courthousenews--2020-09-22--Widow of Kobe Bryant Sues LA Sheriff Over Officer Photos of Crash Site

LOS ANGELES ( CN ) — Vanessa Bryant , the widow of NBA star Kobe Bryant , filed a lawsuit against the Los Angeles County sheriff claiming his agency knew deputies shared photos of the helicopter crash site where her husband , their 13-year-old daughter and seven others died this past January .
According to the complaint , which was filed last week in Los Angeles County Superior Court but made public Tuesday , the deputies shared the photos with their colleagues .
One deputy also tried to impress a woman at a bar by showing the photos to her @ @ @ @ @ @ @ incident , a bartender filed a written complaint with the agency .
“ He was working the day the helicopter went down and took pictures of the crash site and bodies , ” the bartender allegedly wrote in her complaint .
Kobe Bryant , his daughter Gianna and seven other passengers died in a helicopter crash Jan. 26 in the Santa Monica Mountains north of downtown LA .
The complaint claims that LA County Sheriff Alex Villanueva did not notify Vanessa Bryant or the other passengers ’ families that images of the victims @ @ @ @ @ @ @ .
Villanueva did not initiate an investigation , the lawsuit says , or inspect the deputies ’ phones to see if the photos were shared .
“ He instead directed a cover-up , summoning the deputies to the Lost Hills station and telling them that , if they deleted the photos , they would face no discipline , ” the 22-page complaint states .
“ The deputies purported to accept the sheriff ’ s offer , receiving a free pass in exchange for destroying evidence of their misconduct.
” The agreement between Villanueva @ @ @ @ @ @ @ a Los Angeles Times report in February .
Villanueva later acknowledged ordering the deputies to delete the photos to avoid a formal investigation .
After learning of the photos , Bryant says she asked the sheriff ’ s department if she “ should brace for pictures of her loved ones ’ remains to surface on the internet.
” The sheriff ’ s department said it would need more time to respond to her request for more information due to the “ unusual circumstance , ” but in a follow-up letter said it was @ @ @ @ @ @ @ not legally obligated to do so , the lawsuit claims .
According to the complaint , some people online claim to have seen the images .
“ Mrs .
Bryant feels ill at the thought of strangers gawking at images of her deceased husband and child , and she lives in fear that she or her children will one day confront horrific images of their loved ones online , ” the lawsuit states .
The complaint goes on to say that the LA County Sheriff ’ s Department in the last decade has @ @ @ @ @ @ @ least disciplined law enforcement organizations in the country.
” Bryant says the department did not train its employees regarding photographs of work-related scenes on personal cellphones .
Eight deputies allegedly took photos of the dead at the crash site .
“ In taking these photographs and at several points thereafter , the sheriff ’ s department has chosen to act reprehensibly , and it continues to demonstrate that it either does not understand or does not care about the pain it has caused , ” the complaint says .
“ This lawsuit seeks @ @ @ @ @ @ @ accuses the department of violating her Fourteenth Amendment rights and claims negligence , invasion of privacy and intentional infliction of emotional distress .
She is represented by attorney Luis Li with Munger , Tolles and Olson .
In February , Bryant sued the company that operated the helicopter in the fatal crash .
Several of the other victims ’ family members also sued Island Express Helicopters in April .
The sheriff ’ s department did not immediately respond to an emailed request for comment .

Vanessa Bryant, the widow of NBA star Kobe Bryant, filed a lawsuit against the Los Angeles County sheriff claiming his agency knew deputies shared photos of the helicopter crash site where her husband, their 13-year-old daughter and seven others died this past January.
LOS ANGELES (CN) — Vanessa Bryant, the widow of NBA star Kobe Bryant, filed a lawsuit against the Los Angeles County sheriff claiming his agency knew deputies shared photos of the helicopter crash site where her husband, their 13-year-old daughter and seven others died this past January.
According to the complaint, which was filed last week in Los Angeles County Superior Court but made public Tuesday, the deputies shared the photos with their colleagues.
One deputy also tried to impress a woman at a bar by showing the photos to her, the lawsuit says. After this incident, a bartender filed a written complaint with the agency.
“He was working the day the helicopter went down and took pictures of the crash site and bodies,” the bartender allegedly wrote in her complaint.
Kobe Bryant, his daughter Gianna and seven other passengers died in a helicopter crash Jan. 26 in the Santa Monica Mountains north of downtown LA.
The complaint claims that LA County Sheriff Alex Villanueva did not notify Vanessa Bryant or the other passengers’ families that images of the victims’ bodies were being shared by deputies.
Villanueva did not initiate an investigation, the lawsuit says, or inspect the deputies’ phones to see if the photos were shared.
“He instead directed a cover-up, summoning the deputies to the Lost Hills station and telling them that, if they deleted the photos, they would face no discipline,” the 22-page complaint states. “The deputies purported to accept the sheriff’s offer, receiving a free pass in exchange for destroying evidence of their misconduct.”
The agreement between Villanueva and the deputies was made public in a Los Angeles Times report in February. Villanueva later acknowledged ordering the deputies to delete the photos to avoid a formal investigation.
After learning of the photos, Bryant says she asked the sheriff's department if she “should brace for pictures of her loved ones’ remains to surface on the internet.”
The sheriff’s department said it would need more time to respond to her request for more information due to the “unusual circumstance,” but in a follow-up letter said it was “unable to assist” and was not legally obligated to do so, the lawsuit claims.
According to the complaint, some people online claim to have seen the images.
“Mrs. Bryant feels ill at the thought of strangers gawking at images of her deceased husband and child, and she lives in fear that she or her children will one day confront horrific images of their loved ones online,” the lawsuit states.
The complaint goes on to say that the LA County Sheriff’s Department in the last decade has shown itself to be “among the least disciplined law enforcement organizations in the country.”
Bryant says the department did not train its employees regarding photographs of work-related scenes on personal cellphones. Eight deputies allegedly took photos of the dead at the crash site.
“In taking these photographs and at several points thereafter, the sheriff’s department has chosen to act reprehensibly, and it continues to demonstrate that it either does not understand or does not care about the pain it has caused,” the complaint says. “This lawsuit seeks to impose accountability for that.”
Bryant accuses the department of violating her Fourteenth Amendment rights and claims negligence, invasion of privacy and intentional infliction of emotional distress.
She is represented by attorney Luis Li with Munger, Tolles and Olson.
In February, Bryant sued the company that operated the helicopter in the fatal crash. Several of the other victims’ family members also sued Island Express Helicopters in April.
The sheriff's department did not immediately respond to an emailed request for comment.


courthousenews--2020-09-22--Law Firm Scolded For ‘Deceptive’ Ads on $650M Facebook Privacy Settlement

