courthousenews--2020-10-01--Potty Training: NASA Tests New $23M Titanium Space Toilet

CAPE CANAVERAL , Fla. ( AP ) — NASA ’ s first new space potty in decades — a $ 23 million titanium toilet better suited for women — is getting a not-so-dry run at the International Space Station before eventually flying to the moon .
It ’ s packed inside a cargo ship set to blast off late Thursday from Wallops Island , Virginia .
Barely 100 pounds ( 45 kilograms ) and just 28 inches ( 71 centimeters ) tall , it ’ s roughly half as big as the two Russian-built toilets at the space station .
@ @ @ @ @ @ @ into the NASA Orion capsules that will carry astronauts to the moon in a few years .
Station residents will test it out for a few months .
If the shakedown goes well , the toilet will be open for regular business .
With SpaceX now launching astronauts to the space station and Boeing less than a year from sending up its first crew , more toilets are needed .
The new one will be in its own stall alongside the old one on the U.S. side of the outpost .
The old @ @ @ @ @ @ @ better accommodate women , NASA tilted the seat on the new toilet and made it taller .
The new shape should help astronauts position themselves better for No .
2 , said Johnson Space Center ’ s Melissa McKinley , the project manager .
“ Cleaning up a mess is a big deal .
We don ’ t want any misses or escapes , ” she said .
Let ’ s just say everything floats in weightlessness .
As for No .
1 , the funnels also have been redesigned .
Women can @ @ @ @ @ @ @ urinate while sitting on the commode to poop at the same time , McKinley said .
Until now , it ’ s been one or the other for female astronauts , she noted .
Like earlier space commodes , air suction , rather than water and gravity , removes the waste .
Urine collected by the new toilet will be routed into NASA ’ s long-standing recycling system to produce water for drinking and cooking .
Titanium and other tough alloys were chosen for the new toilet to withstand all the acid in @ @ @ @ @ @ @ bathroom in space may sound simple , but “ sometimes the simple things become very difficult ” without gravity , said NASA astronaut Mike Hopkins , commander of the second SpaceX crew , due to launch Oct. 31 from Kennedy Space Center .
While the old design isn ’ t that hard to use , subtle design changes can make all the difference for women , noted NASA astronaut Shannon Walker , a former space station resident who ’ s also on the next SpaceX crew .
“ Trust me , I ’ @ @ @ @ @ @ @ space down , because that is a vital , vital thing to know how to do , ” she told The Associated Press earlier this week .
The typical space station population will go from six to seven with the next SpaceX flight , and even more when non-professionals like tourists start showing up as early as next year .
Astronauts normally stay six months .
The last time NASA ordered up a new toilet was in the early 1990s to accommodate two-week space shuttle missions .
The agency contracted with Collins Aerospace @ @ @ @ @ @ @ company also worked on the shuttle potties .
Also in the 8,000-pound ( 3,600-kilogram ) shipment aboard Northrop Grumman ’ s Cygnus capsule : air tanks to make up for a slight space station leak , radish seeds for greenhouse growing and a cinematic 360-degree VR camera for you-are-there-spacewalk shots .
Perhaps the most unique payload : Estee Lauder ’ s newest wrinkle serum .
The cosmetics company is paying $ 128,000 for an out-of-this-world photo shoot , part of NASA ’ s push to open the final frontier to marketing , industry @ @ @ @ @ @ @ on perfumed aromas , though , to counter bathroom odors .
The serum is fragrance-free and the 10 bottles will remain sealed until returned to Earth early next year .

NASA's first new space potty in decades — a $23 million titanium toilet better suited for women — is getting a not-so-dry run at the International Space Station before eventually flying to the moon.
CAPE CANAVERAL, Fla. (AP) — NASA's first new space potty in decades — a $23 million titanium toilet better suited for women — is getting a not-so-dry run at the International Space Station before eventually flying to the moon.
It's packed inside a cargo ship set to blast off late Thursday from Wallops Island, Virginia.
Barely 100 pounds (45 kilograms) and just 28 inches (71 centimeters) tall, it's roughly half as big as the two Russian-built toilets at the space station. It's more camper-size to fit into the NASA Orion capsules that will carry astronauts to the moon in a few years.
Station residents will test it out for a few months. If the shakedown goes well, the toilet will be open for regular business.
With SpaceX now launching astronauts to the space station and Boeing less than a year from sending up its first crew, more toilets are needed. The new one will be in its own stall alongside the old one on the U.S. side of the outpost.
The old toilets cater more toward men. To better accommodate women, NASA tilted the seat on the new toilet and made it taller. The new shape should help astronauts position themselves better for No. 2, said Johnson Space Center's Melissa McKinley, the project manager.
"Cleaning up a mess is a big deal. We don't want any misses or escapes," she said.
Let's just say everything floats in weightlessness.
As for No. 1, the funnels also have been redesigned. Women can use the elongated and scooped-out funnels to urinate while sitting on the commode to poop at the same time, McKinley said. Until now, it's been one or the other for female astronauts, she noted.
Like earlier space commodes, air suction, rather than water and gravity, removes the waste. Urine collected by the new toilet will be routed into NASA's long-standing recycling system to produce water for drinking and cooking. Titanium and other tough alloys were chosen for the new toilet to withstand all the acid in the urine pretreatment.
Going to the bathroom in space may sound simple, but "sometimes the simple things become very difficult" without gravity, said NASA astronaut Mike Hopkins, commander of the second SpaceX crew, due to launch Oct. 31 from Kennedy Space Center.
While the old design isn't that hard to use, subtle design changes can make all the difference for women, noted NASA astronaut Shannon Walker, a former space station resident who's also on the next SpaceX crew.
"Trust me, I've got going to the bathroom in space down, because that is a vital, vital thing to know how to do," she told The Associated Press earlier this week.
The typical space station population will go from six to seven with the next SpaceX flight, and even more when non-professionals like tourists start showing up as early as next year. Astronauts normally stay six months.
The last time NASA ordered up a new toilet was in the early 1990s to accommodate two-week space shuttle missions. The agency contracted with Collins Aerospace to provide the latest model; the company also worked on the shuttle potties.
Also in the 8,000-pound (3,600-kilogram) shipment aboard Northrop Grumman's Cygnus capsule: air tanks to make up for a slight space station leak, radish seeds for greenhouse growing and a cinematic 360-degree VR camera for you-are-there-spacewalk shots.
Perhaps the most unique payload: Estee Lauder's newest wrinkle serum. The cosmetics company is paying $128,000 for an out-of-this-world photo shoot, part of NASA's push to open the final frontier to marketing, industry and tourism.
Don't count on perfumed aromas, though, to counter bathroom odors.
The serum is fragrance-free and the 10 bottles will remain sealed until returned to Earth early next year.
By MARCIA DUNN AP Aerospace Writer


Yoko Ono

MANHATTAN — Yoko Ono , the Japanese artist and wife of Beatle John Lennon , is suing in federal court @ @ @ @ @ the republishing of a book that features family photographs of Lennon , Ono and their @ @ @ @ @ photos are copyrighted .

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


Falling Glass

CINCINNATI — A federal judge denied class certification to Kia owners whose panoramic sunroofs spontaneously shattered , raining glass down @ @ @ @ @ driving .
Although the sunroofs all collapsed in similar fashion , the owners have not @ @ @ @ @ suffered from the same defect .


Flex Fuel Fail

DETROIT — A federal judge dismissed a consumer class action claiming General Motors ’ Flex Fuel vehicles , supposedly designed @ @ @ @ @ fuel , must be periodically filled with gasoline to prevent engine damage .
The consumer @ @ @ @ @ opportunity to address the problem before filing suit .


courthousenews--2020-10-02--Judge Advances False Advertising Suit Against Beer Maker

SACRAMENTO , Calif. ( CN ) — Advancing a class action false advertising lawsuit against Pabst Brewing Company , a federal judge on Thursday agreed drinkers may have been duped into buying Olympia beer due to an outdated and inaccurate slogan .
In a fight over the phrase “ It ’ s the Water ” that adorned Olympia cans for decades , a California man claims he bought the low-cost beer believing it was brewed with artesian spring water from picturesque Washington state .
After tossing back one of the American lagers , Brendan Peacock claims he was dismayed to @ @ @ @ @ @ @ in Los Angeles .
“ Drinking Olympia has been Plaintiff ’ s family tradition for many years and the story of the uniqueness and value of the artesian water has been passed down through oral tradition , ” one of his briefs stated .
Over two years after suing Pabst in federal court in Sacramento , Peacock ’ s batch is still brewing after U.S. District Judge Troy Nunley squashed the corporate brewer ’ s attempt to dismiss the case .
“ A reasonable consumer could construe the phrase ‘ It ’ s @ @ @ @ @ @ @ the can ’ s labeling as a whole — to suggest that Olympia Beer is brewed using water from the Olympia area , ” the ruling states .
At the heart of the brouhaha is the former and current source of the water used to fill Olympia ’ s gold cans .
Beginning in 1896 , Olympia was canned at a brewery near the banks of the Deschutes River in Tumwater , Washington .
The scenic setting inspired the beer ’ s original label featuring a walk bridge adorned with a horseshoe and @ @ @ @ @ @ @ Shortly after buying the rights to Olympia , Pabst in 2003 ditched the historic facility for several “ mega-breweries , ” including one in Irwindale , California .
Following the takeover , Pabst continued to sell Olympia cans made with California water under the original slogan .
Peacock , who settled a similar lawsuit in 2018 against San Francisco-based 21st Amendment Brewery Café , said he bought some Olympia while grocery shopping after being influenced by Facebook advertisements and the now-controversial slogan .
“ Had plaintiff known that defendant ’ s marketing messages @ @ @ @ @ @ @ purchased the beer , ” Peacock ’ s complaint states .
“ Plaintiff paid a price premium for the beer compared to other beer and related goods.
” “ Defendant traded on the reputation and quality that Plaintiff grew up hearing about and was advertised far and wide over the decades , ” he stated in a brief .
Whether Judge Nunley ultimately buys the argument that Peacock — who defines himself as a “ beer , and craft beer , consumer ” — was conned into buying beer that routinely sells for @ @ @ @ @ @ @ .
Regardless of where the dispute ends up , Peacock ’ s lawsuit has apparently spooked Pabst .
While the waterfall and horseshoe remain , Pabst ’ s website now features Olympia cans without the traditional slogan .
The site does however tout Olympia Artesian Vodka , described as being made with the “ use of natural artesian water , hand drawn in Tumwater.
” Pabst did not immediately respond to a media request late Thursday .
Nunley rejected the entirety of Pabst ’ s dismissal motion , finding that Peacock and the @ @ @ @ @ @ @ pleaded .
He gave Pabst 21 days to respond to the 11-page ruling .
“ Plaintiff alleges enough facts to draw a reasonable inference that a reasonable consumer would believe Olympia Beer is brewed with water from the Olympia area of Washington , ” Nunley concluded .

