courthousenews--2020-12-22--Man Pleads Guilty to Shooting, Killing Elephant Seal

( CN ) — A former California resident pleaded guilty Monday to a federal criminal charge in the fatal shooting of a northern elephant seal on a Central Coast beach .
In 2019 , authorities discovered the corpse of a northern elephant seal on a beach near San Simeon , California .
The animal had been shot in the head .
After an investigation by the National Oceanic and Atmospheric Administration and the California Department of Fish and Wildlife , prosecutors charged Jordan Gerbich , 30 , with fatally shooting the mammal .
On Monday , appearing via videoconference in @ @ @ @ @ @ @ pleaded guilty to a single count of taking a marine mammal , a misdemeanor .
The former Santa Maria , California , resident told prosecutors that on the evening of Sept. 28 , 2019 , he drove to an elephant seal observation area adjacent to the Piedras Blancas Marine Reserve and Monterey Bay National Marine sanctuary near San Simeon .
Gerbich , now a resident of Utah , then used a .45-caliber pistol he had purchased to shoot and kill the female elephant seal , according to a plea agreement .
U.S. District @ @ @ @ @ @ @ April 12 , 2021 .
Gerbich faces a statutory maximum sentence of one year in federal prison .
The case is being prosecuted by Assistant U.S. Attorney Heather C. Gorman of the Environmental and Community Safety Crimes Section .
Northern elephant seals are found along North America ’ s Pacific coast , with a range that stretches as far north as Alaska and as far south as Mexico .
Large gatherings of the seals — including adult males that can weigh up to 4,400 pounds and reach 19 feet in length — are @ @ @ @ @ @ @ areas called rookeries .
Rookeries are typically populated year-round though numbers can vary based on breeding and molting cycles for the seals , which are protected under the Marine Mammal Protection Act .
Northern elephant seals — scientific name Mirounga angustirostris — typically spend nine months of each year in the ocean , dining mainly on squid and fish .
When the elephant seals arrive at their breeding beaches in Mexico and California , adult males can be seen fighting each other and producing loud nasal calls to establish dominance .
The main @ @ @ @ @ @ @ entangled in fishing gear and being struck by ocean vessels .

A former California resident pleaded guilty Monday to a federal criminal charge in the fatal shooting of a northern elephant seal on a Central Coast beach.
(CN) — A former California resident pleaded guilty Monday to a federal criminal charge in the fatal shooting of a northern elephant seal on a Central Coast beach.
In 2019, authorities discovered the corpse of a northern elephant seal on a beach near San Simeon, California. The animal had been shot in the head.
After an investigation by the National Oceanic and Atmospheric Administration and the California Department of Fish and Wildlife, prosecutors charged Jordan Gerbich, 30, with fatally shooting the mammal.
On Monday, appearing via videoconference in the Central District of California, Gerbich pleaded guilty to a single count of taking a marine mammal, a misdemeanor.
The former Santa Maria, California, resident told prosecutors that on the evening of Sept. 28, 2019, he drove to an elephant seal observation area adjacent to the Piedras Blancas Marine Reserve and Monterey Bay National Marine sanctuary near San Simeon.
Gerbich, now a resident of Utah, then used a .45-caliber pistol he had purchased to shoot and kill the female elephant seal, according to a plea agreement.
U.S. District Judge Dale S. Fischer scheduled sentencing for April 12, 2021. Gerbich faces a statutory maximum sentence of one year in federal prison.
The case is being prosecuted by Assistant U.S. Attorney Heather C. Gorman of the Environmental and Community Safety Crimes Section.
Northern elephant seals are found along North America’s Pacific coast, with a range that stretches as far north as Alaska and as far south as Mexico. Large gatherings of the seals — including adult males that can weigh up to 4,400 pounds and reach 19 feet in length — are typically found along the Pacific coast in areas called rookeries.
Rookeries are typically populated year-round though numbers can vary based on breeding and molting cycles for the seals, which are protected under the Marine Mammal Protection Act.
Northern elephant seals — scientific name Mirounga angustirostris — typically spend nine months of each year in the ocean, dining mainly on squid and fish. When the elephant seals arrive at their breeding beaches in Mexico and California, adult males can be seen fighting each other and producing loud nasal calls to establish dominance.
The main threats faced by the mammals include becoming entangled in fishing gear and being struck by ocean vessels.


Railroad Strike

LINCOLN , Neb .
— Union Pacific Railroad wants a federal judge to block the union for its maintenance workers @ @ @ @ @ demands for more paid Covid leave , since the parties are actively negotiating a collective @ @ @

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.


Inmate Covid

SAN DIEGO — The ACLU wants details on a Covid outbreak in San Diego County jails , eyeing an inmate @ @ @ @ @ for neighboring Orange County jails .


Drilling Alaska

ANCHORAGE — Conservationists sued the Trump administration Monday challenging its greenlighting of ConocoPhillips ’ massive oil-drilling project that , if @ @ @ @ @ half of Alaska North Slope oil produced to the detriment of caribou , polar bears @ @ @ @ @ environment .


Top Eight

Your Monday night briefing from the staff of Courthouse News Top eight stories for today including a potentially dangerous mutation of the novel coronavirus found to be spreading rapidly in the United Kingdom is causing alarm across the world ; House Democrats claim Trump administration health officials tried to bury alarming information in scientific reports on the outbreak ; The House and Senate are set to vote on a $ 900 billion coronavirus stimulus package , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your @ @ @ @ @ @ @ ) The Democratic leader of a House panel overseeing the federal government ’ s response to the Covid-19 pandemic said Monday that Trump administration health officials tried to bury alarming information in scientific reports on the outbreak .
2 . )
With 30 days remaining until he is inaugurated , President-elect Joe Biden on Monday received his first dose of vaccine against Covid-19 .
3 . )
Maybe looking for a Christmas miracle , President Donald Trump petitioned the U.S. Supreme Court on another of his unsuccessful challenges to his 2020 election loss @ @ @ @ @ @ @ governing mail-in Pennsylvania ballots .
4 . )
The House and Senate are set to vote late Monday on a $ 900 billion coronavirus stimulus package that includes direct payments to most Americans and more funding for state and local governments .
5 . )
During the pandemic , Colorado ’ s gone to pot .
Between January and October , the Colorado Department of Revenue reported the state marijuana industry sold $ 1.8 billion worth of marijuana , surpassing last year ’ s total sales .
6 . )
A restaurant owner @ @ @ @ @ @ @ ’ s dining area operating next to the patio she was forced to close sued California officials in federal court Sunday aiming to overturn the outdoor dining ban part of state orders meant to curb Covid-19 transmission .
7 . )
A potentially dangerous mutation of the novel coronavirus found to be spreading rapidly in the United Kingdom is causing alarm across the world and prompting countries to close off travel with Britain .
8 . )
As Covid-19 continues to plague the world , scientists on Monday revealed new insights into the @ @ @ @ @ @ @ from it helped guide modern medicine to a vaccine for the latest virus .

Top eight stories for today including a potentially dangerous mutation of the novel coronavirus found to be spreading rapidly in the United Kingdom is causing alarm across the world; House Democrats claim Trump administration health officials tried to bury alarming information in scientific reports on the outbreak; The House and Senate are set to vote on a $900 billion coronavirus stimulus package, and more.
Your Monday night briefing from the staff of Courthouse News
Top eight stories for today including a potentially dangerous mutation of the novel coronavirus found to be spreading rapidly in the United Kingdom is causing alarm across the world; House Democrats claim Trump administration health officials tried to bury alarming information in scientific reports on the outbreak; The House and Senate are set to vote on a $900 billion coronavirus stimulus package, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) The Democratic leader of a House panel overseeing the federal government’s response to the Covid-19 pandemic said Monday that Trump administration health officials tried to bury alarming information in scientific reports on the outbreak.
President Donald Trump watches as Dr. Robert Redfield, director of the Centers for Disease Control and Prevention, holds up his face covering as he speaks about the coronavirus in the James Brady Press Briefing Room of the White House, Wednesday, April 22, 2020, in Washington. (AP Photo/Alex Brandon)
2.) With 30 days remaining until he is inaugurated, President-elect Joe Biden on Monday received his first dose of vaccine against Covid-19.
This screenshot from C-SPAN video shows President-elect Joe Biden getting the vaccine against the novel coronavirus on Monday, Dec. 21, in Delaware. (Image via Courthouse News)
3.) Maybe looking for a Christmas miracle, President Donald Trump petitioned the U.S. Supreme Court on another of his unsuccessful challenges to his 2020 election loss, this one focused on the law governing mail-in Pennsylvania ballots.
In this Nov. 14., 2020, file photo supporters of President Donald Trump attend pro-Trump marches outside the Supreme Court Building in Washington. (AP Photo/Jacquelyn Martin, File)
4.) The House and Senate are set to vote late Monday on a $900 billion coronavirus stimulus package that includes direct payments to most Americans and more funding for state and local governments.
U.S. Capitol Christmas Tree is seen at the U.S. Capitol at night after negotiators sealed a deal for COVID relief Sunday, Dec. 20, 2020, in Washington. Top Capitol Hill negotiators sealed a deal Sunday on an almost $1 trillion COVID-19 economic relief package, finally delivering long-overdue help to businesses and individuals and providing money to deliver vaccines to a nation eager for them. (AP Photo/Jose Luis Magana.
Regional
5.) During the pandemic, Colorado’s gone to pot. Between January and October, the Colorado Department of Revenue reported the state marijuana industry sold $1.8 billion worth of marijuana, surpassing last year’s total sales.
Signs at a cannabis dispensary on Denver’s South Broadway announce the business is open during the Covid pandemic. (Courthouse News photo / Amanda Pampuro)
6.) A restaurant owner whose viral video showed a film production’s dining area operating next to the patio she was forced to close sued California officials in federal court Sunday aiming to overturn the outdoor dining ban part of state orders meant to curb Covid-19 transmission.
Patrons eat lunch outside of Settebello Pizzeria Napoletana Tuesday, Dec. 1, 2020, in Pasadena, Calif. Pasadena has become an island in the center of the nation's most populous county, where a surge of COVID-19 cases last week led to a three-week end to outdoor dining and California's first stay-home order since the pandemic began to spread across the state in March. (AP Photo/Marcio Jose Sanchez)
International
7.) A potentially dangerous mutation of the novel coronavirus found to be spreading rapidly in the United Kingdom is causing alarm across the world and prompting countries to close off travel with Britain.
A police officer directs traffic at the entrance to the closed ferry terminal in Dover, England, Monday, Dec. 21, 2020, after the Port of Dover was closed and access to the Eurotunnel terminal suspended following the French government's announcement. France banned all travel from the UK for 48 hours from midnight Sunday, including trucks carrying freight through the tunnel under the English Channel or from the port of Dover on England's south coast. (AP Photo/Kirsty Wigglesworth)
8.) As Covid-19 continues to plague the world, scientists on Monday revealed new insights into the now-eradicated smallpox virus and how lessons learned from it helped guide modern medicine to a vaccine for the latest virus.