SAN FRANCISCO ( CN ) — A federal judge on Tuesday scolded a law firm for using “ deceptive and misleading ” tactics to get Illinois Facebook users to opt out of a historic $ 650 million settlement over the social network ’ s alleged misuse of facial recognition technology .
New York-based law firm Levi & Korsinsky started posting advertisements in Illinois residents ’ Facebook feeds last week , according to Gregory Nespole , a partner at the firm who defended the ad campaign during a virtual court hearing Tuesday .
On Friday , attorneys for a class of @ @ @ @ @ @ @ restraining order to stop the firm from posting “ deceptive ” ads .
The Facebook ads stated that Illinois residents “ may be entitled to hundreds of thousands in compensation ” and invited users to “ sign up for a claim in 2 minutes.
” The ads were posted before all notices of the settlement and official claims process were rolled out in the form of emails , print and online ads , Facebook news feed posts and Facebook “ jewel ” alerts .
While some emails were sent to class members starting @ @ @ @ @ @ @ scheduled to go out by Wednesday , the deadline imposed by the court .
During a video-conference hearing Tuesday , co-lead class counsel Jay Edelson said the ads confused class members into thinking Levi & Krosinsky ’ s opt-out solicitations were part of the court-approved settlement process .
“ It ’ s kind of the worst thing that can happen is we have class members who are not sure what the legitimate process is , ” Edelson complained .
Levi & Korsinsky pulled the ads on Friday after a motion for a court @ @ @ @ @ @ @ the ads was filed .
Nespole told U.S. District Judge James Donato that his firm did not intend to deceive class members , but he acknowledged his firm could have used “ more artful language ” instead of using the term “ claim by itself ” in the ads .
Still , Nespole insisted the ad was not misleading or deceptive because “ an opt-out is also a claim.
” “ It looks like it was artful in that it was meant to mislead and deceive people , ” Donato said .
“ @ @ @ @ @ @ @ Donato continued .
“ Get that hook into someone ’ s gullet by a trick or fraud , by being misleading or confusing , that ’ s just wrong.
” The judge ordered Nespole ’ s firm to work with attorneys for Facebook and the plaintiff class to draft an email notice to about 3,000 people who saw the ads and signed up to be represented by Levi & Korsinsky as opt-out plaintiffs .
Donato said the email notice should explain to class members that “ this is not how you file a @ @ @ @ @ @ @ out , you will not receive a check from the settlement.
” If the lawyers can not agree on language for the email notice , Donato said he will get involved and settle the dispute .
Nespole assured the court that his firm will not make further attempts to communicate with the 3,000 opt-out plaintiffs until the official settlement notice process is complete .
The $ 650 settlement resolves claims that Facebook mapped Illinois users ’ faces for its “ Photo Tag Suggest ” function starting in 2011 without consent and without telling @ @ @ @ @ @ @ stored in violation of the Illinois Biometric Information Privacy Act of 2008 .
In July , Facebook agreed to boost the settlement from $ 550 million to $ 650 million after Donato suggested in June that he found the prior deal inadequate .
The Illinois privacy law carries civil penalties of $ 1,000 for each negligent violation and $ 5,000 for each knowing violation .
With a class of millions of Illinois Facebook users , damages could have reached up to $ 35 billion .
In its now-removed Facebook ad , Nespole ’ @ @ @ @ @ @ @ Illinois residents could be entitled to up to $ 5,000 each time a company performs facial recognition on your photograph without written consent.
” Each class member will receive about $ 200 to $ 400 under the terms of the $ 650 million Facebook settlement .
Class members can now file claims through the official settlement website .
The deadline to file claims or opt out is Nov. 23 .
A final settlement approval hearing is scheduled for Jan. 7 , 2021 .
This settlement will not end all of Facebook ’ s @ @ @ @ @ @ @ In August , a class action filed in San Mateo County Superior Court claimed the company harvested 100 million Instagram users ’ biometric facial data without their consent .
Last week , another class action filed in San Francisco federal court claimed Facebook has accessed Instagram users ’ smartphone cameras without their consent while the app is open in order to , among other things , monitor real-time reactions to advertisements .

A federal judge on Tuesday scolded a law firm for using “deceptive and misleading” tactics to get Illinois Facebook users to opt out of a historic $650 million settlement over the social network’s alleged misuse of facial recognition technology.
SAN FRANCISCO (CN) — A federal judge on Tuesday scolded a law firm for using “deceptive and misleading” tactics to get Illinois Facebook users to opt out of a historic $650 million settlement over the social network’s alleged misuse of facial recognition technology.
New York-based law firm Levi & Korsinsky started posting advertisements in Illinois residents’ Facebook feeds last week, according to Gregory Nespole, a partner at the firm who defended the ad campaign during a virtual court hearing Tuesday.
A Facebook ad by law firm Levi & Korsinsky, which a federal judge overseeing the settlement of claims Facebook improperly used users' biometrics said was meant to "mislead and deceive people" into opting out of the settlement.
On Friday, attorneys for a class of Illinois Facebook users asked for a temporary restraining order to stop the firm from posting “deceptive” ads. The Facebook ads stated that Illinois residents “may be entitled to hundreds of thousands in compensation” and invited users to “sign up for a claim in 2 minutes.”
The ads were posted before all notices of the settlement and official claims process were rolled out in the form of emails, print and online ads, Facebook news feed posts and Facebook “jewel” alerts. While some emails were sent to class members starting Friday, the remaining settlement notices are scheduled to go out by Wednesday, the deadline imposed by the court.
During a video-conference hearing Tuesday, co-lead class counsel Jay Edelson said the ads confused class members into thinking Levi & Krosinsky’s opt-out solicitations were part of the court-approved settlement process.
“It's kind of the worst thing that can happen is we have class members who are not sure what the legitimate process is,” Edelson complained.
Levi & Korsinsky pulled the ads on Friday after a motion for a court order to make the firm take down the ads was filed.
Nespole told U.S. District Judge James Donato that his firm did not intend to deceive class members, but he acknowledged his firm could have used “more artful language” instead of using the term “claim by itself” in the ads.
Still, Nespole insisted the ad was not misleading or deceptive because “an opt-out is also a claim.”
U.S. District Judge James Donato disagreed.
“It looks like it was artful in that it was meant to mislead and deceive people,” Donato said.
“You made it a hook,” Donato continued. “Get that hook into someone’s gullet by a trick or fraud, by being misleading or confusing, that’s just wrong.”
The judge ordered Nespole’s firm to work with attorneys for Facebook and the plaintiff class to draft an email notice to about 3,000 people who saw the ads and signed up to be represented by Levi & Korsinsky as opt-out plaintiffs.
Donato said the email notice should explain to class members that “this is not how you file a claim. If you elect to opt out, you will not receive a check from the settlement.”
If the lawyers cannot agree on language for the email notice, Donato said he will get involved and settle the dispute.
Nespole assured the court that his firm will not make further attempts to communicate with the 3,000 opt-out plaintiffs until the official settlement notice process is complete.
The $650 settlement resolves claims that Facebook mapped Illinois users’ faces for its “Photo Tag Suggest” function starting in 2011 without consent and without telling users how long their data would be stored in violation of the Illinois Biometric Information Privacy Act of 2008.
In July, Facebook agreed to boost the settlement from $550 million to $650 million after Donato suggested in June that he found the prior deal inadequate.
The Illinois privacy law carries civil penalties of $1,000 for each negligent violation and $5,000 for each knowing violation. With a class of millions of Illinois Facebook users, damages could have reached up to $35 billion.
In its now-removed Facebook ad, Nespole’s law firm told users that “Illinois residents could be entitled to up to $5,000 each time a company performs facial recognition on your photograph without written consent.”
Each class member will receive about $200 to $400 under the terms of the $650 million Facebook settlement.
Class members can now file claims through the official settlement website.
The deadline to file claims or opt out is Nov. 23. A final settlement approval hearing is scheduled for Jan. 7, 2021.
This settlement will not end all of Facebook’s legal troubles over alleged privacy violations. In August, a class action filed in San Mateo County Superior Court claimed the company harvested 100 million Instagram users’ biometric facial data without their consent. Last week, another class action filed in San Francisco federal court claimed Facebook has accessed Instagram users' smartphone cameras without their consent while the app is open in order to, among other things, monitor real-time reactions to advertisements.