Advancing a class action false advertising lawsuit against Pabst Brewing Company, a federal judge on Thursday agreed drinkers may have been duped into buying Olympia beer due to an outdated and inaccurate slogan.
SACRAMENTO, Calif. (CN) — With enduring slogans like “It’s the Water” and “Since 1896”, it’s hard to blame drinkers for assuming Olympia beer came from mountain water like the tranquil river featured on the beer’s cans — and not California tap water.
Olympia beer's label in 1914. (By Olympia Brewing Company - http://brewerygems.com/images/1914%20Olympia%20label.jpg, Public Domain, Link)
At least that’s how a federal judge sees it.
“A reasonable consumer could construe the phrase ‘It’s the Water’ — when taken with the can’s labeling as a whole — to suggest that Olympia Beer is brewed using water from the Olympia area,” said U.S. District Judge Troy Nunley.
Advancing a class action false advertising lawsuit against Pabst Brewing Company, Nunley on Thursday agreed drinkers may have been duped into buying Olympia beer due to an outdated and inaccurate slogan.
In a fight over the phrase “It’s the Water” that adorned Olympia cans for decades, a California man claims he bought the low-cost beer believing it was brewed with artesian spring water from picturesque Washington state.
After tossing back one of the American lagers, Brendan Peacock claims he was dismayed to learn the beer was in fact brewed in Los Angeles.
“Drinking Olympia has been Plaintiff’s family tradition for many years and the story of the uniqueness and value of the artesian water has been passed down through oral tradition,” one of his briefs stated.
Over two years after suing Pabst in federal court in Sacramento, Peacock’s batch is still brewing after Judge Nunley squashed the corporate brewer’s attempt to dismiss the case.
At the heart of the brouhaha is the former and current source of the water used to fill Olympia’s gold cans.
Beginning in 1896, Olympia was canned at a brewery near the banks of the Deschutes River in Tumwater, Washington. The scenic setting inspired the beer’s original label featuring a waterfall, walk bridge and a horseshoe adorned with “It’s the Water.”
Shortly after buying the rights to Olympia, Pabst in 2003 ditched the historic facility for several “mega-breweries,” including one in the Los Angeles suburb of Irwindale. Following the takeover, Pabst continued to sell Olympia cans made with California water under the original slogan.
Peacock, who settled a similar lawsuit in 2018 against San Francisco-based 21st Amendment Brewery Café, said he bought some Olympia while grocery shopping after being influenced by Facebook advertisements and the now-controversial slogan.
“Had plaintiff known that defendant’s marketing messages were false, plaintiff would not have purchased the beer,” Peacock’s complaint states. “Plaintiff paid a price premium for the beer compared to other beer and related goods.”
“Defendant traded on the reputation and quality that Plaintiff grew up hearing about and was advertised far and wide over the decades,” he stated in a brief.
Whether Judge Nunley ultimately buys the argument that Peacock — who defines himself as a “beer, and craft beer, consumer” — was conned into buying beer that routinely sells for less than Budweiser remains to be seen. Regardless of how the dispute ends, Peacock’s lawsuit has apparently spooked Pabst.
While the waterfall and horseshoe remain, Pabst’s website now features Olympia cans without the traditional slogan. The site does, however, tout Olympia Artesian Vodka, described as being made with the “use of natural artesian water, hand-drawn in Tumwater.”
Pabst declined to comment, citing pending litigation.
Pabst tried to convince the judge “The Original” and “It’s the Water” used in its marketing were subjective, puffery phrases easily ignored by consumers. It also claimed Peacock’s complaint lacked specific details about how and which advertisements swayed his buying habits.
Nunley ultimately rejected the entirety of Pabst’s dismissal motion, finding that Peacock and the class’ argument was specific and adequately pleaded. He gave Pabst 21 days to respond to the 11-page ruling.
“Plaintiff alleges enough facts to draw a reasonable inference that a reasonable consumer would believe Olympia Beer is brewed with water from the Olympia area of Washington,” Nunley concluded.


courthousenews--2020-10-02--President, First Lady Test Positive for Coronavirus and Begin Quarantine

( CN ) — President Donald Trump and first lady Melania Trump have tested positive for the coronavirus and will begin quarantining , the president confirmed early Friday morning .
In a letter from the president ’ s physician Sean Conley , the doctor confirmed Trump and his wife tested positive for the novel coronavirus .
Hope Hicks , who traveled with the president to Tuesday ’ s debate in Cleveland and a campaign rally in Minnesota on Wednesday , was the first reported to test positive on Thursday .
Trump did a call-in interview with Fox News ’ Sean @ @ @ @ @ @ @ saying he only recently heard about Hicks and that he and the first lady were still waiting for test results .
“ She did test positive , I just heard about this .
She tested positive .
She ’ s a hard worker .
Lot of masks , she wears masks a lot but she tested positive .
Then I just went out with a test .
I ’ ll see , you know , because we spent a lot of time , and the first lady just went out with a test @ @ @ @ @ @ @ whether we have it , I don ’ t know , ” Trump said .
“ I just went for a test and we ’ ll see what happens , ” he added .
Trump had travelled to a fundraiser in New Jersey Thursday night .
After news broke that the president had become infected , he took to Twitter to confirm the news .
“ Tonight , @ FLOTUS and I tested positive for COVID-19 .
We will begin our quarantine and recovery process immediately .
We will get through this TOGETHER @ @ @ @ @ @ @ was seen boarding Marine One with other aides Jared Kushner , Nicholas Luna and Dan Scavino Wednesday .
None of them were wearing masks .
Trump said he thinks she could have picked it up from a supporter this past week .
“ She ’ s a very warm person , ” he said on Hannity ’ s show .
“ She has a hard time when soldiers and law enforcement comes up to her , you know .
She wants to treat them great , not say , ‘ Stay away , @ @ @ @ @ @ @ ’ ” The news comes as the Trump administration continues to downplay the pandemic .
Trump himself has repeatedly refused to wear a mask , only doing so a few times in public .
More than 200,000 Americans have died from the virus so far .
In a statement , White House spokesman Judd Deere said , “ The President takes the health and safety of himself and everyone who works in support of him and the American people very seriously.
” “ White House Operations collaborates with the Physician to the President @ @ @ @ @ @ @ ensure all plans and procedures incorporate current CDC guidance and best practices for limiting COVID-19 exposure to the greatest extent possible both on complex and when the President is traveling , ” he said .
Hicks is one of Trump ’ s longest-serving officials , having originally served as communications director before rejoining the White House this year as a counselor to the reelection campaign .
The president was scheduled to attend a campaign rally in Sanford , Florida on Friday .

President Donald Trump and first lady Melania Trump are awaiting test results after senior White House official Hope Hicks, one of Trump’s closest aides, tested positive for Covid-19 after travelling with him this week.
(CN) — President Donald Trump and first lady Melania Trump have tested positive for the coronavirus and will begin quarantining, the president confirmed early Friday morning.
In a letter from the president's physician Sean Conley, the doctor confirmed Trump and his wife tested positive for the novel coronavirus.
Hope Hicks, who traveled with the president to Tuesday’s debate in Cleveland and a campaign rally in Minnesota on Wednesday, was the first reported to test positive on Thursday.
Trump did a call-in interview with Fox News’ Sean Hannity Thursday evening, at that time saying he only recently heard about Hicks and that he and the first lady were still waiting for test results.
"She did test positive, I just heard about this. She tested positive. She's a hard worker. Lot of masks, she wears masks a lot but she tested positive. Then I just went out with a test. I'll see, you know, because we spent a lot of time, and the first lady just went out with a test also. So whether we quarantine or whether we have it, I don't know," Trump said.
“I just went for a test and we’ll see what happens," he added.
Trump had travelled to a fundraiser in New Jersey Thursday night. After news broke that the president had become infected, he took to Twitter to confirm the news.
"Tonight, @FLOTUS and I tested positive for COVID-19. We will begin our quarantine and recovery process immediately. We will get through this TOGETHER!" the president tweeted.
Hicks was seen boarding Marine One with other aides Jared Kushner, Nicholas Luna and Dan Scavino Wednesday. None of them were wearing masks.
Trump said he thinks she could have picked it up from a supporter this past week.
“She’s a very warm person,” he said on Hannity’s show. “She has a hard time when soldiers and law enforcement comes up to her, you know. She wants to treat them great, not say, ‘Stay away, I can’t get near you.’”
The news comes as the Trump administration continues to downplay the pandemic. Trump himself has repeatedly refused to wear a mask, only doing so a few times in public. More than 200,000 Americans have died from the virus so far.
In a statement, White House spokesman Judd Deere said, "The President takes the health and safety of himself and everyone who works in support of him and the American people very seriously."
“White House Operations collaborates with the Physician to the President and the White House Military Office to ensure all plans and procedures incorporate current CDC guidance and best practices for limiting COVID-19 exposure to the greatest extent possible both on complex and when the President is traveling,” he said.
Hicks is one of Trump’s longest-serving officials, having originally served as communications director before rejoining the White House this year as a counselor to the reelection campaign.
The president was scheduled to attend a campaign rally in Sanford, Florida on Friday.