courthousenews--2020-12-21--Arkansas Providers Make Last-Ditch Effort to Block Abortion Restrictions

LITTLE ROCK , Ark .
( CN ) — The federal judge who temporarily blocked enforcement of a set of Arkansas abortion restrictions is once again being asked to rule on whether the four anti-abortion laws tangled up in court for years should finally take effect as early as Tuesday .
The Monday morning filing from the ACLU and the Center for Reproductive Rights comes less than a week after the Eighth Circuit declined to rehear the case following its August decision clearing the way for some of the nation ’ s most restrictive abortion laws to be reinstated .
@ @ @ @ @ @ @ years-long controversy , passed by Arkansas ’ Republican-dominated Legislature in 2017 , include a ban on a common second-trimester procedure known as dilation-and-evacuation , and also alter the standards for proper disposal of dead fetuses .
They would leave Arkansas , named last week as the “ most pro-life state in America ” by the anti-abortion advocacy group Americans United for Life , with even fewer options for abortion care .
The laws would also result in the Little Rock doctor who brought the lawsuit being forced to turn away at least eight @ @ @ @ @ @ @ days , according to the petition for emergency relief .
“ All of these patients will be denied their constitutional right to obtain an abortion while these laws are in effect , and their care will be delayed or denied , pushing patients further into their pregnancies , creating medical risks , ” the five-page petition states .
“ This is a quintessential example of immediate and irreparable harm.
” U.S. District Judge Kristine Baker , a Barack Obama appointee , issued a preliminary injunction blocking Arkansas officials from enforcing the restrictions in @ @ @ @ @ @ @ passed more abortion restrictions than any other statehouse in the country .
But that ruling was vacated by a three-judge panel of the Eighth Circuit earlier this year after Arkansas Solicitor General Nicholas Bronni successfully argued that the lower court ’ s injunction “ ignored Arkansas ’ interests in protecting life and health benefits.
” Jenny Ma , a senior staff attorney at the Center for Reproductive Rights , said the group will exhaust all legal options to ensure that all of the challenged laws remain blocked .
“ Not only are these @ @ @ @ @ @ @ effect , they will unnecessarily expose pregnant people to severe and unwarranted harm , ” Ma said in a statement .
“ If a pregnant person is in an abusive relationship or has a hostile home environment , the law requiring clinics to inform a patient ’ s partner or family of their abortion could seriously threaten their safety .
And that ’ s just one of the laws.
” In an email exchange with attorneys from the ACLU over the weekend , Bronni , the state ’ s solicitor general , dismissed @ @ @ @ @ @ @ enforcement of the four laws during litigation should be preserved .
“ The status quo is that duly enacted laws go into effect , and you haven ’ t suggested any reason that wouldn ’ t be true here , ” Bronni wrote to the attorneys in the email .
“ I don ’ t see anything below that explains why plaintiff thinks Arkansas ’ s laws protecting young girls from predators and sex traffickers , protecting unborn girls from systematic discrimination , requiring the respectful treatment of human remains , or barring @ @ @ @ @ @ @ unborn child are unconstitutional.
” Bronni also took issue with the timing of the emergency petition , writing in an opposition brief on Monday that the filings “ appear to be part of a troubling pattern of seeking emergency relief near important religious occasions.
” He also argued that the federal district court “ must strictly obey the Eighth Circuit ’ s mandate , ” expected to be issued by Tuesday .

The federal judge who temporarily blocked enforcement of a set of Arkansas abortion restrictions is once again being asked to rule on whether the four anti-abortion laws tangled up in court for years should finally take effect as early as Tuesday.
LITTLE ROCK, Ark. (CN) — The federal judge who temporarily blocked enforcement of a set of Arkansas abortion restrictions is once again being asked to rule on whether the four anti-abortion laws tangled up in court for years should finally take effect as early as Tuesday.
The Monday morning filing from the ACLU and the Center for Reproductive Rights comes less than a week after the Eighth Circuit declined to rehear the case following its August decision clearing the way for some of the nation’s most restrictive abortion laws to be reinstated.
The laws at the center of the years-long controversy, passed by Arkansas’ Republican-dominated Legislature in 2017, include a ban on a common second-trimester procedure known as dilation-and-evacuation, and also alter the standards for proper disposal of fetal tissue.
They would leave Arkansas, named last week as the “most pro-life state in America” by the anti-abortion advocacy group Americans United for Life, with even fewer options for abortion care. The laws would also result in the Little Rock doctor who brought the lawsuit being forced to turn away at least eight patients from his clinic in the coming days, according to the petition for emergency relief.
“All of these patients will be denied their constitutional right to obtain an abortion while these laws are in effect, and their care will be delayed or denied, pushing patients further into their pregnancies, creating medical risks,” the five-page petition states. “This is a quintessential example of immediate and irreparable harm.”
U.S. District Judge Kristine Baker, a Barack Obama appointee, issued a preliminary injunction blocking Arkansas officials from enforcing the restrictions in July 2017, the year that Arkansas passed more abortion restrictions than any other statehouse in the country. But that ruling was vacated by a three-judge panel of the Eighth Circuit earlier this year after Arkansas Solicitor General Nicholas Bronni successfully argued that the lower court’s injunction “ignored Arkansas’ interests in protecting life and health benefits.”
Jenny Ma, a senior staff attorney at the Center for Reproductive Rights, said the group will exhaust all legal options to ensure that all of the challenged laws remain blocked.
“Not only are these laws unconstitutional, if they go into effect, they will unnecessarily expose pregnant people to severe and unwarranted harm,” Ma said in a statement. “If a pregnant person is in an abusive relationship or has a hostile home environment, the law requiring clinics to inform a patient’s partner or family of their abortion could seriously threaten their safety. And that’s just one of the laws.”
In an email exchange with attorneys from the ACLU over the weekend, Bronni, the state’s solicitor general, dismissed the notion that the status quo prohibiting enforcement of the four laws during litigation should be preserved.
“The status quo is that duly enacted laws go into effect, and you haven’t suggested any reason that wouldn’t be true here,” Bronni wrote to the attorneys in the email. “I don’t see anything below that explains why plaintiff thinks Arkansas’s laws protecting young girls from predators and sex traffickers, protecting unborn girls from systematic discrimination, requiring the respectful treatment of human remains, or barring a particularly barbaric manner of killing an unborn child are unconstitutional.”
Bronni also took issue with the timing of the emergency petition, writing in an opposition brief on Monday that the filings “appear to be part of a troubling pattern of seeking emergency relief near important religious occasions.” He also argued that the federal district court “must strictly obey the Eighth Circuit’s mandate,” expected to be issued by Tuesday.
Baker scheduled a telephonic hearing for Tuesday.


courthousenews--2020-12-21--Judge Asked to Sign Off on $641M Settlement in Flint Water Crisis