courthousenews--2020-09-23--Protections for Miami Homeless Hang in Balance at 11th Circuit

MIAMI ( CN ) — A group of homeless litigants fought in the 11th Circuit on Tuesday to reinstate a 20-year municipal settlement designed to protect Miami ’ s homeless population from harassment and systemic arrests .
At stake is the fate of the Pottinger v. City of Miami settlement , under which the city agreed to refrain from harassing homeless people and destroying their property .
The 1998 class action settlement came after a Miami judge found the city ’ s treatment of its homeless population was unconstitutional .
Among the key provisions of the settlement was a clause @ @ @ @ @ @ @ offer a homeless person shelter as an alternative to arrest for certain misdemeanors that involved “ life-sustaining ” day-to-day activities , such as sleeping on the street .
On Tuesday , class representative David Peery and his counsel Benjamin Waxman urged an 11th Circuit panel to reinstate the protections , which were voided by a lower court ’ s 2019 decision in favor of the city .
Peery and Waxman concede that reform has taken place over the past two decades .
But they claim that a 2018 mass campaign to remove homeless @ @ @ @ @ @ @ Miami disregarded the terms of the settlement — and is in no position to police itself with regard to management of the homeless population .
“ The [ Pottinger ] consent decree has effectively protected plaintiffs ’ rights to be free from unconstitutional arrest , harassment , and property destruction based on their homeless status for 20 years , ” Waxman ’ s brief states .
“ While the city ’ s approach to redressing homelessness has improved , the record establishes a continued and pervasive pattern of consent decree violations.
” During @ @ @ @ @ @ @ testified about the coordinated removal of homeless people from downtown Miami and surrounding areas beginning in mid-2018 .
People who dwelled in the targeted areas were ordered to leave .
And if a homeless person was not around to claim his belongings , the city threw the items out , including ID cards and medications , according to the testimony .
Two individuals who were arrested as part of the evictions claim they were not given the pre-arrest warnings required under the settlement .
“ People ’ s property was destroyed , and @ @ @ @ @ @ @ That all went on before the city went to court in May 2018 and said , ‘ Oh , by the way , we ’ d like to terminate the Pottinger agreement , ” Waxman said in an interview Tuesday .
Waxman said that at a city commission meeting in April 2018 , municipal politicians were openly discussing disillusionment with the settlement , and how it was interfering with the homeless eviction effort .
One commissioner stated the settlement was being used as an excuse to commit crimes , while another commissioner said @ @ @ @ @ @ @ .
If someone ’ s going to say ‘ no , ’ then let it be a federal judge.
” The federal judge ’ s 2019 decision noted city workers were dealing with significant squalor , and that the targeted eviction areas were contaminated with feces and infested with rodents .
The judge cited an exception to the Pottinger protections , whereby the city is allowed to discard homeless people ’ s property if it is “ contaminated or otherwise poses a health hazard.
” Waxman said in the interview that city workers @ @ @ @ @ @ @ away in a homeless camp simply because the camp is unclean .
“ The judge in 2019 basically said that this would be too difficult to do — to sort through those items at a site .
Our claim is that ’ s precisely the agreement the city entered into .
That ’ s in the consent decree and that ’ s what is required of the city , ” Waxman said .
In a reply brief , the city ’ s attorneys argued the judge fairly weighed evidence presented by the city @ @ @ @ @ @ @ warning of the impending eviction .
“ The court properly terminated the consent decree , based on the evidence of substantial compliance by the city , ” the city said in its brief .
“ The order … emphasized that the areas in which these cleanup operations took place were highly unsanitary and posed a public health hazard.
” The city ’ s lawyers argued the appeal takes a dispute over the evidence and incorrectly frames it as a dispute over the court ’ s interpretation of the Pottinger settlement .
Also at @ @ @ @ @ @ @ ’ s 2018 campaign to boot homeless people from downtown constituted “ harassment , ” which would have been a violation of the settlement .
The lower court found that “ there is nothing in the consent decree ” that “ specifically preclud [ es ] a police officer from instructing someone to move.
” The judge justified the termination of the homeless protections by finding the city had reformed its practices over a span of two decades , ceasing systemic arrests of the homeless , overhauling its police training and providing a @ @ @ @ @ @ @ Peery ’ s appeal is being fielded in the Miami branch of the 11th Circuit , by a three-judge panel who will decide whether to reinstate the settlement .

A group of homeless litigants fought in the 11th Circuit on Tuesday to reinstate a 20-year municipal settlement designed to protect Miami's homeless population from harassment and systemic arrests.
MIAMI (CN) — A group of homeless litigants fought in the 11th Circuit on Tuesday to reinstate a long-running municipal settlement designed to protect Miami's homeless population from harassment and systematic arrests.
At stake is the fate of the Pottinger v. City of Miami settlement, under which the city agreed to refrain from harassing homeless people and destroying their property.
The 1998 class action settlement came after a Miami judge found the city’s treatment of its homeless population was unconstitutional.
Among the key provisions of the settlement was a clause under which the city was required to offer a homeless person shelter as an alternative to arrest for certain misdemeanors that involved "life-sustaining" day-to-day activities, such as sleeping on the street.
On Tuesday, class representative David Peery and his counsel Benjamin Waxman urged an 11th Circuit panel to reinstate the protections, which were voided by a lower court’s 2019 decision in favor of the city.
Peery and Waxman concede that reform has taken place over the past two decades. But they claim that a 2018 mass campaign to remove homeless people from downtown public spaces showed that Miami disregarded the terms of the settlement — and is in no position to police itself with regard to management of the homeless population.
"The [Pottinger] consent decree has effectively protected plaintiffs’ rights to be free from unconstitutional arrest, harassment, and property destruction based on their homeless status for 20 years," Waxman's brief states. "While the city’s approach to redressing homelessness has improved, the record establishes a continued and pervasive pattern of consent decree violations."
During lower court proceedings, dozens of witnesses testified about the coordinated removal of homeless people from downtown Miami and surrounding areas beginning in mid-2018. People who dwelled in the targeted areas were ordered to leave. And if a homeless person was not around to claim his belongings, the city threw the items out, including ID cards and medications, according to the testimony.
Two individuals who were arrested as part of the evictions claim they were not given the pre-arrest warnings required under the settlement.
"People's property was destroyed, and they were told to get out. That all went on before the city went to court in May 2018 and said, 'Oh, by the way, we'd like to terminate the Pottinger agreement," Waxman said in an interview Tuesday.
Waxman said that at a city commission meeting in April 2018, municipal politicians were openly discussing disillusionment with the settlement, and how it was interfering with the homeless eviction effort. One commissioner stated the settlement was being used as an excuse to commit crimes, while another commissioner said, "Let’s take action. If someone’s going to say ‘no,’ then let it be a federal judge."
The federal judge’s 2019 decision noted city workers were dealing with significant squalor, and that the targeted eviction areas were contaminated with feces and infested with rodents. The judge cited an exception to the Pottinger protections, whereby the city is allowed to discard homeless people's property if it is "contaminated or otherwise poses a health hazard."
Waxman said in the interview that city workers were not permitted to throw every item away in a homeless camp simply because the camp is unclean.
"The judge in 2019 basically said that this would be too difficult to do — to sort through those items at a site. Our claim is that's precisely the agreement the city entered into. That's in the consent decree and that's what is required of the city," Waxman said.
In a reply brief, the city's attorneys argued the judge fairly weighed evidence presented by the city, including testimony that it posted notice warning of the impending eviction.
"The court properly terminated the consent decree, based on the evidence of substantial compliance by the city," the city said in its brief. "The order ... emphasized that the areas in which these cleanup operations took place were highly unsanitary and posed a public health hazard.”
The city's lawyers argued the appeal takes a dispute over the evidence and incorrectly frames it as a dispute over the court's interpretation of the Pottinger settlement.
Also at issue in the appeal is whether Miami's 2018 campaign to boot homeless people from downtown constituted "harassment," which would have been a violation of the settlement.
The lower court found that "there is nothing in the consent decree” that “specifically preclud[es] a police officer from instructing someone to move." The judge justified the termination of the homeless protections by finding the city had reformed its practices over a span of two decades, ceasing systematic arrests of the homeless, overhauling its police training and providing a better system of shelters.
Waxman and Peery's appeal is being fielded in the Miami branch of the 11th Circuit, by a three-judge panel who will decide whether to reinstate the settlement.