courthousenews--2020-10-02--Judge Halts Trump’s Order to Suspend Work Visas

OAKLAND , Calif. ( CN ) — President Donald Trump overstepped his authority in issuing a sweeping proclamation suspending certain types of non-immigration work visas through the end of the year , a federal judge said Thursday in a ruling barring the order from being applied to dozens of companies and members of industry groups that opposed it .
Trump cited the pandemic-driven economic downturn when he temporarily barred entry , with limited exceptions , to foreign workers through the H-1B , H-2B , J-1 and L-1 labor pipelines .
His April proclamation applies to workers in specialized industries like @ @ @ @ @ @ @ program participants and executives seeking intra-company transfers to the United States .
A coalition of groups representing thousands of American businesses , including the U.S. Chamber of Commerce , National Association of Manufacturers , National Retail Federation , Microsoft , Amazon and cultural exchange group Intrex all sued to block its enforcement , saying if left in place , the restrictions would upend the Immigration and Nationality Act ’ s visa regulations and trigger severe labor shortages .
At a hearing in September , the Justice Department argued that Trump had the authority @ @ @ @ @ @ @ Supreme Court ruling upholding the president ’ s travel ban on immigrants from predominantly Muslim countries .
U.S. District Judge Jeffrey White found the high court ’ s ruling inapplicable to the visa proclamation , writing , “ In contrast to the Muslim Proclamation that was before the Supreme Court in Hawaii III , the Proclamation here deals with a purely domestic economic issue – the loss of employment during a national pandemic.
” White also wrote that the authority Congress delegated to the president to restrict or suspend foreign entry into the @ @ @ @ @ @ @ that Trump exceeded them .
“ Congress ’ delegation of authority in the immigration context .
.
.
does not afford the President unbridled authority to set domestic policy regarding employment of nonimmigrant foreigners , ” White wrote .
“ Indeed , there must be some measure of constraint on Presidential authority in the domestic sphere in order not to render the executive an entirely monarchical power in the immigration context , an area within clear legislative prerogative.
” He said Trump ’ s proclamation “ eviscerates ” rather than supplements the Immigration @ @ @ @ @ @ @ at a minimum , the end of the year , the proclamation simply eliminates H-1B , H-2B , L-1 , and J-1 visas and nullifies the statutes creating those visa categories , ” he wrote .
“ The Proclamation , by its explicit terms , rewrites the carefully delineated balance between protecting American workers and the need of American businesses to staff their operations with skilled , specialized , and temporary workers.
” Preexisting visa prisons in the INA are already structured so as not to threaten American jobs , White said .
@ @ @ @ @ @ @ , the president ’ s wholesale elimination of categories of workers does not supplement this legislative judgment but rather explicitly supplants it by refusing admission to all categories of foreign workers , ” he wrote .
He cited by way of example the H-2B visa for temporary nonagricultural workers , for which the Department of Labor requires employers to certify that there are insufficient number of qualified U.S. workers available and caps at 66,000 per year .
“ The pre-existing law already guarantees that issuance of an H-2B visa will not disadvantage American @ @ @ @ @ @ @ “ Regardless , the proclamation eviscerates the visa category in its entirety.
” “ The proclamation attempts to wholly remake immigration laws in a way that conflicts with what Congress has enacted , ” said Paul Hughes , an attorney for the industry groups , in a phone interview Thursday evening .
“ The statutes Congress adopted are responsive to the economic condition in the U.S. such that the issuance of visas is tied to prevailing domestic conditions .
Congress knew how to take into account the fact that there is cyclical economic @ @ @ @ @ @ @ that in the statutory scheme.
” White also noted that the Trump administration did no evaluation of how banning work-related visas would affect the U.S. economy or employment rates , and offered no evidence to support its assertion that foreign workers are stealing American jobs .
“ The statistics regarding pandemic-related unemployment actually indicate that unemployment is concentrated in service occupations and that large number of job vacancies remain in the area most affected by the ban , computer operations which require high-skilled workers , ” White wrote , adding , “ Further @ @ @ @ @ @ @ record , the court finds that the public interest is served by cessation of a radical change in policy that negatively affects plaintiffs whose members comprise hundreds of thousands of American businesses of all sizes and economic sectors.
” “ My clients are enormously grateful at the sweeping victory that Judge White issued , ” Hughes said .
“ He was very careful and took care to address the full spectrum of issues in a way that is both cogent and accessible to the general public .
Many millions are deeply affected by @ @ @ @ @ @ @ , U.S. Chamber of Commerce immigration policy executive Jon Baselice called the ruling “ a great victory for American businesses and our nation ’ s economy.
” An attorney for the Department of Justice referred Courthouse News to its deputy spokesperson , who did not return a request for comment by press time .

President Donald Trump overstepped his authority in issuing a sweeping proclamation suspending certain types of non-immigration work visas through the end of the year, a federal judge said Thursday in a ruling barring the order from being applied to dozens of companies and members of industry groups that opposed it.
OAKLAND, Calif. (CN) — President Donald Trump overstepped his authority in issuing a sweeping proclamation suspending certain types of non-immigration work visas through the end of the year, a federal judge said Thursday in a ruling barring the order from being applied to dozens of companies and members of industry groups that opposed it.
Trump cited the pandemic-driven economic downturn when he temporarily barred entry, with limited exceptions, to foreign workers through the H-1B, H-2B, J-1 and L-1 labor pipelines. His April proclamation applies to workers in specialized industries like tech, seasonal laborers, cultural exchange program participants and executives seeking intra-company transfers to the United States.
A coalition of groups representing thousands of American businesses, including the U.S. Chamber of Commerce, National Association of Manufacturers, National Retail Federation, Microsoft, Amazon and cultural exchange group Intrex all sued to block its enforcement, saying if left in place, the restrictions would upend the Immigration and Nationality Act’s visa regulations and trigger severe labor shortages.
At a hearing in September, the Justice Department argued that Trump had the authority to issue the proclamation under a U.S. Supreme Court ruling upholding the president’s travel ban on immigrants from predominantly Muslim countries.
U.S. District Judge Jeffrey White found the high court’s ruling inapplicable to the visa proclamation, writing, “In contrast to the Muslim Proclamation that was before the Supreme Court in Hawaii III, the Proclamation here deals with a purely domestic economic issue – the loss of employment during a national pandemic.”
White also wrote that the authority Congress delegated to the president to restrict or suspend foreign entry into the United States has its limits, and that Trump exceeded them.
“Congress’ delegation of authority in the immigration context . . . does not afford the President unbridled authority to set domestic policy regarding employment of nonimmigrant foreigners,” White wrote. “Indeed, there must be some measure of constraint on Presidential authority in the domestic sphere in order not to render the executive an entirely monarchical power in the immigration context, an area within clear legislative prerogative.”
He said Trump’s proclamation “eviscerates” rather than supplements the Immigration and Nationality Act.
“Until, at a minimum, the end of the year, the proclamation simply eliminates H-1B, H-2B, L-1, and J-1 visas and nullifies the statutes creating those visa categories,” he wrote. “The Proclamation, by its explicit terms, rewrites the carefully delineated balance between protecting American workers and the need of American businesses to staff their operations with skilled, specialized, and temporary workers.”
Preexisting visa prisons in the INA are already structured so as not to threaten American jobs, White said.
“Unlike the Muslim Proclamation, here, the president’s wholesale elimination of categories of workers does not supplement this legislative judgment but rather explicitly supplants it by refusing admission to all categories of foreign workers,” he wrote.
He cited by way of example the H-2B visa for temporary nonagricultural workers, for which the Department of Labor requires employers to certify that there are insufficient number of qualified U.S. workers available and caps at 66,000 per year.
"The pre-existing law already guarantees that issuance of an H-2B visa will not disadvantage American native-born workers,” White wrote. “Regardless, the proclamation eviscerates the visa category in its entirety.”
“The proclamation attempts to wholly remake immigration laws in a way that conflicts with what Congress has enacted,” said Paul Hughes, an attorney for the industry groups, in a phone interview Thursday evening. “The statutes Congress adopted are responsive to the economic condition in the U.S. such that the issuance of visas is tied to prevailing domestic conditions. Congress knew how to take into account the fact that there is cyclical economic contraction in the U.S. and it addressed that in the statutory scheme.”
White also noted that the Trump administration did no evaluation of how banning work-related visas would affect the U.S. economy or employment rates, and offered no evidence to support its assertion that foreign workers are stealing American jobs.
“The statistics regarding pandemic-related unemployment actually indicate that unemployment is concentrated in service occupations and that large number of job vacancies remain in the area most affected by the ban, computer operations which require high-skilled workers,” White wrote, adding, "Further, based on actual facts in the record, the court finds that the public interest is served by cessation of a radical change in policy that negatively affects plaintiffs whose members comprise hundreds of thousands of American businesses of all sizes and economic sectors.”
“My clients are enormously grateful at the sweeping victory that Judge White issued,” Hughes said. “He was very careful and took care to address the full spectrum of issues in a way that is both cogent and accessible to the general public. Many millions are deeply affected by this order.”
In a statement Thursday, U.S. Chamber of Commerce immigration policy executive Jon Baselice called the ruling “a great victory for American businesses and our nation's economy.”
An attorney for the Department of Justice referred Courthouse News to its deputy spokesperson, who did not return a request for comment by press time.


courthousenews--2020-10-02--North Carolina Suspends Plan to Resolve Ballot Issue After Judge’s Rebuke