DETROIT ( CN ) — Attorneys urged a federal judge Monday to grant preliminary approval of a massive settlement benefitting Flint residents poisoned by contaminated water , as local government officials wrestle with accepting their part of the deal .
More than 100 attorneys were present at the hearing but only a handful spoke and debated the merits of the agreement that would compensate thousands of victims for the injuries caused by the presence of lead in the city ’ s drinking water supply .
U.S. District Judge Judith Levy , a Barack Obama appointee , said the $ 641 @ @ @ @ @ @ @ settlement I ’ ve ever seen.
” Attorney Ted Leopold , co-lead counsel for the plaintiffs , told the judge he had “ worked harder on this case than any other.
” Leopold stressed that while the victims included in the deal would be treated fairly , he acknowledged there could be intense negotiations in future litigation with other groups .
Attorney Corey Stern , appointed to represent individual claimants , said he had 5,000 clients , 2,700 of whom are children .
While the settlement isn ’ t perfect , he said @ @ @ @ @ @ @ Stern said the hundreds of millions of dollars that would be paid to victims would quickly be reinvested in the city and flow through the community .
He also said it was just the beginning .
“ $ 641 million is a significant amount of money , but more is coming , ” he said .
But attorney Todd Weglarz , who represents residents who contracted Legionnaires ’ disease caused by low chlorine levels in the municipal water system , expressed concern about the allocation of funds .
“ It ’ s impossible @ @ @ @ @ @ @ to get , ” he said .
Miriam Wolock , appointed by the court as guardian ad litem to review the settlement , methodically went through the details .
She said the process to appoint a representative for child victims was consistent with court rules and noted that there was even an “ other ” provision for children who could not be categorized easily and required representation .
Wolock also said there were “ multiple layers of protection ” for minor claimants .
If they were awarded less than $ 5,000 , the @ @ @ @ @ @ @ .
If the payment is higher than $ 5,000 , it could go to a special needs trust , a settlement preservation trust or a structured settlement .
“ It ’ s fair and in the best interests ” of the victims , she told Levy .
The judge said she would try to have an opinion ready by mid-January but cautioned that it could be delayed by further negotiation .
On Thursday , Flint City Council members voted to hire their own attorney to advise them on the settlement and handle any @ @ @ @ @ @ @ The council postponed a vote to approve the use of $ 20 million from an insurance carrier to pay their share of the settlement as members expressed apprehension about leaving any victims behind .
They have until Dec. 31 to decide .
First Ward Councilman Eric Mays told MLive.com that the settlement “ could leave so many people out , ” saying it shouldn ’ t be forced “ down our throats.
” Flint still faces more than 100 lawsuits that could strain its finances to a breaking point if they ’ re @ @ @ @ @ @ @ the city could face bankruptcy and urged the members to vote yes on the settlement .
“ We definitely don ’ t want to miss the opportunity for residents to receive the benefit of the $ 20 million , non-taxpayer dollars , to be added to the total sum , ” he told Michigan Radio .
“ The state has made it clear that they will be moving forward without us , without the $ 20 million , if the council does not give an affirmative vote .
And that ’ s the @ @ @ @ @ @ @ Flint City Council President Kate Fields said she planned to vote to approve the settlement .
One of the largest in state history , the preliminary settlement proposed payments for Flint citizens and businessowners affected by poisoned water from a $ 600 million fund and promised 80 % of the money would be directed to victims who were under 18 years old at the time of the crisis .
Under the terms of the updated settlement , 79.5 % of the funds will be apportioned to minor children and a $ 35 million @ @ @ @ @ @ @ claimants .
Adult victims and property damage claims will account for 18 % of the money and less than 1 % is allocated for business losses .
Another 2 % will be used for a dedicated fund to offer special education to those who developed long-term neurological damage from the dirty water .
Last week , Michigan legislators cemented a plan to borrow $ 600 million to finance the state ’ s portion of the proposed agreement .
Democratic Governor Gretchen Whitmer indicated she approved of the plan that authorizes a loan from @ @ @ @ @ @ @ lead contamination crisis began when a state-appointed emergency manager switched the city ’ s drinking water supply from Lake Huron water treated in Detroit to Flint River water treated at the Flint Water Treatment Plant .
Michigan Department of Environmental Quality officials admitted they failed to require corrosion-control chemicals as part of the water treatment process .
Flint recently announced the completion of its lead and copper testing required under the federal Safe Drinking Water Act more than a month ahead of schedule .
“ The team truly came together to overcome all @ @ @ @ @ @ @ ” Mayor Neeley said in a statement .
“ We will continue moving forward in a positive direction on behalf of the residents of the city of Flint .
”

Attorneys urged a federal judge Monday to grant preliminary approval of a massive settlement benefitting Flint residents poisoned by contaminated water, as local government officials wrestle with accepting their part of the deal.
DETROIT (CN) — Attorneys urged a federal judge Monday to grant preliminary approval of a massive settlement benefitting Flint residents poisoned by contaminated water, as local government officials wrestle with accepting their part of the deal.
More than 100 attorneys were present at the hearing but only a handful spoke and debated the merits of the agreement that would compensate thousands of victims for the injuries caused by the presence of lead in the city’s drinking water supply.
U.S. District Judge Judith Levy, a Barack Obama appointee, said the $641 million agreement is the “most complex settlement I’ve ever seen.”
Attorney Ted Leopold, co-lead counsel for the plaintiffs, told the judge he had “worked harder on this case than any other.” Leopold stressed that while the victims included in the deal would be treated fairly, he acknowledged there could be intense negotiations in future litigation with other groups.
Attorney Corey Stern, appointed to represent individual claimants, said he had 5,000 clients, 2,700 of whom are children. While the settlement isn’t perfect, he said, it has his full support.
Stern said the hundreds of millions of dollars that would be paid to victims would quickly be reinvested in the city and flow through the community. He also said it was just the beginning.
“$641 million is a significant amount of money, but more is coming,” he said.
But attorney Todd Weglarz, who represents residents who contracted Legionnaires’ disease caused by low chlorine levels in the municipal water system, expressed concern about the allocation of funds.
“It’s impossible to tell what living victims are going to get,” he said.
Miriam Wolock, appointed by the court as guardian ad litem to review the settlement, methodically went through the details. She said the process to appoint a representative for child victims was consistent with court rules and noted that there was even an “other” provision for children who could not be categorized easily and required representation.
Wolock also said there were “multiple layers of protection” for minor claimants. If they were awarded less than $5,000, the money would be paid to a conservator. If the payment is higher than $5,000, it could go to a special needs trust, a settlement preservation trust or a structured settlement.
“It’s fair and in the best interests” of the victims, she told Levy.
The judge said she would try to have an opinion ready by mid-January but cautioned that it could be delayed by further negotiation.
On Thursday, Flint City Council members voted to hire their own attorney to advise them on the settlement and handle any of their objections with the court. The council postponed a vote to approve the use of $20 million from an insurance carrier to pay their share of the settlement as members expressed apprehension about leaving any victims behind. They have until Dec. 31 to decide.
First Ward Councilman Eric Mays told MLive.com that the settlement “could leave so many people out,” saying it shouldn’t be forced “down our throats.”
Flint still faces more than 100 lawsuits that could strain its finances to a breaking point if they’re not resolved. Mayor Sheldon Neeley said the city could face bankruptcy and urged the members to vote yes on the settlement.
"We definitely don't want to miss the opportunity for residents to receive the benefit of the $20 million, non-taxpayer dollars, to be added to the total sum,” he told Michigan Radio. “The state has made it clear that they will be moving forward without us, without the $20 million, if the council does not give an affirmative vote. And that's the only issue before the city council."
Flint City Council President Kate Fields said she planned to vote to approve the settlement.
One of the largest in state history, the preliminary settlement proposed payments for Flint citizens and businessowners affected by poisoned water from a $600 million fund and promised 80% of the money would be directed to victims who were under 18 years old at the time of the crisis.
Under the terms of the updated settlement, 79.5% of the funds will be apportioned to minor children and a $35 million fund will be established for future minor claimants. Adult victims and property damage claims will account for 18% of the money and less than 1% is allocated for business losses. Another 2% will be used for a dedicated fund to offer special education to those who developed long-term neurological damage from the dirty water.
Last week, Michigan legislators cemented a plan to borrow $600 million to finance the state's portion of the proposed agreement. Democratic Governor Gretchen Whitmer indicated she approved of the plan that authorizes a loan from a state economic development fund.
The lead contamination crisis began when a state-appointed emergency manager switched the city’s drinking water supply from Lake Huron water treated in Detroit to Flint River water treated at the Flint Water Treatment Plant. Michigan Department of Environmental Quality officials admitted they failed to require corrosion-control chemicals as part of the water treatment process.
Flint recently announced the completion of its lead and copper testing required under the federal Safe Drinking Water Act more than a month ahead of schedule.
“The team truly came together to overcome all obstacles and successfully complete this testing,” Mayor Neeley said in a statement. “We will continue moving forward in a positive direction on behalf of the residents of the city of Flint.”


courthousenews--2020-12-21--Restaurateur in Viral Video Sues California Over Outdoor Dining Ban