courthousenews--2020-09-24--Southern California Edison Settles 2017 Wildfire, 2018 Mudslide Claims for $1.1 Billion

( CN ) — Southern California Edison will pay over $ 1 billion to settle litigation over the 2017 Thomas and Koenigstein fires and subsequent mudslides that followed in the community of Montecito , the utility giant announced Wednesday .
SCE did not acknowledge liability in the settlement , although its equipment sparked the massive wildfire .
The settlement Edison relates to subrogation plaintiffs in multiple lawsuits filed against the utility over the Thomas and Koenigstein fires and the 2018 Montecito mudslides .
The plaintiffs include insurance companies and financial institutions who now own claims stemming from the disasters .
@ @ @ @ @ @ @ across multiple counties in late 2017 , killing two people and destroying over 1,000 structures .
Heavy rain the following year on the fire scar led to a mudslide above the community of Montecito in Ventura County that killed 21 people when debris flowed over homes .
In March 2019 , fire investigators determined that SCE ’ s equipment sparked two spot fires that became the massive wildfire .
The cities of Malibu and Calabasas sued the utility , as did Los Angeles and Ventura counties and other entities in the path of @ @ @ @ @ @ @ Pacific Coast .
This past November , 23 public entities agreed to a $ 360 million settlement with SCE , which did not acknowledge wrongdoing or liability in that case either .
On Wednesday , SCE announced it reached an agreement with all the holders of subrogation claims from the fires and mudslide .
The agreement does not extend to any individuals suing the utility company and any claims from the Rye Fire , which burned at the same time as the Thomas Fire .
The utility will also pay for any future @ @ @ @ @ @ @ July 15 , 2023 , up to a certain cap .
In a statement , CEO Pedro Pizarro of Edison International — SCE ’ s parent company — said while other claims and potential claims related to the 2017 fires and 2018 mudslide are pending litigation , “ SCE has reached settlements with several hundred individual plaintiffs in litigation arising from these events .
The company continues to explore reasonable settlement opportunities with other parties.
” SCE says it will receive an investment from its parent company pending future settlements and claim payments @ @ @ @ @ @ @ 843 million remaining from its wildfire insurance for the fires and mudslide .
Attorney Craig Simon with Berger Kahn , co-lead counsel in the ongoing litigation being coordinated in LA Superior Court for the subrogation plaintiffs , called the case a “ hard-fought battle ” and credits LA County Superior Court Judge Daniel Buckley for overseeing the many lawsuits stemming from the fires and mudslides .
“ It ’ s a fair resolution for both sides , ” Simon said by phone Wednesday .
The settlement does not resolve the many individual lawsuits @ @ @ @ @ @ @ across three counties .
SCE is also facing multiple lawsuits in LA Superior Court stemming from damage caused by the 2018 Woolsey Fire , which burned nearly 97,000 acres .
In October 2019 , SCE said its equipment likely sparked that fire , but the cause remains under investigation .
SCE did not immediately respond to questions about the size of the class that will receive the $ 1.16 billion settlement agreement .

Southern California Edison will pay over $1 billion to settle litigation over the 2017 Thomas and Koenigstein fires and subsequent mudslides that followed in the community of Montecito, the utility giant announced Wednesday.
(CN) — Southern California Edison will pay over $1 billion to settle litigation over the 2017 Thomas and Koenigstein fires and subsequent mudslides that followed in the community of Montecito, the utility giant announced Wednesday.
SCE did not acknowledge liability in the settlement, although its equipment sparked the massive wildfire.
The settlement Edison relates to subrogation plaintiffs in multiple lawsuits filed against the utility over the Thomas and Koenigstein fires and the 2018 Montecito mudslides. The plaintiffs include insurance companies and financial institutions who now own claims stemming from the disasters.
The Thomas Fire burned nearly 282,000 acres across multiple counties in late 2017, killing two people and destroying over 1,000 structures. Heavy rain the following year on the fire scar led to a mudslide above the community of Montecito in Ventura County that killed 21 people when debris flowed over homes.
In March 2019, fire investigators determined that SCE’s equipment sparked two spot fires that became the massive wildfire.
The cities of Malibu and Calabasas sued the utility, as did Los Angeles and Ventura counties and other entities in the path of the wildfire that burned up to the Pacific Coast. This past November, 23 public entities agreed to a $360 million settlement with SCE, which did not acknowledge wrongdoing or liability in that case either.
On Wednesday, SCE announced it reached an agreement with all the holders of subrogation claims from the fires and mudslide. The agreement does not extend to any individuals suing the utility company and any claims from the Rye Fire, which burned at the same time as the Thomas Fire.
The utility will also pay for any future claim payments made by policyholders up until July 15, 2023, up to a certain cap.
In a statement, CEO Pedro Pizarro of Edison International — SCE’s parent company — said while other claims and potential claims related to the 2017 fires and 2018 mudslide are pending litigation, “SCE has reached settlements with several hundred individual plaintiffs in litigation arising from these events. The company continues to explore reasonable settlement opportunities with other parties.”
SCE says it will receive an investment from its parent company pending future settlements and claim payments and seek reimbursement from the roughly $843 million remaining from its wildfire insurance for the fires and mudslide.
Attorney Craig Simon with Berger Kahn, co-lead counsel in the ongoing litigation being coordinated in LA Superior Court for the subrogation plaintiffs, called the case a “hard-fought battle” and credits LA County Superior Court Judge Daniel Buckley for overseeing the many lawsuits stemming from the fires and mudslides.
“It’s a fair resolution for both sides,” Simon said by phone Wednesday.
The settlement does not resolve the many individual lawsuits filed against SCE, which destroyed homes across three counties.
SCE is also facing multiple lawsuits in LA Superior Court stemming from damage caused by the 2018 Woolsey Fire, which burned nearly 97,000 acres. In October 2019, SCE said its equipment likely sparked that fire, but the cause remains under investigation.
SCE did not immediately respond to questions about the size of the class that will receive the $1.16 billion settlement agreement.