( CN ) — With the general election just over a month away , the North Carolina State Board of Elections on Thursday suspended a plan to allow voters to correct absentee ballot problems using affidavits .
Thousands of voters in North Carolina need to correct witness-related issues in order for their absentee ballots to be counted and last week the state elections board directed county officials to help .
The state board requested that “ cure affidavits ” be sent to voters whose ballots lacked proper witness information so they may verify that their ballot is legitimate .
But @ @ @ @ @ @ @ Brinson Bell sent a memo to county election officials Thursday and urged them to halt the program pending legal review .
“ Absentee envelopes with a missing witness signature shall be kept in a secure location and shall not be considered by the county board until further notice , ” Bell wrote .
Bell ’ s memo came after U.S. District Judge William Osteen , a George W. Bush appointee , said he is concerned that the plan to send affidavits rather than new ballots threatens the witness requirement and goes against a @ @ @ @ @ @ @ The judge wrote on Wednesday that the board appears to “ have rewritten the one-witness requirement , a statute this court previously upheld , to permit submission of an absentee ballot without a witness.
” Judge Osteen ruled in August that voters in the state must be allowed to fix their absentee ballots , but expressed the sentiment on Wednesday that the state board ’ s plan does not exactly comply .
He called for a status conference for all parties involved in a related lawsuit , writing “ This court finds a @ @ @ @ @ @ @ this court ’ s present concern that alleged compliance with this court ’ s order is resulting in elimination of a duly-enacted statute requiring a witness to an absentee ballot.
” Due to Covid-19 concerns , the state decided over the summer to allow North Carolinians to send absentee ballots with just one witness signature instead of two .
A state court hearing is scheduled for Friday to decide whether the state ’ s affidavit guidance can go forward under the settlement reached last week between the state elections board and the North @ @ @ @ @ @ @ far , according to state board data , more than a million Tarheel State residents have requested an absentee ballot and about 304,809 have successfully cast ballots by mail .
That means 4 % of registered voters in the state have already cast ballots in the general election , the board says .
“ These vote-by-mail numbers are far greater than we ’ ve ever seen in North Carolina history , ” Bell said in a statement on Thursday .
“ They show that the process is working well for the vast majority @ @ @ @ @ @ @ vote by mail.
” Still , data from the board shows that county officials are setting aside Black voters ’ mail-in ballots at a higher rate than other voters for witness-related issues .

With the general election just over a month away, the North Carolina State Board of Elections on Thursday suspended a plan to allow voters to correct absentee ballot problems using affidavits.
(CN) — With the general election just over a month away, the North Carolina State Board of Elections on Thursday suspended a plan to allow voters to correct absentee ballot problems using affidavits.
Thousands of voters in North Carolina need to correct witness-related issues in order for their absentee ballots to be counted and last week the state elections board directed county officials to help.
The state board requested that “cure affidavits” be sent to voters whose ballots lacked proper witness information so they may verify that their ballot is legitimate.
But the board’s executive director Karen Brinson Bell sent a memo to county election officials Thursday and urged them to halt the program pending legal review.
"Absentee envelopes with a missing witness signature shall be kept in a secure location and shall not be considered by the county board until further notice," Bell wrote.
Bell’s memo came after U.S. District Judge William Osteen, a George W. Bush appointee, said he is concerned that the plan to send affidavits rather than new ballots threatens the witness requirement and goes against a ruling he had issued in August.
The judge wrote on Wednesday that the board appears to “have rewritten the one-witness requirement, a statute this court previously upheld, to permit submission of an absentee ballot without a witness."
Judge Osteen ruled in August that voters in the state must be allowed to fix their absentee ballots, but expressed the sentiment on Wednesday that the state board’s plan does not exactly comply.
He called for a status conference for all parties involved in a related lawsuit, writing "This court finds a status conference is necessary in light of this court's present concern that alleged compliance with this court's order is resulting in elimination of a duly-enacted statute requiring a witness to an absentee ballot.”
Due to Covid-19 concerns, the state decided over the summer to allow North Carolinians to send absentee ballots with just one witness signature instead of two.
A state court hearing is scheduled for Friday to decide whether the state's affidavit guidance can go forward under the settlement reached last week between the state elections board and the North Carolina Alliance for Retired Americans.
So far, according to state board data, more than a million Tarheel State residents have requested an absentee ballot and about 304,809 have successfully cast ballots by mail.
That means 4% of registered voters in the state have already cast ballots in the general election, the board says.
“These vote-by-mail numbers are far greater than we’ve ever seen in North Carolina history,” Bell said in a statement on Thursday. “They show that the process is working well for the vast majority of North Carolina voters who choose to vote by mail.”
Still, data from the board shows that county officials are setting aside Black voters’ mail-in ballots at a higher rate than other voters for witness-related issues.


courthousenews--2020-10-02--Panel Recommends Broad Measures to Thwart Covid in Criminal Justice System

( CN ) — Courthouse closures , virtual hearings , delayed jury trials , releases of infirm and nonviolent prisoners .
The U.S. criminal justice system reacted swiftly to the pandemic , but more steps are needed to stifle transmission among the incarcerated , two former U.S. attorneys general say in a new report released Thursday .
Established in late July by the Council on Criminal Justice , the National Commission on Covid-19 and Criminal Justice , issued a report Thursday with 33 recommendations for leaders of law enforcement , courts , prisons , jails and nonprofits on how to @ @ @ @ @ @ @ have been more than 168,000 confirmed Covid-19 cases in U.S. prisons and jails — 138,680 inmates and 29,903 staff — and 1,007 inmates have died from the respiratory illness , less than one-third of U.S. states are requiring those in custody wear masks , the report says , citing stats from the Centers for Disease Control and Prevention and the Prison Policy Initiative .
The commission , led by Alberto Gonzales , who served as attorney general for George W. Bush and Loretta Lynch , who held that position for Barack Obama , @ @ @ @ @ @ @ all inmates and implement regular mass testing in correctional facilities , and not just for people with symptoms .
Commission members interviewed people recently released from prison , some of whom said they were reluctant to tell correctional officers they had Covid-19 symptoms to avoid being placed in isolation akin to solitary confinement .
“ What came across most powerfully was fear and uncertainty due to a lack of info about what was being done about Covid and why , really exacerbated tensions that were there before , ” Thomas Abt , the @ @ @ @ @ @ @ fellow of the Council on Criminal Justice , said about the prisoner exit interviews in a video conference Thursday in which the commission discussed its report .
Above all , the commission found , criminal justice leaders ’ response to the pandemic has been hampered by a lack of consistent guidance from the federal government .
Commission member Steven Raphael , a UC Berkeley public policy professor , said because U.S. correctional institutions are decentralized , with each state and the District of Columbia running their own prison systems , and almost every @ @ @ @ @ @ @ collection and sharing on prisoner and correctional officer Covid-19 cases is all over the map .
“ There are some counties and states that are more open .
We ’ re learning in a public health crisis that presents a challenge about what ’ s going on and efficacy of measures being taken .
So better data collection is definitely needed , ” he said .
To keep people out of jail in the first place , Lynch said , police officers should not arrest those accused of low-level offenses , they should @ @ @ @ @ @ @ .
To prevent parolees from returning to prison , the report recommends they should not have their parole revoked for technical violations , such as missing appointments , and testing them for illicit drug use should be limited .
“ Even not in a pandemic , reentry in the first few weeks is a very tricky period , ” Raphael said .
He said people fresh out of prison are at high risk for homelessness and fatally overdosing on drugs and often have little to no money .
“ So anything we can @ @ @ @ @ @ @ basic things like having identification are really important , ” he said .
Dallas Mayor Eric Johnson is also on the commission .
He said he has come to rely on nonprofits and the chambers of commerce for different ethnic groups , even giving some federal disaster relief funds to help with the city ’ s pandemic response .
“ We have credibility gaps in some cases , ” Johnson said .
“ Some communities for various reasons , don ’ t necessarily trust city government and law enforcement to be the primary @ @ @ @ @ @ @ a Black former Texas state legislator , said when it comes to Covid-19 testing , for example , African American residents are more open to being tested at a Black church than at a city-run site .
Echoing Lynch ’ s statements about the need to reduce arrests , Johnson said , “ Bottom line … we have to minimize interactions between law enforcement and our populations during this pandemic.
” When he was elected mayor in June 2019 , Johnson said , he formed a task force and asked them to find @ @ @ @ @ @ @ crime .
But he said he did not want law enforcement involved .
The task force recommended reducing blight , installing more street lights , teaching social and emotional learning to schoolchildren and violence interrupter programs , in which leaders with no connection to law enforcement , former prisoners and gang members among them , use their credibility within the community to defuse disputes before they become violent .
Johnson said Dallas just adopted a budget last week with funding for all the recommendations .
“ If we do all those things well… @ @ @ @ @ @ @ call law enforcement out in the first place .
If we can eliminate the interaction , it actually has a great public health benefit , ” he said .
As for courts , Gonzales , the former attorney general , said they should keep using video conference software to prevent people from having to go to courthouses .
And outdated courthouse tech systems should be updated .
“ Of course , many poor people don ’ t have access to technology , ” said Gonzales , a former Texas secretary of state and @ @ @ @ @ @ @ from the National Center for State Courts , the commission said the most common court responses to the pandemic were restricting jury trials , suspending in-person court proceedings , restricting access to courthouses , granting extensions for deadlines , fees and fines and encouraging teleconferences in place of in-person proceedings .
“ Implementation of these policies has not been without complication , ” the report states .
“ Case backlogs are rising as court closures continue into the fall .
In Georgia , thousands of felony cases in the Atlanta area were awaiting @ @ @ @ @ @ @ this report ’ s release .
In Harris County , Texas , where trials were suspended , nearly 41,000 felony cases were awaiting trial at the end of July.
” Gonzales said courts should consider moving trials to gymnasiums and ballrooms to accommodate social distancing .
It is already happening in Houston .
A criminal trial of a chemical company , postponed from March to September due to the pandemic , was moved from a downtown courthouse to a convention center .

