ @ @ @ @ Kelly , who was a registered Republican until shortly after Giffords was shot .
Kelly meanwhile has the support of 90 % of Democrats , the monthly poll showed .
Arizona ’ s 3.9 million registered voters are split fairly evenly among Republicans ( 35 % ) , Democrats ( 32 % ) and independents ( 32 % ) , according to the Secretary of State ’ s Office .
“ The formula for a Republican winning statewide office in Arizona involves locking up the GOP vote and garnering just enough independents , @ @ @ @ @ @ @ Research .
“ Senator McSally appears to be having a difficult time doing either.
” Kelly was leading in that poll by a 2-to-1 margin in the blue island of Pima County , where roughly 1 million people live , and was leading by 12 % in Maricopa County , a conservative stronghold home to 4.5 million of the state ’ s 7.3 million people .
Controversial former Maricopa County Sheriff Joe Arpaio was making a strong showing in his Republican primary Tuesday .
Arpaio was trailing Jerry Sheridan – his former chief @ @ @ @ @ @ @ of more than 331,000 counted .
Turnout in Maricopa County was at 42 % , according to the Maricopa County Recorder ’ s Office .
Statewide turnout was at 27 % , the secretary of state ’ s office reported .

Early Arizona primary results show U.S. Senator Martha McSally trouncing her primary opponent, wealthy real estate investor Daniel McCarthy, in a race to decide who will replace Senator John McCain, who died in office in 2018.
TUCSON, Ariz. (CN) — Arizona Senator Martha McSally trounced primary opponent Daniel McCarthy on Tuesday, setting up a November showdown between a former astronaut and America’s first female combat pilot.
With 21% of precincts reporting and a 78% to 22% lead at 9:30 p.m., McSally claimed victory in a statement on her campaign website. She will face former space shuttle commander and retired Navy pilot Mark Kelly in the general election in a state that many consider a likely gain for Democrats.
“Over the last three years, Republican leadership and policies unleashed record economic growth, rebuilt our military, and finally began to hold China accountable for years of ripping off American workers,” McSally said.
Kelly’s first vote would be to put New York Senator Chuck Schumer in charge of the Senate, ushering in an era of higher taxes, government health care and letting China take advantage of the U.S., she said.
“The more voters learn about this radical agenda over the next 90 days, the more they will continue to reject it,” McSally said.
Her opponent, a wealthy real estate investor and co-creator of the popular Makeup Eraser, an environmentally friendly makeup cloth sold at Sephora, had not yet issued a statement by 9:30 p.m.
Kelly, who is married to retired U.S. Representative Gabby Giffords, ran unopposed in Tuesday’s primary.
The Senate primary is a special election to fill the remaining two years of Senator John McCain’s seat. McCain died in 2018, and Governor Doug Ducey appointed McSally to the seat until this year’s election.
Jerry Valenzuela, 44, is a pest control technician in Tucson. He pulled a Democratic ballot on Tuesday, mainly to seek change, not to support a particular candidate, he said after casting his vote for Kelly in person.
“It’s hard to say whether Republicans or Democrats are right, because they both have their fair share of good thoughts, but I’m just tired of all the lying,” said Valenzuela. “We need leaders who are going to keep their word and not get swayed by either party.”
Valenzuela isn’t sure if Democrats will do much better than Republicans in the White House or Senate, but he thinks a blue wave is coming in November. He sat out the 2016 election because he didn’t like Hillary Clinton or Donald Trump. He doesn’t like former Vice-President Joe Biden much.
“I wasn’t going to vote for either, but then if I don’t vote, it’s another four years of Trump. I don’t want that,” he said.
Valenzuela is fed up with both parties.
“People are tired of everybody playing games and holding each other hostage,” Valenzuela said. “I’m not saying just Republicans. Democrats do the same thing. ‘We aren’t going to pass this bill until you give us this.’”
He wants leaders who keep the focus on regular people “who are making America great,” not on donors.
“I just don’t know if we have anybody,” he said.
Charlyn Newman, 70, also pulled a Democratic ballot Tuesday, mainly because of local races. She isn’t sure who she will vote for in the November Senate election.
“To me, it doesn’t make a lot of difference, because any changes that come are probably going to depend on the president,” she said. “I don’t see Congress as being tremendously helpful. To be honest, they spend so much time trying to one-up each other that it’s boring, so I don’t really pay a lot of attention.”
Republican voters approached for comment on Tuesday declined to be interviewed.
Tuesday’s Senate primary is the latest twist in Arizona’s Senate representation.
Ducey appointed McSally to succeed Senator Jon Kyl, who was appointed after McCain died. Kyl then stepped down, clearing the way for McSally after she lost a 2018 race for Arizona’s other Senate seat to Democrat Kyrsten Sinema.