Easy Fire

VENTURA , Calif. — Fifteen insurance companies have sued utilities giant Southern California Edison on claims of inverse condemnation and @ @ @ @ @ Fire , a relatively small wildfire that burned 1,806 acres of Ventura County in late @ @

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.


courthousenews--2020-09-23--Trump Refuses to Commit to Peaceful Transfer If He Loses Election

WASHINGTON ( CN ) — When asked directly if he would commit to a peaceful transition of power should the 2020 election not fall in his favor , President Donald Trump refused to answer before exiting a White House press briefing for an “ emergency call.
” “ We ’ ll have to see what happens .
You know that .
I ’ ve been complaining very strongly about the ballots and the ballots are a disaster , ” Trump said to reporters gathered for the semi-regular press conference held at the White House .
Brian Karem , a senior @ @ @ @ @ @ @ question succinctly , asking Trump “ win lose or draw ” if he would ensure the tradition of a peaceful and democratic transferral of power would occur .
Appearing to reference mail in ballots — which the president has baselessly and ubiquitously alleged are entirely rife with fraud — Trump fumbled over his response to Karem .
“ Get rid of the ballots and you ’ ll have a very trans — you ’ ll have a very peaceful — there won ’ t be a transfer frankly .
There will be a @ @ @ @ @ @ @ control .
You know it and you know who knows it better than anyone else ?
The Democrats know it better than anybody else , ” Trump said .

When asked directly if he would commit to a peaceful transition of power should the 2020 election not fall in his favor, President Donald Trump refused to answer before exiting a White House press briefing for an “emergency call.”
WASHINGTON (CN) — When asked directly if he would commit to a peaceful transition of power should the 2020 election not fall in his favor, President Donald Trump refused to answer before exiting a White House press briefing for an “emergency call.”
“We’ll have to see what happens. You know that. I’ve been complaining very strongly about the ballots and the ballots are a disaster,” Trump said to reporters gathered for the semi-regular press conference held at the White House.
Brian Karem, a senior White House reporter for Playboy framed the question succinctly, asking Trump “win lose or draw” if he would ensure the tradition of a peaceful and democratic transferral of power would occur.
Appearing to reference mail in ballots — which the president has baselessly and ubiquitously alleged are entirely rife with fraud — Trump fumbled over his response to Karem.
“Get rid of the ballots and you’ll have a very trans — you’ll have a very peaceful — there won't be a transfer frankly. There will be a continuation. The ballots are out of control. You know it and you know who knows it better than anyone else? The Democrats know it better than anybody else,” Trump said.
Without much warning, Trump then exited for an “emergency call.” He did not elaborate. The White House did not respond to requests for comment.
Trump has made comments in the same vein before, challenging not only social norms around the American presidency but the constitutional law enshrining it.
In Wisconsin on Aug. 17, Trump told a faithful crowd: “We are going to win four more years and then after that, we’ll go for another four years because they spied on my campaign.”
That allegation was debunked by former Department of Justice inspector general Michael Horowitz.
“We should get a redo of four years,” Trump said.
He made an identical comment during a stump in Arizona a day later.
Weeks before, Trump tested the idea on Twitter stating mail-in voting would trigger the most “inaccurate & fraudulent Election in history.”
“It will be a great embarrassment to the USA. Delay the election until people can properly, securely and safely vote,” Trump tweeted.
The Constitution bars presidents from serving beyond two consecutive terms. Trump has been undeterred.
Historically, the former reality-TV-star has brushed off criticism of his comments, saying he was “joking.”
Last June, on “Meet the Press” Trump told host Chuck Todd he references abolishing term limits for the presidency to drive the media “crazy.”
But a year before that, in private remarks recorded and shared with CNN, he seemed to embrace the idea.
At a Florida fundraiser in the wake of China’s President Xi Jinping’s successful move to abolish presidential term limits in the country, Trump remarked: “He’s president for life now. President for life. No, he’s great. And look, he was able to do that.”
Texas Democrat Al Green, the first lawmaker in the House calling for Trump’s impeachment, said in a phone interview Wednesday that given the number of times Trump has referred to staying in office beyond his term, people are right to have a “good deal of consternation.”
“This is unhealthy for our democratic institutions, democracy, for our republic. It is, at some point, more than what I would call fatuous folly or silliness. At some point you have to start to take the president seriously when he continues to say these things,” Green said.
He considered the administration’s push to overturn the Affordable Care Act.
Trump has vowed no American would lose their health care. But in a matter of weeks — right after the U.S. election — the Supreme Court will hear arguments for his administration’s request to overturn the Affordable Care Act altogether.
With Justice Ruth Bader Ginsburg’s death and Republicans in the Senate moving ahead on nominations, Green said if Trump is successful in placing a justice on the high court of his choice, the U.S. could risk seeing the ACA totally eviscerated.
Election Day is 41 days away and in the United States, Green reflected, the people choose the ballot as a means of transferring power, not the bullet.
“The people of this country and the will of the people must be respected,” Green said. “The president would take us back to what I would call the status quo antebellum. This was all resolved long ago with a civil conflict. We’re not going to return to that form of behavior. We cannot allow ourselves to do this. We have to take him seriously and we have to prepare for this eventuality. We have to clearly examine the Constitution and be prepared to take the constitutional measures necessary to deal with his behavior.”
Trump’s divisive comments Wednesday night were not limited to term limits.
With protests already forming in Louisville, Trump praised Kentucky Attorney General Daniel Cameron following a grand jury decision there not to charge officers involved in the shooting of Breonna Taylor, a young Black woman who was killed by police as she lay sleeping in her bed.
“She committed no crime. She had a companion with her. He had a right to have the weapon he had. He had a right to stand his ground. She was a person who fired no shots. Although she was a person who lost her life,” Green said.
These circumstances should force Americans to ask themselves questions “no one wants to ask,” Green added.
“If Breonna Taylor were a 26-year-old white female with all of the facts the same and had three African American officers intrude into her home the way these officers did — a 26-year-old white female — would we get the same results?” That’s the question we have to ask, he said.
Much like he wants to see Trump’s words taken seriously, Green said the same must apply to the national conversation on systemic racism.
Green has called for the creation of a Department of Reconciliation to focus on these issues. It would have a secretary spearheading it, like other federal agencies.
Separately Wednesday night, Trump announced his intent to nominate Allen Souza for inspector general for the intelligence community.
Souza is the former aide to Representative Devin Nunes, a California Republican and Trump stalwart who unsuccessfully sued Twitter for defamation after he was parodied online.
Souza was close with Nunes at the start of Trump’s presidency, working with the lawmaker and other Republicans conducting their investigation into the IC’s assessment of Russian interference in Trump’s campaign.


courthousenews--2020-09-23--Biden’s New Ads Focus on Small Business Owners Unable to Receive Covid Aid