Courthouse closures, virtual hearings, delayed jury trials, releases of infirm and nonviolent prisoners. The U.S. criminal justice system reacted swiftly to the pandemic, but more steps are needed to stifle transmission among the incarcerated, two former U.S. attorneys general say in a new report released Thursday.
(CN) — Courthouse closures, virtual hearings, delayed jury trials, releases of infirm and nonviolent prisoners. The U.S. criminal justice system reacted swiftly to the pandemic, but more steps are needed to stifle transmission among the incarcerated, two former U.S. attorneys general say in a new report released Thursday.
Established in late July by the Council on Criminal Justice, the National Commission on Covid-19 and Criminal Justice, issued a report Thursday with 33 recommendations for leaders of law enforcement, courts, prisons, jails and nonprofits on how to deal with the pandemic.
Though there have been more than 168,000 confirmed Covid-19 cases in U.S. prisons and jails — 138,680 inmates and 29,903 staff — and 1,007 inmates have died from the respiratory illness, less than one-third of U.S. states are requiring those in custody wear masks, the report says, citing stats from the Centers for Disease Control and Prevention and the Prison Policy Initiative.
The commission, led by Alberto Gonzales, who served as attorney general for George W. Bush and Loretta Lynch, who held that position for Barack Obama, said states should mandate mask wearing for all inmates and implement regular mass testing in correctional facilities, and not just for people with symptoms.
Commission members interviewed people recently released from prison, some of whom said they were reluctant to tell correctional officers they had Covid-19 symptoms to avoid being placed in isolation akin to solitary confinement.
“What came across most powerfully was fear and uncertainty due to a lack of info about what was being done about Covid and why, really exacerbated tensions that were there before,” Thomas Abt, the commission’s director and a senior fellow of the Council on Criminal Justice, said about the prisoner exit interviews in a video conference Thursday in which the commission discussed its report.
Above all, the commission found, criminal justice leaders’ response to the pandemic has been hampered by a lack of consistent guidance from the federal government.
Commission member Steven Raphael, a UC Berkeley public policy professor, said because U.S. correctional institutions are decentralized, with each state and the District of Columbia running their own prison systems, and almost every county having their own jail, data collection and sharing on prisoner and correctional officer Covid-19 cases is all over the map.
“There are some counties and states that are more open. We’re learning in a public health crisis that presents a challenge about what’s going on and efficacy of measures being taken. So better data collection is definitely needed,” he said.
To keep people out of jail in the first place, Lynch said, police officers should not arrest those accused of low-level offenses, they should issue them warnings, or ticket them.
To prevent parolees from returning to prison, the report recommends they should not have their parole revoked for technical violations, such as missing appointments, and testing them for illicit drug use should be limited.
“Even not in a pandemic, reentry in the first few weeks is a very tricky period,” Raphael said. He said people fresh out of prison are at high risk for homelessness and fatally overdosing on drugs and often have little to no money.
“So anything we can do to help that transition, especially basic things like having identification are really important,” he said.
Dallas Mayor Eric Johnson is also on the commission. He said he has come to rely on nonprofits and the chambers of commerce for different ethnic groups, even giving some federal disaster relief funds to help with the city’s pandemic response.
“We have credibility gaps in some cases,” Johnson said. “Some communities for various reasons, don’t necessarily trust city government and law enforcement to be the primary deliverer of certain services.”
Johnson, a Black former Texas state legislator, said when it comes to Covid-19 testing, for example, African American residents are more open to being tested at a Black church than at a city-run site.
Echoing Lynch’s statements about the need to reduce arrests, Johnson said, “Bottom line … we have to minimize interactions between law enforcement and our populations during this pandemic.”
When he was elected mayor in June 2019, Johnson said, he formed a task force and asked them to find solutions to reduce a rash of violent crime. But he said he did not want law enforcement involved.
The task force recommended reducing blight, installing more street lights, teaching social and emotional learning to schoolchildren and violence interrupter programs, in which leaders with no connection to law enforcement, former prisoners and gang members among them, use their credibility within the community to defuse disputes before they become violent.
Johnson said Dallas just adopted a budget last week with funding for all the recommendations.
“If we do all those things well… the idea is you never have to call law enforcement out in the first place. If we can eliminate the interaction, it actually has a great public health benefit,” he said.
As for courts, Gonzales, the former attorney general, said they should keep using video conference software to prevent people from having to go to courthouses. And outdated courthouse tech systems should be updated.
“Of course, many poor people don’t have access to technology,” said Gonzales, a former Texas secretary of state and Texas Supreme Court justice.
Citing analysis from the National Center for State Courts, the commission said the most common court responses to the pandemic were restricting jury trials, suspending in-person court proceedings, restricting access to courthouses, granting extensions for deadlines, fees and fines and encouraging teleconferences in place of in-person proceedings.
“Implementation of these policies has not been without complication,” the report states. “Case backlogs are rising as court closures continue into the fall. In Georgia, thousands of felony cases in the Atlanta area were awaiting a grand jury at the time of this report's release. In Harris County, Texas, where trials were suspended, nearly 41,000 felony cases were awaiting trial at the end of July.”
Gonzales said courts should consider moving trials to gymnasiums and ballrooms to accommodate social distancing.
It is already happening in Houston. A criminal trial of a chemical company, postponed from March to September due to the pandemic, was moved from a downtown courthouse to a convention center.


courthousenews--2020-10-02--California Courts Covid Update

California Courts Covid Update

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BB Gun

NEW ORLEANS — A Louisiana couple is suing the Jefferson Parish School Board after their 9-year-old son was expelled from @ @ @ @ @ became visible during an online class session .
They seek to have their son readmitted @ @ @ @ @


courthousenews--2020-10-02--‘Yearly Reality’ of Wildfires Threatening Viability of Napa Valley Winemakers

CALISTOGA , Calif. ( CN ) — As Dario Sattui sat in his vehicle just outside his office building at the Castello di Amarosa in the Napa Valley near Calistoga , you could be forgiven for thinking all was well .
The smattering of buildings constructed of stone , reflective of Sattui ’ s interest in medieval European architecture , were not even slightly tarnished by the heavy smoke in the area .
The walnut trees flanking the entrance retained their green foliage .
Just uphill , where the fourth-generation winemaker built a large 120,000-square-foot castle and winery , the @ @ @ @ @ @ @ destroyed one of the winery ’ s most crucial structures .
“ It was an 11,000-square-foot building that contained about 120,000 bottles of wine worth about $ 6 million and it ’ s gone , ” Sattui said matter-of-factly .
“ It had most of our 2020 vintage.
” The wildfire , still ripping through the heart of Wine Country in Napa and Sonoma counties , began on Saturday .
In less than a week , it has blackened 56,000 acres , destroyed 220 houses and severely damaged at least 19 wineries , @ @ @ @ @ @ @ was Covid and we got shut down for three months , ” Sattui said Thursday .
“ Then we had a fire three weeks ago and the people stayed away.
” Then came the Glass Fire , which used a forested gully that borders Sattui ’ s property to make its way up the ridge to where the wine storage facility stood .
“ We sell 100 % direct from the winery , so if we don ’ t get visitors , we don ’ t sell wine , ” Sattui said .
@ @ @ @ @ @ @ of Covid and the Glass Fire — the region has been battered badly over the past decade .
The Glass Fire is the second major wildfire to hit the Napa winemaking region in the past three years .
In 2017 , the Tubbs Fire and the Atlas Fire ripped through the region , destroying entire wineries and tainting some of the fruit still on the vine with smoke .
Before that , an earthquake in 2014 near Yountville led to huge losses for some wineries when barrels fell from storage racks and broke @ @ @ @ @ @ @ natural disasters have hampered production but also impinged on the number of tourists traveling to the region , hurting not only wineries with a sell-direct business model but also hotels , restaurants , beauty salons and government coffers .
But the Glass Fire has proved especially destructive .
The Michelin three-star Restaurant at Meadowood burned to the ground , a fact confirmed by the security guard working the property Thursday .
The restaurant , one of the most highly decorated in the Napa region , used produce grown at its regional off-site farm @ @ @ @ @ @ @ dishes in California .
While the owners have pledged to rebuild , at least some outside observers wonder if it would be worth it .
“ As wildfires become more of a yearly reality in the region , it ’ s hard to say if anyone will ever want to risk opening another restaurant as ambitious as the one at Meadowood , only to receive ashes in return , ” wrote San Francisco Chronicle food critic Soleil Ho .
Vince Tofanelli also wonders if the traditional Napa Valley lifestyle is sustainable given the @ @ @ @ @ @ @ combined with all the other problems .
“ If this keeps happening , I ’ m not sure if people will stay , ” Tofanelli said .
Tofanelli Vineyards , which Tofanelli owns and operates , barely averted outright disaster .
While the 120-year old barn and the family home that his grandparents built in the early 19th century were entirely lost , the grapevines , several of which were planted in the late 1920s , withstood minimal damage .
“ The vines that my grandparents planted 90 years ago will be fine @ @ @ @ @ @ @ hundred or so got scorched from the heat , so there will be a few years where they are not as productive , but they will be fine.
” The independent vintner echoed the sentiments of some of his colleagues in feeling a sense of beleaguered resignation to the cycle of fire in the region .
“ We are all getting tired of these ongoing fires , ” he said .
“ It ’ s like being under siege.
” Tofanelli said climate change is definitely a factor .
“ I ’ ve @ @ @ @ @ @ @ and it keeps getting hotter , ” he said .
While heatwaves have always been a climatic feature of the region , there are more of them every summer and they are longer and more intense , he said .
The vines have adapted but the drying of the surrounding vegetation renders the region a tinderbox that only requires a spark to go off , Tofanelli said .
The alarming frequency of fire has Tofanelli fretting that small family-owned operators like himself could get squeezed out .
“ Medium to small wineries are @ @ @ @ @ @ @ he said .
“ Whether its Covid or the fires or even the wine glut , these things can conspire against the bottom line.
” The big corporations are getting hit too .
On Spring Mountain , situated in the Mayacamas Mountains that separate the Napa Valley from the Valley of the Moon in Sonoma County , the Newton Winery suffered severe damage from the fire .
The winery is owned by the luxury brand Moet Hennessy Louis Vuitton , which released a statement Thursday thanking first responders .
“ The Newton Estate @ @ @ @ @ @ @ , ” the company said .
A spokesperson said the company “ intends to do whatever it takes to rebuild this truly special place.
” Some companies will stay and rebuild .
Others will not .
“ I think some people will move out , ” said Sattui .
“ Some people have just had enough.
” But don ’ t count Sattui among them .
Or Tofanelli .
Sattui said he will begin rebuilding the storage facility he lost , even going so far as to import stone from Europe and paying @ @ @ @ @ @ @ the doors and windows to resemble something from a forgotten time .
“ It should take about three years , ” Sattui said .
But for Sattui and the other winemakers hurt by yet another out-of-control wildfire , the hope is that the time before 2017 , when large-scale fires were not a biannual event , is not another forgotten time replaced by a new normal .
The hope these vintners harbor includes a vision of a time and a climate that will make the business of making wine in the Napa Valley @ @ @ @ @ @