The winner of the November special election will serve the remainder of McCain’s term, which ends in 2022. Polls in recent weeks have shown Kelly leading McSally by varying percentages. If he wins, it would be the first time in more than 60 years Arizona had two Democratic senators.
A July 14 poll by the Phoenix polling firm OH Predictive Insights showed 52% of likely voters planned to support the former astronaut while 43% back McSally. A May poll had Kelly leading by 12 percentage points, OH said.
The July poll showed just 4 in 5 Republicans support the incumbent, an ardent supporter of President Donald Trump, while 12% support Kelly, who was a registered Republican until shortly after Giffords was shot. Kelly meanwhile has the support of 90% of Democrats, the monthly poll showed.
Arizona’s 3.9 million registered voters are split fairly evenly among Republicans (35%), Democrats (32%) and independents (32%), according to the Secretary of State’s Office.
“The formula for a Republican winning statewide office in Arizona involves locking up the GOP vote and garnering just enough independents,” said OH’s Chief of Research. “Senator McSally appears to be having a difficult time doing either.”
Kelly was leading in that poll by a 2-to-1 margin in the blue island of Pima County, where roughly 1 million people live, and was leading by 12% in Maricopa County, a conservative stronghold home to 4.5 million of the state’s 7.3 million people.
Controversial former Maricopa County Sheriff Joe Arpaio was making a strong showing in his Republican primary Tuesday. Arpaio was trailing Jerry Sheridan — his former chief deputy — by just 516 votes out of more than 331,000 counted.
Turnout in Maricopa County was at 42%, according to the Maricopa County Recorder’s Office. Statewide turnout was at 27%, the secretary of state’s office reported.


courthousenews--2020-08-05--Record Turnout Show Up for Michigan Primary

DETROIT ( CN ) — As a record number of Michigan citizens cast their votes Tuesday via absentee ballot to confirm their choices amid a continuing pandemic , the primary could work as a dry run for the November election .
The large number of absentee ballots was not based solely on Covid-19 .
In 2018 , Proposal 3 passed and allowed citizens to apply for the ballot without a compelling reason .
Michigan Secretary of State Jocelyn Benson , a Democrat , ran with the concept and in May sent out absentee applications to every registered voter in the @ @ @ @ @ @ @ months my administration has worked every day in concert with our local clerks and national experts to implement the state constitutional rights our voters enacted overwhelmingly in 2018 , ” Benson said .
“ I am hopeful that state lawmakers will similarly work to fulfill the will of our voters with needed statutory changes before November.
” In the race for a U.S. Senate seat , incumbent Gary Peters , D-Bloomfield Township , and Republican challenger John James were running unopposed .
With vote information coming in slowly , at 10:30 p.m. the @ @ @ @ @ @ @ for Peters and 13,533 for James .
In another race of interest , incumbent Rashida Tlaib , D-Mich. , faced off against Democrat Brenda Jones , a Detroit Councilwoman .
Tlaib was victorious by a slim margin in 2018 when she was elected to Michigan ’ s 13th District .
She , along with Ilhan Omar , D-Minn. , became the first Muslim women to serve in Congress .
Tlaib was also the first Muslim woman to serve in the Michigan House of Representatives .
Jones beat Tlaib in a special primary when @ @ @ @ @ @ @ lost to Tlaib in the primary for the regular election .
Tlaib then ran unopposed to win her seat .
With results trickling in at 10:00 p.m. , Tlaib held a 2-1 lead over Jones , 6,264 votes to 3,187 .
According to Secretary of State spokesman Jake Rollow , about 1.5 million absentee ballots have been returned from more than 2 million issued .
That number approaches the 2.2 million votes cast in the 2018 primary , the highest primary turnout on record in Michigan .
In the November 2016 election , @ @ @ @ @ @ @ Despite that preparation , the ballots mailed back by voters could not be opened until Election Day according to state laws .
Benson is convinced that delays are inevitable .
“ Right now our clerks… can not even open envelopes or arrange ballots for tabulation until the morning of Election Day , ” she said at a press conference last Wednesday .
“ All data suggests we are talking about at least one or two more days before we get the results.
” Benson and Democratic Governor Gretchen Whitmer sent out an email @ @ @ @ @ @ @ them to take a vacation day to help process ballots .
Rollow said that “ a couple hundred ” state employees signed up to work .
The workers began virtual training but may be required to do more extensive learning according to their jurisdiction .
City of Detroit Clerk Janice Winfey told the Detroit News that she received a notice from the U.S .
Postal Service that they could not guarantee all absentee ballots would be received by the Aug. 4 deadline and encouraged voters to drop their ballot off at designated locations @ @ @ @ @ @ @ late , your bills are late , ” Winfrey said .
“ If you have a ballot or are expecting a ballot , you need to drop it off at one of our vote centers , one of the two drop boxes .