LOS ANGELES ( CN ) — A restaurant owner whose viral video showed a film production ’ s dining area operating next to the patio she was forced to close sued California officials in federal court Sunday aiming to overturn the outdoor dining ban part of state orders meant to curb Covid-19 transmission .
Like many restaurants in Los Angeles County , Pineapple Hill Saloon and Grill in Sherman Oaks modified dining operations multiple times this year to comply with public health guidelines .
State officials have forced restaurants and other dining establishments to close entirely at times when Covid-19 @ @ @ @ @ @ @ the state may have been allowed to partially reopen later only to then be limited again to takeout or delivery when their regional hospital capacity triggered new restrictions .
Such was the case when Governor Gavin Newsom issued a regional stay-at-home order this month , putting LA County restaurants under tighter restrictions including a total ban on outdoor dining .
Shortly after Newsom ’ s order was issued , Angela Marsden , principal owner of Pineapple Hill , filmed herself decrying the juxtaposition of her shuttered dining patio next to a functioning NBC @ @ @ @ @ @ @ .
Her video expressing frustration with state officials went viral and led to tens of thousands of dollars in donations to the restaurant .
Pineapple Hill and owners Calm Ventures say in their federal lawsuit the outdoor dining ban should be overturned because it fails to show how it stems viral spread .
“ While ‘ essential ’ businesses continue to operate , and indeed , turn a profit ( if not historical profits ) during this time of crisis , plaintiff ’ s “ non-essential ” restaurant business that was forced to @ @ @ @ @ @ @ this pandemic , and now can not even operate in outdoor form , has suffered immensely and continues to suffer while other non-essential businesses have been allowed to open , ” the restaurateurs say in their complaint .
Pineapple Hill ’ s outdoor dining should resume because the U.S. Centers for Disease Control and Prevention has said risk of viral spread can be mitigated by separating tables and because very few Covid-19 infections have resulted from outdoor dining , the plaintiffs say .
LA County health officials have said in court proceedings the @ @ @ @ @ @ @ maskless people sit across from each other at a table , especially when members of different households mix while dining .
The lawsuit filed in the Central District of California also claims Newsom has doled out special exemptions to health orders for the film production industry .
Newsom faced criticism recently after being photographed dining indoors at the famed Napa Valley eatery French Laundry with a crowd of people including prominent lobbyists from California ’ s medical industry .
At the time , only outdoor dining was allowed under the previous iteration of @ @ @ @ @ @ @ for Newsom ’ s office did not immediately respond to a request for comment on the lawsuit .
California Attorney General Xavier Becerra and acting State Public Health Officer Erica S. Pan are also named defendants .
The plaintiffs are represented by Mark Geragos in Los Angeles and Harmeet Dhillon in San Francisco .
The state ’ s stay-at-home order for Southern California will be lifted if its regional ICU capacity remains at 15 % or above for four weeks .
The region ’ s current ICU capacity is 0 % , according @ @ @ @ @ @ @ Superior Court Judge James C. Chalfant recently overturned the county ’ s ban on restaurants serving guests outdoors , saying the Nov. 25 order was arbitrary , failed to consider its economic impact and was backed by weak scientific evidence .
Chalfant ’ s ruling doesn ’ t supersede the state ’ s regional stay-at-home order , meaning an outdoor dining ban is still in effect in LA County .
The Second Appellate District , however , stayed his ruling on Dec. 18 and ordered the parties to show why it shouldn ’ @ @ @ @ @ @ @ are due Jan. 4 .

A restaurant owner whose viral video showed a film production’s dining area operating next to the patio she was forced to close sued California officials in federal court Sunday aiming to overturn the outdoor dining ban part of state orders meant to curb Covid-19 transmission.
LOS ANGELES (CN) — A restaurant owner whose viral video showed a film production’s dining area operating next to the patio she was forced to close sued California officials in federal court Sunday aiming to overturn the outdoor dining ban part of state orders meant to curb Covid-19 transmission.
Like many restaurants in Los Angeles County, Pineapple Hill Saloon and Grill in Sherman Oaks modified dining operations multiple times this year to comply with public health guidelines.
State officials have forced restaurants and other dining establishments to close entirely at times when Covid-19 was widespread. Restaurants in parts of the state may have been allowed to partially reopen later only to then be limited again to takeout or delivery when their regional hospital capacity triggered new restrictions.
Such was the case when Governor Gavin Newsom issued a regional stay-at-home order this month, putting LA County restaurants under tighter restrictions including a total ban on outdoor dining.
Shortly after Newsom’s order was issued, Angela Marsden, principal owner of Pineapple Hill, filmed herself decrying the juxtaposition of her shuttered dining patio next to a functioning NBC Universal production’s outdoor dining area. Her video expressing frustration with state officials went viral and led to tens of thousands of dollars in donations to the restaurant.
Pineapple Hill and owners Calm Ventures say in their federal lawsuit the outdoor dining ban should be overturned because it fails to show how it stems viral spread.
“While ‘essential’ businesses continue to operate, and indeed, turn a profit (if not historical profits) during this time of crisis, plaintiff’s “non-essential” restaurant business that was forced to evolve into an outdoor dining restaurant during this pandemic, and now cannot even operate in outdoor form, has suffered immensely and continues to suffer while other non-essential businesses have been allowed to open,” the restaurateurs say in their complaint.
Pineapple Hill’s outdoor dining should resume because the U.S. Centers for Disease Control and Prevention has said risk of viral spread can be mitigated by separating tables and because very few Covid-19 infections have resulted from outdoor dining, the plaintiffs say.
LA County health officials have said in court proceedings the risk of Covid-19 transmission is elevated when maskless people sit across from each other at a table, especially when members of different households mix while dining.
The lawsuit filed in the Central District of California also claims Newsom has doled out special exemptions to health orders for the film production industry.
Newsom faced criticism recently after being photographed dining indoors at the famed Napa Valley eatery French Laundry with a crowd of people including prominent lobbyists from California’s medical industry. At the time, only outdoor dining was allowed under the previous iteration of the Covid-19 health orders.
A spokesperson for Newsom’s office did not immediately respond to a request for comment on the lawsuit.
California Attorney General Xavier Becerra and acting State Public Health Officer Erica S. Pan are also named defendants.
The plaintiffs are represented by Mark Geragos in Los Angeles and Harmeet Dhillon in San Francisco.
The state’s stay-at-home order for Southern California will be lifted if its regional ICU capacity remains at 15% or above for four weeks. The region’s current ICU capacity is 0%, according to state health data.
LA County Superior Court Judge James C. Chalfant recently overturned the county’s ban on restaurants serving guests outdoors, saying the Nov. 25 order was arbitrary, failed to consider its economic impact and was backed by weak scientific evidence. Chalfant’s ruling doesn’t supersede the state’s regional stay-at-home order, meaning an outdoor dining ban is still in effect in LA County.
The Second Appellate District, however, stayed his ruling on Dec. 18 and ordered the parties to show why it shouldn't be struck down. Preliminary replies are due Jan. 4.


courthousenews--2020-12-21--Live for Cameras, Biden Gets 1st Vaccine Dose to Beat Pandemic

WASHINGTON ( CN ) — With 30 days remaining until he is inaugurated , President-elect Joe Biden on Monday received his first dose of vaccine against Covid-19 .
Medical workers gave Biden the Pfizer-BioNtech vaccine , which is 95 % effective against the novel coronavirus , at ChristianaCare Hospital in Newark , Delaware .
Pfizer ’ s was the first to receive emergency use authorization from the U.S. Food and Drug Administration .
The second occurred last week when Moderna ’ s vaccine , considered 94.1 % effective , was approved for emergency use .
The future first lady , @ @ @ @ @ @ @ course of the Pfizer-BioNtech Covid-19 vaccine earlier Monday .
“ She loves shots , I know , ” the president-elect joked this afternoon , grasping his wife ’ s hand .
Last week , Vice President Mike Pence ; his wife , Karen Pence ; and Surgeon General Jerome Adams were also vaccinated before cameras .
President Donald Trump , who contracted the novel coronavirus October , has not been publicly vaccinated .
Pfizer-BioNtech require that their two doses of the vaccine be administered over two visits weeks apart .
The president-elect will @ @ @ @ @ @ @ President-elect Kamala Harris and her husband , Doug Emhoff , are scheduled to receive their first Covid-19 inoculations next week .
The Biden-Harris transition team explained last week that it was staggering the shots as a safety precaution , so the whole campaign would not be left hamstrung if the injection happened to cause any unexpected reactions .
Biden ’ s inoculation was televised , a maneuver that his campaign hopes will instill confidence in the vaccine ’ s efficacy and safety .
“ We owe these folks an awful lot , ” @ @ @ @ @ @ @ down his sleeve after getting the shot in his left arm .
“ The scientists and the people who put this together , frontline workers , people who were the ones who actually did the clinical work , it ’ s just amazing.
” Biden since his election in November has touted his administration ’ s willingness to work for “ all Americans , ” regardless of whether they voted for him in November .
Amplifying that call for unity in Delaware on Monday , the president-elect lauded Operation Warp Speed , the @ @ @ @ @ @ @ President Donald Trump .
“ I think that the administration deserves some credit , getting this off the ground with Operation Warp Speed , ” he said .
“ I also think that it ’ s worth saying that this is great hope of doing this to demonstrate that people should be prepared when it ’ s available to take the vaccine.
” As cases of Covid-19 accelerate through the winter holidays , Biden warned against travel and reiterated a need to wear masks .
As of Monday , more than 17 million @ @ @ @ @ @ @ infected with the respiratory virus and 317,000 have died , according to the Johns Hopkins coronavirus resource tracker .