The alarming frequency of wildfire has Napa Valley winemakers fretting that small family-owned operators — and big producers alike — could see their dreams vanish.
CALISTOGA, Calif. (CN) — As Dario Sattui sat in his vehicle just outside his office building at the Castello di Amarosa in the Napa Valley near Calistoga, you could be forgiven for thinking all was well.
The smattering of buildings constructed of stone, reflective of Sattui’s interest in medieval European architecture, were not even slightly tarnished by the heavy smoke in the area.
The walnut trees flanking the entrance retained their green foliage.
Just uphill, where the fourth-generation winemaker built a large 120,000-square-foot castle and winery, the Glass Fire spared the castle but completely destroyed one of the winery’s most crucial structures.
“It was an 11,000-square-foot building that contained about 120,000 bottles of wine worth about $6 million and it’s gone,” Sattui said matter-of-factly. “It had most of our 2020 vintage.”
The wildfire, still ripping through the heart of Wine Country in Napa and Sonoma counties, began on Saturday. In less than a week, it has blackened 56,000 acres, destroyed 220 houses and severely damaged at least 19 wineries, restaurants and resorts.
“First it was Covid and we got shut down for three months,” Sattui said Thursday. “Then we had a fire three weeks ago and the people stayed away.”
Then came the Glass Fire, which used a forested gully that borders Sattui’s property to make its way up the ridge to where the wine storage facility stood.
“We sell 100% direct from the winery, so if we don’t get visitors, we don’t sell wine,” Sattui said.
It’s not only the combination of Covid and the Glass Fire — the region has been battered badly over the past decade.
The Glass Fire is the second major wildfire to hit the Napa winemaking region in the past three years. In 2017, the Tubbs Fire and the Atlas Fire ripped through the region, destroying entire wineries and tainting some of the fruit still on the vine with smoke. Before that, an earthquake in 2014 near Yountville led to huge losses for some wineries when barrels fell from storage racks and broke due to the shaking.
“We can’t win,” lamented Sattui.
All the natural disasters have hampered production but also impinged on the number of tourists traveling to the region, hurting not only wineries with a sell-direct business model but also hotels, restaurants, beauty salons and government coffers.
But the Glass Fire has proved especially destructive.
The Michelin three-star Restaurant at Meadowood burned to the ground, a fact confirmed by the security guard working the property Thursday. The restaurant, one of the most highly decorated in the Napa region, used produce grown at its regional off-site farm to concoct some of the most celebrated dishes in California. While the owners have pledged to rebuild, at least some outside observers wonder if it would be worth it.
“As wildfires become more of a yearly reality in the region, it’s hard to say if anyone will ever want to risk opening another restaurant as ambitious as the one at Meadowood, only to receive ashes in return,” wrote San Francisco Chronicle food critic Soleil Ho.
Vince Tofanelli also wonders if the traditional Napa Valley lifestyle is sustainable given the new normal of nearly annual destructive wildfires combined with all the other problems.
“If this keeps happening, I’m not sure if people will stay,” Tofanelli said.
Tofanelli Vineyards, which Tofanelli owns and operates, barely averted outright disaster. While the 120-year old barn and the family home that his grandparents built in the early 19th century were entirely lost, the grapevines, several of which were planted in the late 1920s, withstood minimal damage.
“The vines that my grandparents planted 90 years ago will be fine,” he said. “A hundred or so got scorched from the heat, so there will be a few years where they are not as productive, but they will be fine.”
The independent vintner echoed the sentiments of some of his colleagues in feeling a sense of beleaguered resignation to the cycle of fire in the region.
“We are all getting tired of these ongoing fires,” he said. “It’s like being under siege.”
Tofanelli said climate change is definitely a factor.
“I’ve been farming this vineyard for 50 years and it keeps getting hotter,” he said.
While heatwaves have always been a climatic feature of the region, there are more of them every summer and they are longer and more intense, he said.
The vines have adapted but the drying of the surrounding vegetation renders the region a tinderbox that only requires a spark to go off, Tofanelli said.
The alarming frequency of fire has Tofanelli fretting that small family-owned operators like himself could get squeezed out.
“Medium to small wineries are going to get affected more,” he said. “Whether its Covid or the fires or even the wine glut, these things can conspire against the bottom line.”
The big corporations are getting hit too.
On Spring Mountain, situated in the Mayacamas Mountains that separate the Napa Valley from the Valley of the Moon in Sonoma County, the Newton Winery suffered severe damage from the fire.
The winery is owned by the luxury brand Moet Hennessy Louis Vuitton, which released a statement Thursday thanking first responders.
“The Newton Estate Winery and Vineyards have been significantly impacted,” the company said. A spokesperson said the company “intends to do whatever it takes to rebuild this truly special place.”
Smoke from the Glass Fire hangs thick in the air around the Napa Fire Department station. (Courthouse News photo / Matthew Renda)
Some companies will stay and rebuild. Others will not.
“I think some people will move out,” said Sattui. “Some people have just had enough.”
But don’t count Sattui among them. Or Tofanelli.
Sattui said he will begin rebuilding the storage facility he lost, even going so far as to import stone from Europe and paying blacksmiths to forge individual flourishes while customizing the doors and windows to resemble something from a forgotten time.
“It should take about three years,” Sattui said.
But for Sattui and the other winemakers hurt by yet another out-of-control wildfire, the hope is that the time before 2017, when large-scale fires were not a biannual event, is not another forgotten time replaced by a new normal.
The hope these vintners harbor includes a vision of a time and a climate that will make the business of making wine in the Napa Valley profitable, pleasurable and sustainable.


Georgia Voting

ATLANTA — The 11th Circuit Friday lifted a federal judge ’ s injunction that pushed back the deadline when Georgia @ @ @ @ @ be accepted , ruling that the state ’ s decades-old deadline of 7 p.m. on @ @ @ @ @ voting rights .


courthousenews--2020-10-02--Biden Warns of Virus Threat at Michigan Campaign Stop

DETROIT ( CN ) — Democratic presidential candidate Joe Biden made a campaign stop in Michigan on Friday in the wake of the bombshell news that President Trump contracted Covid-19 , warning Americans to take the virus seriously and encouraging them to wear masks .
The former vice president ’ s appearance in Grand Rapids marked his second trip to the critical battleground state in less than a month , after stumping in Warren and Detroit on Sept. 9 .
Biden tweeted that both he and his wife tested negative for the virus Friday morning after the president and First @ @ @ @ @ @ @ “ I ’ m happy to report that Jill and I have tested negative for Covid .
Thank you to everyone for your messages of concern .
I hope this serves as a reminder : wear a mask , keep social distance , and wash your hands , ” he wrote .
Biden wore a mask that he occasionally tugged while delivering a speech to members of the United Food and Commercial Workers International Union Local 951 on Friday afternoon .
He explained that the event was delayed three hours because of his @ @ @ @ @ @ @ two tests : one from a doctor in Delaware and one from a former White House physician .
He opened his remarks in a sympathetic tone when he spoke of Trump ’ s positive test .
“ Sending my prayers for the health and safety of the first lady and the president of the United States after they tested positive for Covid-19 , ” Biden told supporters .
“ My wife Jill and I pray that they ’ ll make a quick and full recovery.
” Biden used the news to implore Americans @ @ @ @ @ @ @ of the virus that has killed more than 208,000 people in the U.S. alone , and subtly chided Trump ’ s lax attitude towards the pandemic .
“ This is not a matter of politics .
We have to take this virus seriously .
It ’ s not going away automatically .
It means following the science , listening to the experts , ” he said .
“ It ’ s not about being a tough guy , it ’ s about doing your part , ” the vice president added about wearing @ @ @ @ @ @ @ , with results turned around rapidly and that ’ s available to everyone.
” Biden said the nation at large needs to do better in dealing with the pandemic .
He did not sugar-coat the current economic situation to his audience , who he commended for being “ front-line ” food workers putting their lives on the line .
“ Once again , we are seeing temporary layoffs turn permanent .
This month marked the largest single-month increase in long-term unemployment since we started keeping records in 1948 , ” he said .
@ @ @ @ @ @ @ who have either lost hours , lost paychecks or lost their jobs entirely.
” President Trump has boasted in the past about a V-shaped recovery , in which economic activity quickly bounces back to pre-pandemic levels , but Biden suggested Friday it was shaped more like a K-shaped recovery and explained why .
“ A ‘ K ’ means , letter going up , that ’ s those on the top and keeps going up while everyone else in the middle is going down and below .
We ’ re seeing things get @ @ @ @ @ @ @ Democratic candidate acknowledged that grocery workers like those in attendance are being left behind by what he called the most unequal economic recovery in history .
“ Because while workers are struggling , the top 100 billionaires in America have done pretty well , ” he admonished .
“ This is a scary time.
” The former vice president said he understood the working class because he was raised by middle-class parents who taught him he wasn ’ t better than anyone .
“ Wall Street CEOs didn ’ t build this country @ @ @ @ @ @ @ .
And unions built the middle class , ” he said .
Biden gleefully disclosed that conservative-leaning Moody ’ s Investors Services performed an analysis of his economic plan and projected it would create 18.6 million jobs and growth of $ 1 trillion .
“ That ’ s not coming from a liberal think tank , that ’ s coming from Moody ’ s , ” he cracked .
The plan includes raising taxes on anyone making more than $ 400,000 a year and requiring a higher corporate tax rate .
“ No @ @ @ @ @ @ @ have to work two jobs just to get above the poverty line , ” he added .
Biden also promised to build upon Obamacare and create a public health care option .
He said an aggressive 10-year , $ 700 billion plan would be paid for with the elimination of the Trump-era tax cuts for the wealthy .
As he neared the end of his remarks , Biden spoke about protecting Social Security and making college tuition more affordable .
“ I know a lot of people around here are tired of being @ @ @ @ @ @ @ Biden closed the appearance with a pep talk about controlling the Covid-19 crisis .
“ We can get this pandemic under control…but this can not be a partisan moment .
It has to be an American moment .
We have to come together as a nation , ” he said .