The postmaster has guaranteed any that are found after Aug. 4 will be brought to us.
” Whitmer was hopeful with all the effort exerted by election workers .
“ I encourage Michiganders to cast their vote in the upcoming election , whether you drop your absentee ballot at your @ @ @ @ @ @ @ to vote safely in person on Tuesday , ” Whitmer said in a statement Monday .
“ I applaud Secretary Benson and our local clerks for the tireless , round-the-clock work to ensure Michiganders can vote safely as we continue to navigate the COVID-19 pandemic.
” Voters who chose to venture out to the polls were strongly encouraged to wear masks but were not bound by law to do so .
A few Detroit polling location openings were delayed and others were short-staffed due to last-minute cancellations among election workers , according to @ @ @ @ @ @ @ they deployed several workers to the locations , allowing them to open by 9 a.m .

As a record number of Michigan citizens cast their votes Tuesday via absentee ballot to confirm their choices amid a continuing pandemic, the primary could work as a dry run for the November election.
DETROIT (CN) — As a record number of Michigan citizens cast their votes Tuesday via absentee ballot to confirm their choices amid a continuing pandemic, the primary could work as a dry run for the November election.
The large number of absentee ballots was not based solely on Covid-19. In 2018, Proposal 3 passed and allowed citizens to apply for the ballot without a compelling reason. Michigan Secretary of State Jocelyn Benson, a Democrat, ran with the concept and in May sent out absentee applications to every registered voter in the state.
“For the last 19 months my administration has worked every day in concert with our local clerks and national experts to implement the state constitutional rights our voters enacted overwhelmingly in 2018,” Benson said. “I am hopeful that state lawmakers will similarly work to fulfill the will of our voters with needed statutory changes before November.”
In the race for a U.S. Senate seat, incumbent Gary Peters, D-Bloomfield Township, and Republican challenger John James were running unopposed. With vote information coming in slowly, at 10:30 p.m. the Secretary of State website reported 4,303 votes for Peters and 13,533 for James.
In another race of interest, incumbent Rashida Tlaib, D-Mich., faced off against Democrat Brenda Jones, a Detroit Councilwoman. Tlaib was victorious by a slim margin in 2018 when she was elected to Michigan’s 13th District.
She, along with Ilhan Omar, D-Minn., became the first Muslim women to serve in Congress. Tlaib was also the first Muslim woman to serve in the Michigan House of Representatives.
Jones beat Tlaib in a special primary when Democrat John Conyers died in 2019 but lost to Tlaib in the primary for the regular election. Tlaib then ran unopposed to win her seat.
With results trickling in at 10:00 p.m., Tlaib held a 2-1 lead over Jones, 6,264 votes to 3,187.
According to Secretary of State spokesman Jake Rollow, about 1.5 million absentee ballots have been returned from more than 2 million issued. That number approaches the 2.2 million votes cast in the 2018 primary, the highest primary turnout on record in Michigan. In the November 2016 election, 1.27 million absentee ballots were processed.
Despite that preparation, the ballots mailed back by voters could not be opened until Election Day according to state laws. Benson is convinced that delays are inevitable.
“Right now our clerks…cannot even open envelopes or arrange ballots for tabulation until the morning of Election Day,” she said at a press conference last Wednesday. “All data suggests we are talking about at least one or two more days before we get the results.”
Benson and Democratic Governor Gretchen Whitmer sent out an email last Thursday to state employees and encouraged them to take a vacation day to help process ballots.
Rollow said that "a couple hundred" state employees signed up to work. The workers began virtual training but may be required to do more extensive learning according to their jurisdiction.
City of Detroit Clerk Janice Winfey told the Detroit News that she received a notice from the U.S. Postal Service that they could not guarantee all absentee ballots would be received by the Aug. 4 deadline and encouraged voters to drop their ballot off at designated locations.
"Everyone's mail is late, your bills are late," Winfrey said. "If you have a ballot or are expecting a ballot, you need to drop it off at one of our vote centers, one of the two drop boxes. The postmaster has guaranteed any that are found after Aug. 4 will be brought to us."
Whitmer was hopeful with all the effort exerted by election workers.
“I encourage Michiganders to cast their vote in the upcoming election, whether you drop your absentee ballot at your local clerk’s office or decide to vote safely in person on Tuesday,” Whitmer said in a statement Monday. “I applaud Secretary Benson and our local clerks for the tireless, round-the-clock work to ensure Michiganders can vote safely as we continue to navigate the COVID-19 pandemic.”
Voters who chose to venture out to the polls were strongly encouraged to wear masks but were not bound by law to do so. A few Detroit polling location openings were delayed and others were short-staffed due to last-minute cancellations among election workers, according to Benson's office. In response they deployed several workers to the locations, allowing them to open by 9 a.m.