With 30 days remaining until he is inaugurated, President-elect Joe Biden on Monday received his first dose of vaccine against Covid-19.
WASHINGTON (CN) — With 30 days remaining until he is inaugurated, President-elect Joe Biden on Monday received his first dose of vaccine against Covid-19.
Medical workers gave Biden the Pfizer-BioNtech vaccine, which is 95% effective against the novel coronavirus, at ChristianaCare Hospital in Newark, Delaware. Pfizer’s was the first to receive emergency use authorization from the U.S. Food and Drug Administration. The second occurred last week when Moderna’s vaccine, considered 94.1% effective, was approved for emergency use.
The future first lady, Jill Biden, already received the first course of the Pfizer-BioNtech Covid-19 vaccine earlier Monday. "She loves shots, I know," the president-elect joked this afternoon, grasping his wife's hand.
Last week, Vice President Mike Pence; his wife, Karen Pence; and Surgeon General Jerome Adams were also vaccinated before cameras. President Donald Trump, who contracted the novel coronavirus October, has not been publicly vaccinated.
Pfizer-BioNtech require that their two doses of the vaccine be administered over two visits weeks apart. The president-elect will receive his second dose soon while Vice President-elect Kamala Harris and her husband, Doug Emhoff, are scheduled to receive their first Covid-19 inoculations next week.
The Biden-Harris transition team explained last week that it was staggering the shots as a safety precaution, so the whole campaign would not be left hamstrung if the injection happened to cause any unexpected reactions.
Biden’s inoculation was televised, a maneuver that his campaign hopes will instill confidence in the vaccine’s efficacy and safety.
“We owe these folks an awful lot,” the masked-up president-elect said as he rolled down his sleeve after getting the shot in his left arm. “The scientists and the people who put this together, frontline workers, people who were the ones who actually did the clinical work, it's just amazing.”
Biden since his election in November has touted his administration’s willingness to work for “all Americans,” regardless of whether they voted for him in November. Amplifying that call for unity in Delaware on Monday, the president-elect lauded Operation Warp Speed, the vaccine coordination and deployment effort started under President Donald Trump.
“I think that the administration deserves some credit, getting this off the ground with Operation Warp Speed,” he said. “I also think that it's worth saying that this is great hope of doing this to demonstrate that people should be prepared when it's available to take the vaccine."
As cases of Covid-19 accelerate through the winter holidays, Biden warned against travel and reiterated a need to wear masks. As of Monday, more than 17 million people in the United States have been infected with the respiratory virus and 317,000 have died, according to the Johns Hopkins coronavirus resource tracker.


courthousenews--2020-12-21--Three Centuries of Smallpox Records Offer Insights on Progression of Infectious Diseases

CN ) — Smallpox , responsible for the deaths of millions over three millennia , was declared eradicated 40 years ago .
As Covid-19 continues to plague the world , scientists on Monday revealed new insights into smallpox and how lessons learned from it helped guide modern medicine to a vaccine for the latest virus .
In a study published in the journal PLOS Biology , researchers Olga Krylova of the Canadian Institute for Health Information and David Earn of McMaster University in Canada , looked at historical records of smallpox outbreaks in London and how they relate to Covid-19 @ @ @ @ @ @ @ and make publicly available the weekly time series of smallpox mortality in London , and to identify historical events that might have influenced smallpox dynamics over the centuries , ” Earn said in a statement .
The researchers examined some 13,000 smallpox mortality records from 1664 to 1930 .
What they discovered was that the outbreaks did not adhere to any sort of pattern .
“ The time between epidemics , the size of the outbreaks and even the season when the epidemics occurred changed over the centuries , ” the authors said @ @ @ @ @ @ @ , smallpox is frequently fatal .
And those who managed to survive often suffered lifelong effects including blindness and disfigurement .
According to the study , smallpox is believed to have killed more people than any other infectious disease , including up to 300 million worldwide in the 20th century alone .
Before the discovery of the smallpox vaccine in 1796 , people subjected themselves to variolation , the act of introducing a small amount of a virus into a person ’ s system in order to gain immunity to it .
The @ @ @ @ @ @ @ has reemerged with Covid-19 as a side-effect of wearing masks .
The scientists noted that “ smallpox changed from a terrifying and unavoidable danger to an easily preventable infection.
” They said vaccination helped to greatly decrease mortality numbers , along with “ better control measures.
” In addition to recording the mortality records , the researchers also digitized the information so that other scientists and health professionals can more easily observe the historical data and use it in their own research .
“ Our goal in this paper has been to describe @ @ @ @ @ @ @ weekly time series of smallpox mortality in London , and to present information on a variety of historical factors that might have influenced smallpox dynamics over the centuries , ” the authors wrote in the study .
Smallpox remains one of only two infectious diseases to have been eradicated by human efforts , and 2020 marked the 40th anniversary of the official demise of the disease .
The study comes after the U.S. Food and Drug Administration approved two Covid-19 vaccines from German company Pfizer and American biotech company Moderna .
More than @ @ @ @ @ @ @ the coronavirus , while over 310,000 have died from it .

Smallpox, responsible for the deaths of millions over three millennia, was declared eradicated 40 years ago. As Covid-19 continues to plague the world, scientists on Monday revealed new insights into smallpox and how lessons learned from it helped guide modern medicine to a vaccine for the latest virus.
CN) — Smallpox, responsible for the deaths of millions over three millennia, was declared eradicated 40 years ago. As Covid-19 continues to plague the world, scientists on Monday revealed new insights into smallpox and how lessons learned from it helped guide modern medicine to a vaccine for the latest virus.
In a study published in the journal PLOS Biology, researchers Olga Krylova of the Canadian Institute for Health Information and David Earn of McMaster University in Canada, looked at historical records of smallpox outbreaks in London and how they relate to Covid-19.
"Our goal was to describe and make publicly available the weekly time series of smallpox mortality in London, and to identify historical events that might have influenced smallpox dynamics over the centuries," Earn said in a statement.
The researchers examined some 13,000 smallpox mortality records from 1664 to 1930. What they discovered was that the outbreaks did not adhere to any sort of pattern.
“The time between epidemics, the size of the outbreaks and even the season when the epidemics occurred changed over the centuries,” the authors said.
In addition to being highly contagious, smallpox is frequently fatal. And those who managed to survive often suffered lifelong effects including blindness and disfigurement. According to the study, smallpox is believed to have killed more people than any other infectious disease, including up to 300 million worldwide in the 20th century alone.
Before the discovery of the smallpox vaccine in 1796, people subjected themselves to variolation, the act of introducing a small amount of a virus into a person’s system in order to gain immunity to it. The researchers note that the idea of variolation has reemerged with Covid-19 as a side-effect of wearing masks.
The scientists noted that “smallpox changed from a terrifying and unavoidable danger to an easily preventable infection.” They said vaccination helped to greatly decrease mortality numbers, along with “better control measures.”
In addition to recording the mortality records, the researchers also digitized the information so that other scientists and health professionals can more easily observe the historical data and use it in their own research.
“Our goal in this paper has been to describe — and make publicly available — the weekly time series of smallpox mortality in London, and to present information on a variety of historical factors that might have influenced smallpox dynamics over the centuries,” the authors wrote in the study.
Smallpox remains one of only two infectious diseases to have been eradicated by human efforts, and 2020 marked the 40th anniversary of the official demise of the disease.
The study comes after the U.S. Food and Drug Administration approved two Covid-19 vaccines from German company Pfizer and American biotech company Moderna.
More than 17 million Americans have been infected with the coronavirus, while over 310,000 have died from it.


courthousenews--2020-12-22--Groggy Climate Giant: Subsea Arctic Permafrost Still Waking Up After 12,000 Years

( CN ) — Scientists researching millennia-old environmental changes still affecting our world today say that the model predicts certain changes over the next three centuries .
Fourteen thousand years ago , the Arctic Ocean swelled and buried coastal lands .
Ocean water just a few degrees above the freezing point moved across permafrost , slowly thawing it and exposing billions of tons of organic matter to microbial breakdown .
The decomposing organic matter began releasing carbon dioxide and methane , greenhouse gases that are still rising from the waters today .
A new study , led by doctoral candidate @ @ @ @ @ @ @ Abbott at Brigham Young University published in the journal Environmental Research Letters , sheds light on the subsea permafrost climate feedback , generating the first estimates of circumarctic carbon stocks , greenhouse gas release , and possible future response of the subsea permafrost zone .
Sayedi and an international team of 25 permafrost researchers used a methodology called expert assessment , which combines multiple , independent plausible values to estimate the size of the past and present subsea carbon stock and how much greenhouse gas it might produce over the next three centuries @ @ @ @ @ @ @ unpublished studies to estimate that the subsea permafrost region currently traps 60 billion tons of methane and contains 560 billion tons of organic carbon in sediment and soil .
For perspective , humans have released a total of about 500 billion tons of carbon into the atmosphere since the Industrial Revolution .
“ Subsea permafrost is really unique because it is still responding to a dramatic climate transition from more than 10,000 years ago , ” Sayedi said .
“ In some ways , it can give us a peek into the possible @ @ @ @ @ @ @ because of human activity.
” The team found that subsea permafrost is already releasing substantial amounts of greenhouse gas .
However , this release is mainly due to ancient climate change rather than current human activity .
They estimate that subsea permafrost releases approximately 140 million tons of CO2 and 5.3 million tons of methane to the atmosphere each year .
This is similar in magnitude to the overall greenhouse gas footprint of Spain .
Under this model , if human-caused climate change continues , the release of methane and CO2 from subsea @ @ @ @ @ @ @ this response is expected to occur over the next three centuries rather than abruptly .
Researchers estimated that the amount of future greenhouse gas release from subsea permafrost depends directly on future human emissions .
They found that under a business-as-usual scenario , warming subsea permafrost releases four times more additional CO2 and methane compared to when human emissions are reduced to keep warming less than 3.6 degrees Fahrenheit above pre-industrial levels .
“ I think there are three important messages from this study , ” said Abbott .
“ First , subsea @ @ @ @ @ @ @ bomb on a hair trigger .
Second , subsea permafrost is a potentially large climate feedback that needs to be considered in climate negotiations .
Third , there is still a huge amount that we don ’ t know about this system .
We really need additional research , including international collaboration across northern countries and research disciplines .
”