Democratic presidential candidate Joe Biden made a campaign stop in Michigan on Friday in the wake of the bombshell news that President Trump tested positive for Covid-19, warning Americans to take the virus seriously and encouraging them to wear masks.
DETROIT (CN) — Democratic presidential candidate Joe Biden made a campaign stop in Michigan on Friday in the wake of the bombshell news that President Trump contracted Covid-19, warning Americans to take the virus seriously and encouraging them to wear masks.
The former vice president’s appearance in Grand Rapids marked his second trip to the critical battleground state in less than a month, after stumping in Warren and Detroit on Sept. 9.
Biden tweeted that both he and his wife tested negative for the virus Friday morning after the president and First Lady Melania Trump revealed their diagnoses.
“I’m happy to report that Jill and I have tested negative for Covid. Thank you to everyone for your messages of concern. I hope this serves as a reminder: wear a mask, keep social distance, and wash your hands,” he wrote.
Biden wore a mask that he occasionally tugged while delivering a speech to members of the United Food and Commercial Workers International Union Local 951 on Friday afternoon. He explained that the event was delayed three hours because of his virus testing. He said he took two tests: one from a doctor in Delaware and one from a former White House physician.
He opened his remarks in a sympathetic tone when he spoke of Trump’s positive test.
“Sending my prayers for the health and safety of the first lady and the president of the United States after they tested positive for Covid-19,” Biden told supporters. “My wife Jill and I pray that they'll make a quick and full recovery.”
Biden used the news to implore Americans to be more responsible in the face of the virus that has killed more than 208,000 people in the U.S. alone, and subtly chided Trump’s lax attitude towards the pandemic.
“This is not a matter of politics. We have to take this virus seriously. It’s not going away automatically. It means following the science, listening to the experts,” he said.
“It’s not about being a tough guy, it’s about doing your part,” the vice president added about wearing masks. “We need regular testing, with results turned around rapidly and that’s available to everyone.”
Biden said the nation at large needs to do better in dealing with the pandemic. He did not sugar-coat the current economic situation to his audience, who he commended for being “front-line” food workers putting their lives on the line.
“Once again, we are seeing temporary layoffs turn permanent. This month marked the largest single-month increase in long-term unemployment since we started keeping records in 1948,” he said. “We are now 30 million workers who have either lost hours, lost paychecks or lost their jobs entirely.”
President Trump has boasted in the past about a V-shaped recovery, in which economic activity quickly bounces back to pre-pandemic levels, but Biden suggested Friday it was shaped more like a K-shaped recovery and explained why.
“A ‘K’ means, letter going up, that’s those on the top and keeps going up while everyone else in the middle is going down and below. We’re seeing things get worse,” he said.
The Democratic candidate acknowledged that grocery workers like those in attendance are being left behind by what he called the most unequal economic recovery in history.
“Because while workers are struggling, the top 100 billionaires in America have done pretty well,” he admonished. “This is a scary time.”
The former vice president said he understood the working class because he was raised by middle-class parents who taught him he wasn’t better than anyone.
“Wall Street CEOs didn’t build this country, the middle class built this country. And unions built the middle class,” he said.
Biden gleefully disclosed that conservative-leaning Moody’s Investors Services performed an analysis of his economic plan and projected it would create 18.6 million jobs and growth of $1 trillion.
“That’s not coming from a liberal think tank, that’s coming from Moody’s,” he cracked.
The plan includes raising taxes on anyone making more than $400,000 a year and requiring a higher corporate tax rate.
“No one should be in the position to have to work two jobs just to get above the poverty line,” he added.
Biden also promised to build upon Obamacare and create a public health care option. He said an aggressive 10-year, $700 billion plan would be paid for with the elimination of the Trump-era tax cuts for the wealthy.
As he neared the end of his remarks, Biden spoke about protecting Social Security and making college tuition more affordable.
“I know a lot of people around here are tired of being disrespected,” he said solemnly.
Biden closed the appearance with a pep talk about controlling the Covid-19 crisis.
“We can get this pandemic under control … but this cannot be a partisan moment. It has to be an American moment. We have to come together as a nation,” he said.


courthousenews--2020-10-02--Federal Judge Thwarts Latest Attempt to End Census Count Early

SAN JOSE , Calif. ( CN ) — A federal judge on Thursday shot down the Trump administration ’ s latest attempt to end the 2020 U.S. census count early , finding its decision to set a new closeout date of Oct. 5 violated her prior order .
“ Defendants ’ dissemination of erroneous information ; lurching from one hasty , unexplained plan to the next ; and unlawful sacrifices of completeness and accuracy of the 2020 Census are upending the status quo , violating the Injunction Order , and undermining the credibility of the Census Bureau and the 2020 @ @ @ @ @ @ @ Koh wrote in a 15-page clarifying order Thursday night .
“ This must stop.
” Koh had issued a temporary restraining order on Sept. 5 and a preliminary injunction on Sept. 24 ordering the Census Bureau to reinstate its prior plan of continuing counting operations through the end of October .
The bureau had announced in August that it would wind down operations one month early , on Sept. 30 , to meet a statutory deadline of getting census results to the president by year ’ s end .
Koh found that the @ @ @ @ @ @ @ population data and lead to an undercount of “ historically undercounted individuals.
” Despite Koh ’ s injunction ordering the government to revive the prior deadline , the Census Bureau announced in a tweet Monday that it nevertheless planned to halt operations by Oct. 5 .
When Koh ordered the Census Bureau to produce records on its abrupt decision during a hearing that same day , Trump administration lawyers argued “ the tweet does not have an administrative record ” because it “ doesn ’ t involve a final agency action.
” Despite @ @ @ @ @ @ @ produced records showing the decision to stop counting on Oct. 5 was made in four days after Koh issued her injunction on Sept. 24 .
“ Even though the Census is a $ 15.6 billion dollar operation that took nearly a decade to plan , Defendants ’ production showed that the Census Bureau developed the October 5 ‘ target date ’ in the span of four days with the same legal defects as the Replan , ” Koh said , referring to the prior plan for ending the count on Sept. 30 .
@ @ @ @ @ @ @ Ross was presented two options : to stop field work on Oct. 5 , which would enable the Bureau to deliver population data for allocating congressional apportionment to the president by Dec. 31 , or continue field work after Oct. 5 to improve accuracy , which would force the bureau to miss that Dec. 31 deadline .
In a Sept. 28 email , Ross asked a Census Bureau official to confirm that ending the count by Oct. 5 would allow the bureau to deliver apportionment data to the president by Dec. 31 .
@ @ @ @ @ @ @ the Bureau sent out a tweet announcing its new Oct. 5 end date .
The same day that tweet was posted , census officials sent conflicting text messages to field workers , telling some that the court order was still in place and required counting to continue through Oct. 31 while others were told that field work would end Oct. 5 .
“ Defendants ’ clear , fast , and concerted advertising of the October 5 date stands in stark contrast with Defendants ’ chaotic , dilatory , and incomplete compliance with the @ @ @ @ @ @ @ Koh ordered the Census Bureau to send new text messages to all of its employees on Friday notifying them of the court order and clarifying that all data collection operations will continue through Oct. 31 .
She also required Census Bureau Director Steven Dillingham to file a sworn declaration by Monday afternoon confirming the bureau ’ s compliance with the court ’ s injunction and detailing steps taken “ to prevent future violations of the Injunction Order.
” Los Angeles is one of multiple plaintiffs who sued to block the Census Bureau ’ @ @ @ @ @ @ @ count .
In a statement Friday , Los Angeles City Attorney Mike Feuer called the judge ’ s decision a key victory for everyone who relies on an accurate census count for federal funding and fair political representation .
“ Judge Koh made it utterly clear that she will not tolerate any further Trump Administration efforts to cut this vital process short , ” Feuer said .
“ The Administration must stop playing games with this fundamental constitutional requirement and ensure the hard work of counting every American is accomplished.
” Earlier this @ @ @ @ @ @ @ rejected a request to stay Koh ’ s injunction , finding “ the status quo would be seriously disrupted ” if the Census Bureau were to cease its population counting work .
The Census Bureau issued a statement Friday saying it will comply with the court ’ s order .
“ As a result of court orders , the October 5 , 2020 target date is not operative , and data collection operations will continue through October 31 , 2020 .
Employees should continue to work diligently and enumerate as many people as @ @ @ @ @ @ @ Koh , a Barack Obama appointee , and two other judges are scheduled to hear arguments on Thursday in two separate lawsuits challenging President Donald Trump ’ s July 21 directive ordering the Census Bureau to exclude non-U.S. citizens from population data used to allocate congressional seats , which could weaken the political power of urban areas and Democratic-leaning states .