( CN ) — Former Vice President Joe Biden ’ s campaign on Wednesday announced a new ad blitz featuring small business owners in the battleground states Pennsylvania , North Carolina and Arizona .
The four ads feature hair salon owners from Phoenix and Pittsburgh , and a soap maker and a craft beer brewer from Rocky Mount , North Carolina — all lamenting the fact that they couldn ’ t get pandemic relief loans under the Small Business Administration ’ s Paycheck Protection Program .
“ It ’ s so frustrating that big corporations got millions in PPP before @ @ @ @ @ @ @ a Phoenix salon co-owner identified only as Dina in one ad .
In another ad , a North Carolina brewery owner identified only as Celeste says she likes Joe Biden because she believes he can unify the country .
“ You have to be able to listen , ” she said .
“ Joe Biden ’ s past service gives me hope because he ’ s a unifier .
He ’ s a listener.
” In Florida , Republican Voters Against Trump announced an October ad campaign , Project Orange Crush , aimed @ @ @ @ @ @ @ committee called “ soft ” Republicans and independents , mostly in Tampa , Fort Myers , Sarasota , Miami and West Palm Beach .
One ad in that $ 4 million run features Trump voters explaining why they changed their minds ; another contrasts Trump ’ s “ divisive and chaotic ” presidency with Biden ’ s career of “ unity and resolve , ” the group said in a news release .
In Arizona , similar ads will run in and around Phoenix , where more than half the state ’ s @ @ @ @ @ @ @ about 300,000 voters , said Tim Miller , the group ’ s political director .
Both campaigns will target primarily white , suburban , college educated voters — disproportionately women — who either voted for Trump , didn ’ t vote or chose a third-party candidate in 2016 , Miller said .
“ We ’ re hyper-targeting these folks , ” he said .
The Biden campaign now has video ads running digitally and on television in 13 states — Arizona , Florida , Georgia , Iowa , New Hampshire , North Carolina @ @ @ @ @ @ @ Nevada , Ohio , Nebraska , and Minnesota .
The campaign also this week announced a radio ad campaign that will run in Arizona , Florida , Michigan , Minnesota , North Carolina , Nebraska , Nevada , Pennsylvania , and Wisconsin .
Polls out this week and posted by FiveThirtyEight.com , which compiles political polls from across the nation , show a tight race in Arizona , with President Donald Trump leading 49 % to 48 % in one survey and Biden with a single digit lead in three others .
Five @ @ @ @ @ @ @ with a maximum lead of 3 % , Trump leading one poll 51 % to 47 % , and one survey giving each candidate 47 % , FiveThirtyEight reported .
Two North Carolina polls showed the candidates in a statistical dead-heat , and three Pennsylvania polls had Biden leading by a maximum of 5 % .
Ultimately , the ads aren ’ t likely to change very many minds , said Yotam Shmargad , a University of Arizona political science assistant professor .
Undecided voters are a small percentage of the electorate , @ @ @ @ @ @ @ is very difficult , so the main goal of most ads at this late stage is not getting voters in your camp , Shmargad said .
“ The big question is whether people are going to turn out or not , ” he said .

Former Vice President Joe Biden’s campaign on Wednesday announced a new ad blitz featuring small business owners in the battleground states Pennsylvania, North Carolina and Arizona.
(CN) — Former Vice President Joe Biden’s campaign on Wednesday announced a new ad blitz featuring small business owners in the battleground states Pennsylvania, North Carolina and Arizona.
The four ads feature hair salon owners from Phoenix and Pittsburgh, and a soap maker and a craft beer brewer from Rocky Mount, North Carolina — all lamenting the fact that they couldn’t get pandemic relief loans under the Small Business Administration’s Paycheck Protection Program.
“It’s so frustrating that big corporations got millions in PPP before small businesses like ours,” said a Phoenix salon co-owner identified only as Dina in one ad.
In another ad, a North Carolina brewery owner identified only as Celeste says she likes Joe Biden because she believes he can unify the country.
“You have to be able to listen,” she said. “Joe Biden’s past service gives me hope because he’s a unifier. He’s a listener.”
In Florida, Republican Voters Against Trump announced an October ad campaign, Project Orange Crush, aimed at about 730,000 Floridians the political action committee called “soft” Republicans and independents, mostly in Tampa, Fort Myers, Sarasota, Miami and West Palm Beach.
One ad in that $4 million run features Trump voters explaining why they changed their minds; another contrasts Trump's “divisive and chaotic” presidency with Biden’s career of “unity and resolve,” the group said in a news release.
In Arizona, similar ads will run in and around Phoenix, where more than half the state’s 7.2 million residents live, aimed at about 300,000 voters, said Tim Miller, the group’s political director.
Both campaigns will target primarily white, suburban, college educated voters — disproportionately women — who either voted for Trump, didn’t vote or chose a third-party candidate in 2016, Miller said.
“We’re hyper-targeting these folks,” he said.
The Biden campaign now has video ads running digitally and on television in 13 states — Arizona, Florida, Georgia, Iowa, New Hampshire, North Carolina, Pennsylvania, Wisconsin, Michigan, Nevada, Ohio, Nebraska, and Minnesota. The campaign also this week announced a radio ad campaign that will run in Arizona, Florida, Michigan, Minnesota, North Carolina, Nebraska, Nevada, Pennsylvania, and Wisconsin.
Polls out this week and posted by FiveThirtyEight.com, which compiles political polls from across the nation, show a tight race in Arizona, with President Donald Trump leading 49% to 48% in one survey and Biden with a single digit lead in three others.
Five Florida polls show Biden leading in three with a maximum lead of 3%, Trump leading one poll 51% to 47%, and one survey giving each candidate 47%, FiveThirtyEight reported.
Two North Carolina polls showed the candidates in a statistical dead-heat, and three Pennsylvania polls had Biden leading by a maximum of 5%.
Ultimately, the ads aren’t likely to change very many minds, said Yotam Shmargad, a University of Arizona political science assistant professor.
Undecided voters are a small percentage of the electorate, and changing a voter’s mind is very difficult, so the main goal of most ads at this late stage is not getting voters in your camp, Shmargad said.
“The big question is whether people are going to turn out or not,” he said.


Anti-Hindu Bias

SAN FRANCISCO — The Ninth Circuit has declined an en banc rehearing of claims that California public school curriculum has @ @ @ @ @ running through it .


courthousenews--2020-09-23--California Courts Covid Update

California Courts Covid Update

Click to share on Twitter ( Opens in new window )


courthousenews--2020-09-23--California Initiatives Could Expand Voting Rights for Parolees and 17-Year-Olds