Scientists researching millennia-old environmental changes still affecting our world today say that the model predicts certain changes over the next three centuries.
(CN) — Scientists researching millennia-old environmental changes still affecting our world today say that the model predicts certain changes over the next three centuries.
Fourteen thousand years ago, the Arctic Ocean swelled and buried coastal lands. Ocean water just a few degrees above the freezing point moved across permafrost, slowly thawing it and exposing billions of tons of organic matter to microbial breakdown. The decomposing organic matter began releasing carbon dioxide and methane, greenhouse gases that are still rising from the waters today.
A new study, led by doctoral candidate Sara Sayedi and senior researcher Dr. Ben Abbott at Brigham Young University published in the journal Environmental Research Letters, sheds light on the subsea permafrost climate feedback, generating the first estimates of circumarctic carbon stocks, greenhouse gas release, and possible future response of the subsea permafrost zone.
Sayedi and an international team of 25 permafrost researchers used a methodology called expert assessment, which combines multiple, independent plausible values to estimate the size of the past and present subsea carbon stock and how much greenhouse gas it might produce over the next three centuries.
They combined findings from published and unpublished studies to estimate that the subsea permafrost region currently traps 60 billion tons of methane and contains 560 billion tons of organic carbon in sediment and soil. For perspective, humans have released a total of about 500 billion tons of carbon into the atmosphere since the Industrial Revolution.
“Subsea permafrost is really unique because it is still responding to a dramatic climate transition from more than 10,000 years ago,” Sayedi said. “In some ways, it can give us a peek into the possible response of permafrost that is thawing today because of human activity.”
The team found that subsea permafrost is already releasing substantial amounts of greenhouse gas. However, this release is mainly due to ancient climate change rather than current human activity. They estimate that subsea permafrost releases approximately 140 million tons of CO2 and 5.3 million tons of methane to the atmosphere each year. This is similar in magnitude to the overall greenhouse gas footprint of Spain.
Under this model, if human-caused climate change continues, the release of methane and CO2 from subsea permafrost could increase substantially. However, this response is expected to occur over the next three centuries rather than abruptly. Researchers estimated that the amount of future greenhouse gas release from subsea permafrost depends directly on future human emissions. They found that under a business-as-usual scenario, warming subsea permafrost releases four times more additional CO2 and methane compared to when human emissions are reduced to keep warming less than 3.6 degrees Fahrenheit above pre-industrial levels.
“I think there are three important messages from this study,” said Abbott. “First, subsea permafrost is probably not a climate time bomb on a hair trigger. Second, subsea permafrost is a potentially large climate feedback that needs to be considered in climate negotiations. Third, there is still a huge amount that we don't know about this system. We really need additional research, including international collaboration across northern countries and research disciplines.”


courthousenews--2020-12-22--Court Case in Texas Shows DACA Program Remains Under Peril

HOUSTON ( AP ) — A Tuesday court hearing over a U.S. program shielding immigrants brought to the country illegally as children highlights the peril the program still faces even under an incoming Democratic president who has pledged to protect it .
A federal judge in Houston will hear arguments from Texas and eight other states seeking to end the Deferred Action for Childhood Arrivals program , or DACA , which provides limited protections to about 650,000 people .
Defending the program is a group of DACA recipients represented by the Mexican American Legal Defense and Educational Fund .
A @ @ @ @ @ @ @ .
The U.S. Supreme Court previously ruled President Donald Trump ’ s attempt to end DACA in 2017 was unlawful .
A New York judge in December ordered the Trump administration to restore the program as enacted by former President Barack Obama in 2012 .
But the Houston case directly targets DACA ’ s original terms , as Texas and the other states argue it violated the Constitution by going around Congress ’ authority on immigration laws .
President-elect Joe Biden has pledged to protect DACA .
But a ruling against DACA could @ @ @ @ @ @ @ the program or something similar in place .
“ DACA has to be replaced by a legislative approach , ” said MALDEF President Thomas Saenz .
While DACA is often described as a program for young immigrants , many recipients have lived in the U.S. for a decade or longer after being brought into the country without permission or overstaying visas .
The liberal Center for American Progress says roughly 254,000 children have at least one parent relying on DACA .
Some recipients are grandparents .
In a court filing , the states @ @ @ @ @ @ @ represents a “ limitless notion of executive power that , if left unchecked , could allow future Presidents to dismantle other duly enacted laws.
” Suing alongside Texas are Alabama , Arkansas , Kansas , Louisiana , Mississippi , Nebraska , South Carolina , and West Virginia .
MALDEF argues Obama had the authority to institute DACA and the states lack the standing to sue .
U.S. District Judge Andrew Hanen , who is hearing the case , rejected Texas ’ request in 2018 to stop the program through a preliminary injunction .
@ @ @ @ @ @ @ as enacted by Obama is unconstitutional .
Hanen in 2015 ruled Obama could not expand DACA protections or institute a program shielding their parents .
“ If the nation truly wants to have a DACA program , it is up to Congress to say so , ” Hanen wrote in 2018 .
Congress has not acted since , with proposals falling short amid disputes between the Democratic-controlled House and Republican-controlled Senate .
But Saenz , of MALDEF , said the U.S. Supreme Court ’ s June ruling stopping Trump from ending the program @ @ @ @ @ @ @ were any judge , I would look at the Supreme Court and say to myself , ‘ If this were an unlawful program in the view of the Supreme Court majority , why would they have simply not said that ?
’ ” Saenz said .
Texas Attorney General Ken Paxton ’ s office did not respond to a request for comment prior to the hearing .

A Tuesday court hearing over a U.S. program shielding immigrants brought to the country illegally as children highlights the peril the program still faces even under an incoming Democratic president who has pledged to protect it.
HOUSTON (AP) — A Tuesday court hearing over a U.S. program shielding immigrants brought to the country illegally as children highlights the peril the program still faces even under an incoming Democratic president who has pledged to protect it.
A federal judge in Houston will hear arguments from Texas and eight other states seeking to end the Deferred Action for Childhood Arrivals program, or DACA, which provides limited protections to about 650,000 people. Defending the program is a group of DACA recipients represented by the Mexican American Legal Defense and Educational Fund. A ruling was not expected during the hearing.
The U.S. Supreme Court previously ruled President Donald Trump's attempt to end DACA in 2017 was unlawful. A New York judge in December ordered the Trump administration to restore the program as enacted by former President Barack Obama in 2012.
But the Houston case directly targets DACA’s original terms, as Texas and the other states argue it violated the Constitution by going around Congress’ authority on immigration laws.
President-elect Joe Biden has pledged to protect DACA. But a ruling against DACA could limit Biden's ability to keep the program or something similar in place.
“DACA has to be replaced by a legislative approach," said MALDEF President Thomas Saenz.
While DACA is often described as a program for young immigrants, many recipients have lived in the U.S. for a decade or longer after being brought into the country without permission or overstaying visas. The liberal Center for American Progress says roughly 254,000 children have at least one parent relying on DACA. Some recipients are grandparents.
In a court filing, the states suing to end DACA said the program represents a “limitless notion of executive power that, if left unchecked, could allow future Presidents to dismantle other duly enacted laws.” Suing alongside Texas are Alabama, Arkansas, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, and West Virginia.
MALDEF argues Obama had the authority to institute DACA and the states lack the standing to sue.
U.S. District Judge Andrew Hanen, who is hearing the case, rejected Texas' request in 2018 to stop the program through a preliminary injunction.
But Hanen has said he believes DACA as enacted by Obama is unconstitutional.
Hanen in 2015 ruled Obama could not expand DACA protections or institute a program shielding their parents.
“If the nation truly wants to have a DACA program, it is up to Congress to say so,” Hanen wrote in 2018.
Congress has not acted since, with proposals falling short amid disputes between the Democratic-controlled House and Republican-controlled Senate.
But Saenz, of MALDEF, said the U.S. Supreme Court's June ruling stopping Trump from ending the program should provide guidance.
“If I were any judge, I would look at the Supreme Court and say to myself, ‘If this were an unlawful program in the view of the Supreme Court majority, why would they have simply not said that?’” Saenz said.
Texas Attorney General Ken Paxton's office did not respond to a request for comment prior to the hearing.
JUAN A. LOZANO Associated Press


courthousenews--2020-12-22--California Desperately Searches for More Nurses and Doctors