A federal judge on Thursday shot down the Trump administration’s latest attempt to end the 2020 U.S. census count early, finding its decision to set a new closeout date of Oct. 5 violated her prior order.
SAN JOSE, Calif. (CN) — A federal judge on Thursday shot down the Trump administration’s latest attempt to end the 2020 U.S. census count early, finding its decision to set a new closeout date of Oct. 5 violated her prior order.
“Defendants’ dissemination of erroneous information; lurching from one hasty, unexplained plan to the next; and unlawful sacrifices of completeness and accuracy of the 2020 Census are upending the status quo, violating the Injunction Order, and undermining the credibility of the Census Bureau and the 2020 Census,” U.S. District Judge Lucy Koh wrote in a 15-page clarifying order Thursday night. “This must stop.”
Koh had issued a temporary restraining order on Sept. 5 and a preliminary injunction on Sept. 24 ordering the Census Bureau to reinstate its prior plan of continuing counting operations through the end of October.
The bureau had announced in August that it would wind down operations one month early, on Sept. 30, to meet a statutory deadline of getting census results to the president by year’s end.
Koh found that the shortened timeline would threaten the accuracy of population data and lead to an undercount of “historically undercounted individuals.”
Despite Koh’s injunction ordering the government to revive the prior deadline, the Census Bureau announced in a tweet Monday that it nevertheless planned to halt operations by Oct. 5.
When Koh ordered the Census Bureau to produce records on its abrupt decision during a hearing that same day, Trump administration lawyers argued “the tweet does not have an administrative record” because it “doesn’t involve a final agency action.”
Despite its initial protests, the administration eventually produced records showing the decision to stop counting on Oct. 5 was made in four days after Koh issued her injunction on Sept. 24.
“Even though the Census is a $15.6 billion dollar operation that took nearly a decade to plan, Defendants’ production showed that the Census Bureau developed the October 5 ‘target date’ in the span of four days with the same legal defects as the Replan,” Koh said, referring to the prior plan for ending the count on Sept. 30.
The records showed that Commerce Secretary Wilbur Ross was presented two options: to stop field work on Oct. 5, which would enable the Bureau to deliver population data for allocating congressional apportionment to the president by Dec. 31, or continue field work after Oct. 5 to improve accuracy, which would force the bureau to miss that Dec. 31 deadline.
In a Sept. 28 email, Ross asked a Census Bureau official to confirm that ending the count by Oct. 5 would allow the bureau to deliver apportionment data to the president by Dec. 31. Within 30 minutes of receiving confirmation, the Bureau sent out a tweet announcing its new Oct. 5 end date.
The same day that tweet was posted, census officials sent conflicting text messages to field workers, telling some that the court order was still in place and required counting to continue through Oct. 31 while others were told that field work would end Oct. 5.
“Defendants’ clear, fast, and concerted advertising of the October 5 date stands in stark contrast with Defendants’ chaotic, dilatory, and incomplete compliance with the Injunction Order,” Koh wrote.
Koh ordered the Census Bureau to send new text messages to all of its employees on Friday notifying them of the court order and clarifying that all data collection operations will continue through Oct. 31.
She also required Census Bureau Director Steven Dillingham to file a sworn declaration by Monday afternoon confirming the bureau’s compliance with the court’s injunction and detailing steps taken “to prevent future violations of the Injunction Order.”
Los Angeles is one of multiple plaintiffs who sued to block the Census Bureau’s accelerated timeline for the decennial population count.
In a statement Friday, Los Angeles City Attorney Mike Feuer called the judge’s decision a key victory for everyone who relies on an accurate census count for federal funding and fair political representation.
“Judge Koh made it utterly clear that she will not tolerate any further Trump Administration efforts to cut this vital process short,” Feuer said. “The Administration must stop playing games with this fundamental constitutional requirement and ensure the hard work of counting every American is accomplished.”
Earlier this week, a divided Ninth Circuit panel rejected a request to stay Koh’s injunction, finding “the status quo would be seriously disrupted” if the Census Bureau were to cease its population counting work.
The Census Bureau issued a statement Friday saying it will comply with the court’s order.
“As a result of court orders, the October 5, 2020 target date is not operative, and data collection operations will continue through October 31, 2020. Employees should continue to work diligently and enumerate as many people as possible,” the statement reads.
Koh, a Barack Obama appointee, and two other judges are scheduled to hear arguments on Thursday in two separate lawsuits challenging President Donald Trump’s July 21 directive ordering the Census Bureau to exclude non-U.S. citizens from population data used to allocate congressional seats, which could weaken the political power of urban areas and Democratic-leaning states.


Terror Conviction

SAN FRANCISCO — The Ninth Circuit reversed a naturalized U.S. citizen ’ s convictions on conspiracy to provide material support @ @ @ @ @ However , the remainder of his convictions are affirmed for terrorism-related offenses stemming from a @ @ @ @ @ engaged with American forces in Afghanistan .


Yale Harassment

New Haven , Conn. — A professor at the Yale School of Medicine may sue the university for punishing him @ @ @ @ @ same sexual harassment claim brought against him by a fellow professor following a suspension he @ @ @ @ @ ruled .
The professor has adequately shown that no female professor has been punished twice @ @ @ @ @


ICE Redactions

WASHINGTON — A federal judge denied the National Lawyers Guild ’ s FOIA request for further disclosures from Immigration and @ @ @ @ @ its Criminal Street Gangs Investigations Handbook .


Metro Stabbing

WASHINGTON — The D.C. transit authority can not be held liable for failing to prevent an argument on a bus @ @ @ @ @ that ended with a fatal stabbing , a federal judge ruled .
However , the @ @ @ @ @ have a claim that the station agent failed to timely call for medical help .


courthousenews--2020-10-03--Climate Change Making Nighttime Warmer, Study Finds

( CN ) — After a long , hot day the nighttime becomes an escape from the sun and heat , an event that has been occurring since time immemorial .
Sidewalks have the chance to cool and the air grows crisp .
But a study from the University of Exeter says nights are losing their advantage against climate change and more parts of the globe are heating up — even at night .
According to a study published this week in the journal Global Change Biology , most of the studied land mass experienced this phenomenon .
From 1983 @ @ @ @ @ @ @ quicker in some parts of the world and then there were other parts where the night was warmer .
That ’ s not remarkable , but the nighttime area is more than twice as large as the daytime areas that are warming up .
Blame global warming and cloud coverage , according to the study authors .
More cloud coverage during the day means a cooler surface in the day , which in turn retains heat at night .
“ Species that are only active at night or during the day will be @ @ @ @ @ @ @ Daniel Cox with the Environment and Sustainability Institute at the University of Exeter in a statement .
“ We demonstrate that greater night-time warming is associated with the climate becoming wetter , and this has been shown to have important consequences for plant growth and how species , such as insects and mammals , interact.
” The study also shows that more warming during the day equals drier conditions , which is coupled with greater vulnerability to heat stress and dehydration .
Animals that are only active during the day or night will @ @ @ @ @ @ @ scientists analyzed cloud coverage , humidity , rainfall and hourly records to map out their results , which shows different rates of temperatures during the day and night cycles .
That ranged from a low , medium and high range .
The study then analyzed the impact to plant growth and rainfall over the same time periods , which illustrates that plant life did depend on rainfall , but an increase in nighttime warming equaled less vegetation growth where it rained more .
The relationship between cloud coverage and rainfall points to a @ @ @ @ @ @ @ , because in areas where there was too much cloud coverage , plants suffered at night when they did not get enough rain .
Warmer days led to less growth because of a lack of rainfall .
Overall , more than half of the land surface that was studied saw an increase in warming asymmetry of a quarter of a degree and the researchers write , “ this is driven primarily by changing levels of cloud cover and is associated with a wetting ( increased night‐time warming ) and drying ( increased daytime @ @ @ @ @ @ @ scientists go on to say that the 24-hour “ asymmetry in how the climate is changing is likely to have major implications for temperature and water‐dependent ecological processes , impacting species through thermoregulatory and water budgets.
” The bigger problem will be for animals like ectotherms , which depend on external sources of heat , like reptiles and endotherms , which regulate their body heat through internal body functions .
That ’ s a broad range of animals that will be tasked with adapting to a whole new world due to climate change @

A study from the University of Exeter says nights are losing their advantage against climate change and more parts of the globe are heating up — even at night.
(CN) — After a long, hot day the nighttime becomes an escape from the sun and heat, an event that has been occurring since time immemorial.
Sidewalks have the chance to cool and the air grows crisp. But a study from the University of Exeter says nights are losing their advantage against climate change and more parts of the globe are heating up — even at night.
According to a study published this week in the journal Global Change Biology, most of the studied land mass experienced this phenomenon.
From 1983 to 2017, days have warmed up quicker in some parts of the world and then there were other parts where the night was warmer. That’s not remarkable, but the nighttime area is more than twice as large as the daytime areas that are warming up.
Blame global warming and cloud coverage, according to the study authors. More cloud coverage during the day means a cooler surface in the day, which in turn retains heat at night.
"Species that are only active at night or during the day will be particularly affected,” said lead author Daniel Cox with the Environment and Sustainability Institute at the University of Exeter in a statement. "We demonstrate that greater night-time warming is associated with the climate becoming wetter, and this has been shown to have important consequences for plant growth and how species, such as insects and mammals, interact.”
The study also shows that more warming during the day equals drier conditions, which is coupled with greater vulnerability to heat stress and dehydration. Animals that are only active during the day or night will be thrown for a loop.
The scientists analyzed cloud coverage, humidity, rainfall and hourly records to map out their results, which shows different rates of temperatures during the day and night cycles. That ranged from a low, medium and high range.
The study then analyzed the impact to plant growth and rainfall over the same time periods, which illustrates that plant life did depend on rainfall, but an increase in nighttime warming equaled less vegetation growth where it rained more.
The relationship between cloud coverage and rainfall points to a pattern that is doubly negative for plants, because in areas where there was too much cloud coverage, plants suffered at night when they did not get enough rain. Warmer days led to less growth because of a lack of rainfall.
Overall, more than half of the land surface that was studied saw an increase in warming asymmetry of a quarter of a degree and the researchers write, “this is driven primarily by changing levels of cloud cover and is associated with a wetting (increased night‐time warming) and drying (increased daytime warming) of the climate.”
The scientists go on to say that the 24-hour “asymmetry in how the climate is changing is likely to have major implications for temperature and water‐dependent ecological processes, impacting species through thermoregulatory and water budgets.”
The bigger problem will be for animals like ectotherms, which depend on external sources of heat, like reptiles and endotherms, which regulate their body heat through internal body functions. That’s a broad range of animals that will be tasked with adapting to a whole new world due to climate change.