( CN ) — Californians will decide the fate of two ballot measures this November that could significantly expand voting rights for some 50,000 parolees and hundreds of thousands of 17-year-olds .
Supporters say the proposals will increase participation in elections and help strengthen democracy .
Opponents say they will give undeserving people too much power to sway elections in the Golden State .
Proposition 17 would restore voting rights to felons released on parole from state prison .
Proposition 18 would let 17-year-olds vote in primary and preliminary contests if they will turn 18 by the day of the @ @ @ @ @ @ @ proposal is expected to cost hundreds of thousands of dollars in one-time and recurring voter registration costs for counties across the state .
For Dorsey Nunn , a black man and former inmate who now serves as executive director of Legal Services for Prisoners with Children , the push to restore voting rights to parolees is personal .
He sees the voting restrictions as a vestige of post-Civil War efforts to deny people of color the right to vote .
“ Let ’ s stop playing with people and saying it ’ s @ @ @ @ @ @ @ it ’ s part of a strategy that came out of Reconstruction to deny people the right to vote and hold political office , ” Nunn said in a phone interview .
Supporters of Proposition 17 say parolees deserve the right to vote because they have served their time in prison and paid their debt to society .
Opponents say a one- to three-year parole term is part of the criminal sentence .
Successfully completing parole helps demonstrate that someone has been fully rehabilitated , they argue .
“ We believe people should @ @ @ @ @ @ @ society and as they do it , they get their rights restored , ” said Nina Salarno , president of Crime Victims United California , which opposes Proposition 17 .
Noting that about 50 % of felons commit crimes within three years of being released from California state prison , Salarno says that figure underscores her argument that many parolees are not fully rehabilitated .
Carol Moon Goldberg , president of the League of Women Voters California , says that doesn ’ t mean the other 50 % of people who don ’ @ @ @ @ @ @ @ be disenfranchised .
It ’ s akin to punishing someone for the bad behavior of others , she said .
Because many parolees hold jobs , raise families and pay taxes , they should have a say in how their tax money is spent and how their government is run , Goldberg argued .
“ Government decisions impact their lives just like they do everyone else ’ s lives , and they should be allowed to have their voices heard through voting , ” Goldberg said .
Supporters also point to research showing @ @ @ @ @ @ @ permanently disenfranchised are more likely to re-offend compared to those who eventually get their voting rights restored .
Proposition 17 proponents say giving people the right to vote strengthens ties to the community and reduces the likelihood that someone will re-offend .
They also point to other research showing that civic engagement is linked to lower rates of recidivism .
But Salarno said crime victims don ’ t want people convicted of acts as serious as rape or murder to start voting before they have proven they can live in society without re-offending @ @ @ @ @ @ @ established when someone completes parole .
“ The day you come out the door of a prison you don ’ t have a stake in the community yet , because you ’ re not reintegrated yet , ” Salarno said .
Supporters of Proposition 18 say it makes sense that if someone will vote in the general election , they should have a say on which candidates will appear on the ballot in that election .
“ If these students are allowed to vote in November , why should they not have a @ @ @ @ @ @ @ to be on that ballot , ” said Goldberg , of the League of Women Voters California , which also supports Proposition 18 .
Opponents say 17-year-olds lack the full brain development and life experience that is vital for making informed decisions .
Most have not had to work to support themselves , and their votes could tip the scale in close contests that might saddle property owners and residents with burdensome new taxes , opponents argue .
Seventeen states and the District of Columbia allow people under 18 to vote in primary @ @ @ @ @ @ @ anti-tax group Howard Jarvis Taxpayers Association says unlike California , most of those states don ’ t vote on tax proposals in primary races .
“ This measure would allow 17-year-olds who are still in high school to vote on tax increases , bond measures and similar proposals on primary and special election ballots , and we think that ’ s not wise , ” Shelley said in a phone interview .
Countering that argument , Goldberg notes that young people pay sales taxes and many work part-time jobs .
People can start @ @ @ @ @ @ @ Proponents say Proposition 18 will boost youth participation in elections and help engrain lifelong voting habits in young people that could increase voter turnout for decades to come .
Still , opponents argue that 17-year-olds are too impressionable and could be subject to undue influence by schools and teachers , especially on proposals that seek to raise taxes for public education .
“ High school students could be voting in the classroom if voting by mail under the watchful eyes of their teacher and under a bunch of banners that are informational about @ @ @ @ @ @ @ of , ” Shelley said .
People under 18 can ’ t sign contracts or go on a field trip without parental permission so why should they be trusted with the power to impose higher taxes on Californians with their votes , Shelley argued .
Adopting that same reasoning , Goldberg questioned if it ’ s fair that a 60-year-old can shape policy on issues such as climate change by voting — an issue that will affect young people for the rest of their lives .
“ I am 60 years old , @ @ @ @ @ @ @ affect me if I ’ m lucky for the next 30 years , ” Goldberg said .
“ The decisions being made today will affect them for 70 or 80 years .
”

Californians will decide the fate of two ballot measures this November that could significantly expand voting rights for some 50,000 parolees and hundreds of thousands of 17-year-olds.
(CN) — Californians will decide the fate of two ballot measures this November that could significantly expand voting rights for some 50,000 parolees and hundreds of thousands of 17-year-olds.
Supporters say the proposals will increase participation in elections and help strengthen democracy. Opponents say they will give undeserving people too much power to sway elections in the Golden State.
Proposition 17 would restore voting rights to felons released on parole from state prison.
Proposition 18 would let 17-year-olds vote in primary and preliminary contests if they will turn 18 by the day of the general election for those races.
Each proposal is expected to cost hundreds of thousands of dollars in one-time and recurring voter registration costs for counties across the state.
For Dorsey Nunn, a black man and former inmate who now serves as executive director of Legal Services for Prisoners with Children, the push to restore voting rights to parolees is personal. He sees the voting restrictions as a vestige of post-Civil War efforts to deny people of color the right to vote.
“Let’s stop playing with people and saying it’s part of punishment, instead of saying it’s part of a strategy that came out of Reconstruction to deny people the right to vote and hold political office,” Nunn said in a phone interview.
Supporters of Proposition 17 say parolees deserve the right to vote because they have served their time in prison and paid their debt to society. Opponents say a one- to three-year parole term is part of the criminal sentence. Successfully completing parole helps demonstrate that someone has been fully rehabilitated, they argue.
“We believe people should complete their prison sentence, reintegrate in society and as they do it, they get their rights restored,” said Nina Salarno, president of Crime Victims United California, which opposes Proposition 17.
Noting that about 50% of felons commit crimes within three years of being released from California state prison, Salarno says that figure underscores her argument that many parolees are not fully rehabilitated.
Carol Moon Goldberg, president of the League of Women Voters California, says that doesn’t mean the other 50% of people who don’t commit crimes while on parole should be disenfranchised. It’s akin to punishing someone for the bad behavior of others, she said.
Because many parolees hold jobs, raise families and pay taxes, they should have a say in how their tax money is spent and how their government is run, Goldberg argued.
“Government decisions impact their lives just like they do everyone else’s lives, and they should be allowed to have their voices heard through voting,” Goldberg said.
Supporters also point to research showing that ex-prisoners in states where felons are permanently disenfranchised are more likely to re-offend compared to those who eventually get their voting rights restored.
Proposition 17 proponents say giving people the right to vote strengthens ties to the community and reduces the likelihood that someone will re-offend. They also point to other research showing that civic engagement is linked to lower rates of recidivism.
But Salarno said crime victims don’t want people convicted of acts as serious as rape or murder to start voting before they have proven they can live in society without re-offending. For Salarno, that proof is established when someone completes parole.
“The day you come out the door of a prison you don’t have a stake in the community yet, because you’re not reintegrated yet,” Salarno said.
Proposition 18
Supporters of Proposition 18 say it makes sense that if someone will vote in the general election, they should have a say on which candidates will appear on the ballot in that election.
“If these students are allowed to vote in November, why should they not have a voice to decide who’s going to be on that ballot,” said Goldberg, of the League of Women Voters California, which also supports Proposition 18.
Opponents say 17-year-olds lack the full brain development and life experience that is vital for making informed decisions. Most have not had to work to support themselves, and their votes could tip the scale in close contests that might saddle property owners and residents with burdensome new taxes, opponents argue.
Seventeen states and the District of Columbia allow people under 18 to vote in primary elections, but Susan Shelley of the anti-tax group Howard Jarvis Taxpayers Association says unlike California, most of those states don’t vote on tax proposals in primary races.
“This measure would allow 17-year-olds who are still in high school to vote on tax increases, bond measures and similar proposals on primary and special election ballots, and we think that’s not wise,” Shelley said in a phone interview.
Countering that argument, Goldberg notes that young people pay sales taxes and many work part-time jobs. People can start working in California at age 14.
Proponents say Proposition 18 will boost youth participation in elections and help engrain lifelong voting habits in young people that could increase voter turnout for decades to come.
Still, opponents argue that 17-year-olds are too impressionable and could be subject to undue influence by schools and teachers, especially on proposals that seek to raise taxes for public education.
“High school students could be voting in the classroom if voting by mail under the watchful eyes of their teacher and under a bunch of banners that are informational about tax increases that schools are in favor of,” Shelley said.
People under 18 can’t sign contracts or go on a field trip without parental permission so why should they be trusted with the power to impose higher taxes on Californians with their votes, Shelley argued.
Adopting that same reasoning, Goldberg questioned if it’s fair that a 60-year-old can shape policy on issues such as climate change by voting — an issue that will affect young people for the rest of their lives.
“I am 60 years old, and the decisions being made today will affect me if I’m lucky for the next 30 years,” Goldberg said. “The decisions being made today will affect them for 70 or 80 years.”