SAN FRANCISCO ( AP ) — Since the coronavirus pandemic took hold in the U.S. , Sara Houze has been on the road — going from one hospital to another to care for COVID-19 patients on the brink of death .
A cardiac intensive care nurse from Washington , D.C. , with expertise in heart rhythm , airway and pain management , her skills are in great demand as infections and hospitalizations skyrocket nationwide .
Houze is among more than 500 nurses , doctors and other medical staff California has brought in and deployed to hospitals that are running out @ @ @ @ @ @ @ COVID-19 cases .
Her six-week assignment started Monday in San Bernardino , about 60 miles east of Los Angeles , and she anticipates working 14-hour shifts with a higher-than-usual caseload .
San Bernardino County has 1,545 people in hospitals and more than 125 are in makeshift “ surge ” beds , which are being used because regular hospital space isn ’ t available .
“ I expect patients to die .
That ’ s been my experience : they die , I put them in body bags , the room gets cleaned and @ @ @ @ @ @ @ said .
Much of California has exhausted its usual ability to staff intensive care beds , and the nation ’ s most populated state is desperately searching for 3,000 temporary medical workers to meet demand .
State officials are reaching out to foreign partners in places like Australia and Taiwan amid a shortage of temporary medical workers in the U.S. , particularly nurses trained in critical care .
Gov .
Gavin Newsom said the state has relationships with countries that provide aid during crises such as wildfires .
“ We ’ re now @ @ @ @ @ @ @ all across the country , so nobody has many nurses to spare , ” said Dr. Janet Coffman , a professor of public policy at the University of California , San Francisco .
California hospitals typically turn to staffing agencies during flu season , when they rely on travel nurses to meet patient care needs .
It is the only state in the nation with strict nurse-to-patient ratios requiring hospitals to provide one nurse for every two patients in intensive care and one nurse for every four patients in emergency rooms , for @ @ @ @ @ @ @ are being waived at many hospitals as virus cases surge .
But the pool of available travel nurses is drying up as demand for them jumped to 44 % over the last month , with California , Texas , Florida , New York and Minnesota requesting the most extra staff , according to San Diego-based health care staffing firm Aya Healthcare .
It is one of two companies contracted by California to fulfill hospitals ’ staffing requests .
“ We are hiring like crazy and working insane hours , ” said Sophia Morris @ @ @ @ @ @ @ Aya Healthcare .
Dr. Mark Ghaly , California ’ s Health and Human Services secretary , said the state is “ lucky to get two-thirds ” of its requests for travel nurses fulfilled right now .
It ’ s a sharp contrast from the spring , when Newsom ordered the nation ’ s first stay-at-home order .
As infection rates slowed and hospitals voluntarily suspended elective surgeries for weeks , health care providers from California flew to New York to help their overworked colleagues .
This time , many hospitals are postponing procedures @ @ @ @ @ @ @ Emerson-Shea , a spokeswoman for the California Hospital Association .
California also has opened alternative care facilities for people with less serious illnesses to save hospital beds for the sickest patients .
That also means hospitals have fewer nurses to deploy to ICUs from other units , Coffman said .
And many health workers became infected or have had to quarantine because they were exposed to someone with COVID-19 during the surge , she said .
Another factor is the dip in the number of nurses 60 and older .
In a survey @ @ @ @ @ @ @ nurses , many older nurses told researchers at UCSF ’ s Healthforce Center that they stopped working out of concern for their or their family ’ s health , said Joanne Spetz , the center ’ s associate director of research .
Houze , 50 , said she ’ s able to travel to work because her twin sons are in college but not without contracting a mild case of COVID-19 somewhere along the way .
On Monday , more than 17,000 people were hospitalized with confirmed COVID-19 infections — more than double @ @ @ @ @ @ @ and a state model that uses current data to forecast future trends shows the number could reach nearly 100,000 by January .
More than 3,600 COVID-19 patients were in intensive care units .
Dr. Marc Futernick , an emergency room physician in Los Angeles who is on the board of the California chapter of the American College of Emergency Physicians , helped set up a Los Angeles surge hospital last spring .
Now , he ’ s fielding texts and phone calls asking when it will reopen .
“ The surge hospital is @ @ @ @ @ @ @ would be no way to staff it , ” he said .
Ghaly , head of state Health and Human Services , said entire areas of California may run out of room even in surge capacity units “ by the end of the month and early in January.
” It ’ s trying to avoid that by opening makeshift hospitals in places like gymnasiums , tents and a vacant NBA arena , and sending patients to parts of the state with empty beds .
Newsom this spring sought to reinforce fatigued medical workers @ @ @ @ @ @ @ Corps , and he touted the many thousands who signed up .
But with cases skyrocketing now , just 28 members are working at 13 facilities .
The number has dwindled even after Newsom made repeated appeals for more retired medical professionals to sign up .
The state is updating its planning guide for how hospitals would ration care if everyone can ’ t get the treatment they need .
A document recently circulated among doctors at the four hospitals run by Los Angeles County calls for them to shift strategy : instead @ @ @ @ @ @ @ , their goal during the crisis is to save as many patients as possible .
That means those less likely to survive won ’ t get the same kind of care offered in normal times .
Houze said her online community of nurses is offering webinars about moral distress because many of them have had to change the way they care for patients .
“ The patients that aren ’ t yet intubated , and even the ones intubated , aren ’ t getting the kind of nursing care that I want to @ @ @ @ @ @ @ limited and time is taxed , ” she said .
“ It ’ s really disheartening .
”

Since the coronavirus pandemic took hold in the U.S., Sara Houze has been on the road — going from one hospital to another to care for COVID-19 patients on the brink of death.
SAN FRANCISCO (AP) — Since the coronavirus pandemic took hold in the U.S., Sara Houze has been on the road — going from one hospital to another to care for COVID-19 patients on the brink of death.
A cardiac intensive care nurse from Washington, D.C., with expertise in heart rhythm, airway and pain management, her skills are in great demand as infections and hospitalizations skyrocket nationwide. Houze is among more than 500 nurses, doctors and other medical staff California has brought in and deployed to hospitals that are running out of capacity to treat the most severe COVID-19 cases.
Her six-week assignment started Monday in San Bernardino, about 60 miles east of Los Angeles, and she anticipates working 14-hour shifts with a higher-than-usual caseload. San Bernardino County has 1,545 people in hospitals and more than 125 are in makeshift “surge" beds, which are being used because regular hospital space isn't available.
“I expect patients to die. That’s been my experience: they die, I put them in body bags, the room gets cleaned and then another patient comes,” Houze said.
Much of California has exhausted its usual ability to staff intensive care beds, and the nation's most populated state is desperately searching for 3,000 temporary medical workers to meet demand. State officials are reaching out to foreign partners in places like Australia and Taiwan amid a shortage of temporary medical workers in the U.S., particularly nurses trained in critical care.
Gov. Gavin Newsom said the state has relationships with countries that provide aid during crises such as wildfires.
“We’re now in a situation where we have surges all across the country, so nobody has many nurses to spare,” said Dr. Janet Coffman, a professor of public policy at the University of California, San Francisco.
California hospitals typically turn to staffing agencies during flu season, when they rely on travel nurses to meet patient care needs. It is the only state in the nation with strict nurse-to-patient ratios requiring hospitals to provide one nurse for every two patients in intensive care and one nurse for every four patients in emergency rooms, for example.
However, those ratio requirements are being waived at many hospitals as virus cases surge.
But the pool of available travel nurses is drying up as demand for them jumped to 44% over the last month, with California, Texas, Florida, New York and Minnesota requesting the most extra staff, according to San Diego-based health care staffing firm Aya Healthcare. It is one of two companies contracted by California to fulfill hospitals' staffing requests.
“We are hiring like crazy and working insane hours,” said Sophia Morris, vice president of account management at Aya Healthcare.
Dr. Mark Ghaly, California's Health and Human Services secretary, said the state is “lucky to get two-thirds” of its requests for travel nurses fulfilled right now.
It's a sharp contrast from the spring, when Newsom ordered the nation's first stay-at-home order. As infection rates slowed and hospitals voluntarily suspended elective surgeries for weeks, health care providers from California flew to New York to help their overworked colleagues.
This time, many hospitals are postponing procedures that are not emergencies, said Jan Emerson-Shea, a spokeswoman for the California Hospital Association. California also has opened alternative care facilities for people with less serious illnesses to save hospital beds for the sickest patients.
That also means hospitals have fewer nurses to deploy to ICUs from other units, Coffman said. And many health workers became infected or have had to quarantine because they were exposed to someone with COVID-19 during the surge, she said.
Another factor is the dip in the number of nurses 60 and older. In a survey of the state's 320,000 registered nurses, many older nurses told researchers at UCSF's Healthforce Center that they stopped working out of concern for their or their family’s health, said Joanne Spetz, the center's associate director of research.
Houze, 50, said she's able to travel to work because her twin sons are in college but not without contracting a mild case of COVID-19 somewhere along the way.
On Monday, more than 17,000 people were hospitalized with confirmed COVID-19 infections — more than double the previous peak reached in July — and a state model that uses current data to forecast future trends shows the number could reach nearly 100,000 by January.
More than 3,600 COVID-19 patients were in intensive care units.
Dr. Marc Futernick, an emergency room physician in Los Angeles who is on the board of the California chapter of the American College of Emergency Physicians, helped set up a Los Angeles surge hospital last spring. Now, he's fielding texts and phone calls asking when it will reopen.
“The surge hospital is not going to open again. There would be no way to staff it,” he said.
Ghaly, head of state Health and Human Services, said entire areas of California may run out of room even in surge capacity units “by the end of the month and early in January.” It's trying to avoid that by opening makeshift hospitals in places like gymnasiums, tents and a vacant NBA arena, and sending patients to parts of the state with empty beds.
Newsom this spring sought to reinforce fatigued medical workers by creating a paid volunteer California Health Corps, and he touted the many thousands who signed up. But with cases skyrocketing now, just 28 members are working at 13 facilities.
The number has dwindled even after Newsom made repeated appeals for more retired medical professionals to sign up.
The state is updating its planning guide for how hospitals would ration care if everyone can’t get the treatment they need.
A document recently circulated among doctors at the four hospitals run by Los Angeles County calls for them to shift strategy: instead of trying everything to save a life, their goal during the crisis is to save as many patients as possible. That means those less likely to survive won’t get the same kind of care offered in normal times.
Houze said her online community of nurses is offering webinars about moral distress because many of them have had to change the way they care for patients.
“The patients that aren't yet intubated, and even the ones intubated, aren't getting the kind of nursing care that I want to give them because our resources are so limited and time is taxed,” she said. “It's really disheartening.”
By DAISY NGUYEN Associated Press


courthousenews--2020-12-22--Senator: Treasury Dept. Email Accounts Compromised in Hack

WASHINGTON ( AP ) — Dozens of email accounts at the Treasury Department were compromised in a massive breach of U.S. government agencies being blamed on Russia , with hackers breaking into systems used by the department ’ s highest-ranking officials , a senator said Monday after being briefed on the matter .
Sen. Ron Wyden , D-Ore. , provided new details of the hack following a briefing to Senate Finance Committee staff by the IRS and Treasury Department .
Wyden said that though there is no indication that taxpayer data was compromised , the hack “ appears to be @ @ @ @ @ @ @ of dozens of email accounts and access to the Departmental Offices division of the Treasury Department , which the senator said was home to its highest-ranking officials .
In addition , the breach appears to involve the theft of encryption keys from U.S. government servers , Wyden said .
“ Treasury still does not know all of the actions taken by hackers , or precisely what information was stolen , ” Wyden said in a statement .
It is also not clear what Russian hackers intend to do with any emails they may @ @ @ @ @ @ @ earliest known agencies reported to have been affected in a breach that now encompasses a broad spectrum of departments .
The effects and consequences of the hack are still being assessed , though the Department of Homeland Security ’ s cybersecurity arm said in a statement last week that the intrusion posed a “ grave ” risk to government and private networks .
In the Treasury Department ’ s case , Wyden said , the breach began in July .
But experts believe the overall hacking operation began months earlier when malicious code @ @ @ @ @ @ @ that monitors computer networks of businesses and governments .
The malware , affecting a product made by U.S. company SolarWinds , gave elite hackers remote access into an organization ’ s networks so they could steal information .
It wasn ’ t discovered until the prominent cybersecurity company FireEye determined it had been hacked .
Tech giant Microsoft , which has helped respond to the breach , revealed last week that it had identified more than 40 government agencies , think tanks , nongovernmental organizations and IT companies infiltrated by the hackers .
@ @ @ @ @ @ @ of email accounts were compromised , Wyden said .
President Donald Trump sought to downplay the severity of the hack last week , tweeting without any evidence that perhaps China was responsible .
At least two Cabinet members , Secretary of State Mike Pompeo and Attorney General William Barr , have stated publicly that they believe Russia was to blame , the consensus of others in the U.S. government and of the cybersecurity community .

Dozens of email accounts at the Treasury Department were compromised in a massive breach of U.S. government agencies being blamed on Russia, with hackers breaking into systems used by the department's highest-ranking officials, a senator said Monday after being briefed on the matter.
WASHINGTON (AP) — Dozens of email accounts at the Treasury Department were compromised in a massive breach of U.S. government agencies being blamed on Russia, with hackers breaking into systems used by the department's highest-ranking officials, a senator said Monday after being briefed on the matter.
Sen. Ron Wyden, D-Ore., provided new details of the hack following a briefing to Senate Finance Committee staff by the IRS and Treasury Department.
Wyden said that though there is no indication that taxpayer data was compromised, the hack “appears to be significant,” including through the compromise of dozens of email accounts and access to the Departmental Offices division of the Treasury Department, which the senator said was home to its highest-ranking officials. In addition, the breach appears to involve the theft of encryption keys from U.S. government servers, Wyden said.
“Treasury still does not know all of the actions taken by hackers, or precisely what information was stolen,” Wyden said in a statement.
It is also not clear what Russian hackers intend to do with any emails they may have accessed.
A Treasury Department spokeswoman declined to comment on Wyden's statement.
Treasury was among the earliest known agencies reported to have been affected in a breach that now encompasses a broad spectrum of departments. The effects and consequences of the hack are still being assessed, though the Department of Homeland Security's cybersecurity arm said in a statement last week that the intrusion posed a “grave” risk to government and private networks.
In the Treasury Department's case, Wyden said, the breach began in July. But experts believe the overall hacking operation began months earlier when malicious code was slipped into updates to popular software that monitors computer networks of businesses and governments.
The malware, affecting a product made by U.S. company SolarWinds, gave elite hackers remote access into an organization’s networks so they could steal information.
It wasn’t discovered until the prominent cybersecurity company FireEye determined it had been hacked.
Tech giant Microsoft, which has helped respond to the breach, revealed last week that it had identified more than 40 government agencies, think tanks, nongovernmental organizations and IT companies infiltrated by the hackers. Microsoft notified the Treasury Department that dozens of email accounts were compromised, Wyden said.
President Donald Trump sought to downplay the severity of the hack last week, tweeting without any evidence that perhaps China was responsible. At least two Cabinet members, Secretary of State Mike Pompeo and Attorney General William Barr, have stated publicly that they believe Russia was to blame, the consensus of others in the U.S. government and of the cybersecurity community.
By ERIC TUCKER Associated Press


Asylum Rules

SAN FRANCISCO — In two separate lawsuits , a group of nonprofit organizations that serve LGBTQ immigrants and a group @ @ @ @ @ immigrants challenge the U.S. Department of Homeland Security ’ s changes to the asylum process @ @ @ @ @ into effect on Jan. 11 .


Covid-19 Restrictions

NEW ORLEANS — A district court prematurely determined the petition process used by House Republicans in their attempt to lift @ @ @ @ @ , the Louisiana Supreme Court ruled .
The case is remanded and the lower court @ @ @ @ @ non-constitutional arguments and reach the constitutional challenge “ only if such a challenge is essential @ @ @ @ @ .
”


Ballot Signatures

ATLANTA — The 11th Circuit rejected the campaigns of Senator David Perdue and Kelly Loeffler and the Georgia Republican Party @ @ @ @ @ emergency stay or injunction pending appeal in their suit challenging the state ’ s absentee @ @ @ @


Models

SAN FRANCISCO — The Ninth Circuit upheld the dismissal of supermodel Janice Dickinson ’ s Lanham Act and state law @ @ @ @ @ ’ s company relating to her portrayal in the reality television series “ Shahs of @ @ @ @ @ Productions and others conspired to script a false controversy that made it appear as if @ @ @ @ @ into wearing an outfit a cast member was supposed to wear in a runway show @


Church Services

SAN DIEGO — A federal court in California denied a church ’ s request for a temporary restraining order to @ @ @ @ @ ’ s orders restricting indoor services , finding that it is in the public interest @ @ @ @ @ the population as a whole , in this dire phase of the pandemic .
”


Foster Care

CORPUS CHRISTI , Texas — In a decade-long class action suit over the deficiencies in the Texas foster care system @ @ @ @ @ the state found Governor Greg Abbott and other state officials in contempt of 13 remedial @ @ @ @ @ safety of children in the permanent managing conservatorship of the Texas Department of Family and @ @ @


Walgreens

ALAMEDA , Calif. — Los Angeles City Attorney Mike Feuer and California District Attorneys announced Tuesday they had reached a @ @ @ @ @ against Walgreens , settling allegations the pharmacy company unlawfully disposed of hazardous waste .


Political Ads

SACRAMENTO , Calif. — A federal court in California ruled in favor of Attorney General Xavier Becerra in a case @ @ @ @ @ Advertising Act , which limits political ads on billboards near highways to 90 days before @ @ @ @ @ Media lacked standing to bring the suit , the court decided .


Food Sales

INDIANAPOLIS — A federal court in Indiana temporarily blocked enforcement of the state ’ s residency and minimum food sales @ @ @ @ @ limited liability companies operating establishments that serve alcoholic drinks to earn annual gross food sales @ @ @ @ @ not imposing minimum food sales on Indiana companies .


Larry Nassar

DETROIT — The Michigan Court of Appeals denied former USA Gymnastics team physician Larry Nassar ’ s appeal for a @ @ @ @ @ guilty to several counts of criminal sexual conduct for sexually abusing dozens of girls .


Church’s Appeal

BOSTON — The First Circuit ruled a “ jurisdictional barrier ” prevents it from deciding the merits of a church @ @ @ @ @ Governor Janet Mills over her Covid-19-related executive orders limiting nonessential activities .
The church appealed @ @ @ @ @ for a temporary restraining order , which “ falls outside the boundaries ” of the @ @ @ @ @ jurisdiction .


Abortion Laws

LITTLE ROCK , Ark .
— A federal court in Arkansas blocked for 14 days the enforcement of four restrictive @ @ @ @ @ ban on second trimester dilation-and-evacuation procedures and a fetal tissue disposal mandate that requires notice @ @ @ @ @ ’ s sexual partner , or if the woman is a minor , her parents @