courthousenews--2020-09-23--Georgia County Challenges Court-Ordered Redistricting

ATLANTA ( CN ) — In a rural Georgia county where Black voters are outnumbered by whites 2 to 1 at the polls despite being the majority population , an 11th Circuit dug into the thorny question Wednesday of whether discrimination is the only explanation .
Senior U.S .
Circuit Judge Julie Carnes , an Obama appointee , hearkened back to the 1984 case United States v. Marengo County courts to quote the assumption “ that a lack of success , even when there was Black voter strength , suggests that remnants of prior discrimination were present.
” “ We @ @ @ @ @ @ @ , ” Carnes continued .
“ At what point do we no longer indulge that presumption ?
At what point can we say that the reason a Black group of voters who are a majority [ don ’ t vote ] is simply attributable to voter apathy , not to the remnants of discrimination ?
” Not here , replied Bryan Sells , an Atlanta-based attorney who is fighting , on behalf of the Rev .
Mathis Wright Jr. , how the Sumter County Board of Elections holds elections .
“ This is @ @ @ @ @ @ @ shred of factual evidence that Black voters have overcome the history of discrimination that lingers even today , ” Sells said .
Wright brought his suit after Sumter ’ s 2014 election ended the county ’ s first Black majority on the board .
Today the county seeks a reversal of the holding that unfairly drawn voting districts are to blame , giving Black residents “ less opportunity to elect candidates of their choice than ” white residents .
Senior U.S. District Judge W. Louis Sands issued his ruling in 2018 after a @ @ @ @ @ @ @ that white voters have outnumbered Black voters in general elections for the Sumter school board “ by an almost two-to-one margin since 1996.
” County-wide though , the population is closely split along racial lines : 46.7 % of active registered voters are white and 48.5 % are Black .
“ There can also be no doubt that the level of black participation in Sumter County politics is depressed , ” Sands wrote .
“ In the elections analyzed in the case , African Americans were on average over 60 % less likely @ @ @ @ @ @ @ vote.
” Sells at oral arguments Wednesday pointed to trial testimony showing “ present-day racial animus in the community , present-day socioeconomic disparities that result from the past discrimination and present-day depressed participation.
” “ There has never been a moment of parity in Sumter County .
… The discrimination in Sumter County is not ancient history but present-day reality , ” Sells said .
“ The court found , and it ’ s not clearly erroneous and it ’ s frankly not disputed , that there is persistent racial separation in religious @ @ @ @ @ @ @ County.
” Carnes noted that this year ’ s particularly charged presidential election could lay the facts bare .
“ We have a fairly good test of this in November , ” Carnes said .
“ If it turns out that we look at Sumter County voting and we see that we can determine that Black voters did use their majority clout and did vote for the candidate of their choice , [ will that ] give us some insight into whether this extra little bit of handicapping and help that they ’ @ @ @ @ @ @ @ needed at all ?
” Arguing on behalf of the Sumter County Board of Elections Wednesday , attorney Richard Raile disagreed , telling the panel that he believed waiting until November would be “ unwise.
” “ I don ’ t think the court is going to be much differently situated in November , ” he said , “ and I think the cost to the county in sitting here for another several weeks waiting for another election to pass , possibly having to undergo special elections if we ultimately prevail — it @ @ @ @ @ @ @ some cases be drawn from that course of action.
” Raile , who is with the firm Baker & Hostetler , urged the court to come to quick decision in the case , saying that it might not be too late for the county to revert back to the previous map ahead of the November general election .
The county says it deserves a reversal .
“ Section 2 affords equal opportunity , not equal success .
It guarantees participation , not outcome , ” Raile said .
Carnes was joined on the @ @ @ @ @ @ @ Grant and Stanley Marcus , appointed by Trump and Clinton , respectively .
They did not give a timeline for their ruling .

In a rural Georgia county where Black voters are outnumbered by whites 2 to 1 at the polls despite being the majority population, an 11th Circuit dug into the thorny question Wednesday of whether discrimination is the only explanation.
ATLANTA (CN) — In a rural Georgia county where Black voters are outnumbered by whites 2 to 1 at the polls despite being the majority population, an 11th Circuit dug into the thorny question Wednesday of whether discrimination is the only explanation.
Senior U.S. Circuit Judge Julie Carnes, an Obama appointee, hearkened back to the 1984 case United States v. Marengo County courts to quote the assumption “that a lack of success, even when there was Black voter strength, suggests that remnants of prior discrimination were present.”
“We’re 36 years past that now,” Carnes continued. “At what point do we no longer indulge that presumption? At what point can we say that the reason a Black group of voters who are a majority [don’t vote] is simply attributable to voter apathy, not to the remnants of discrimination?”
Not here, replied Bryan Sells, an Atlanta-based attorney who is fighting, on behalf of the Rev. Mathis Wright Jr., how the Sumter County Board of Elections holds elections.
“This is not a case where there is a shred of factual evidence that Black voters have overcome the history of discrimination that lingers even today,” Sells said.
Wright brought his suit after Sumter’s 2014 election ended the county’s first Black majority on the board. Today the county seeks a reversal of the holding that unfairly drawn voting districts are to blame, giving Black residents “less opportunity to elect candidates of their choice than” white residents.
Senior U.S. District Judge W. Louis Sands issued his ruling in 2018 after a four-day bench trial where the data show that white voters have outnumbered Black voters in general elections for the Sumter school board “by an almost two-to-one margin since 1996.” County-wide though, the population is closely split along racial lines: 46.7% of active registered voters are white and 48.5% are Black.
“There can also be no doubt that the level of black participation in Sumter County politics is depressed,” Sands wrote. “In the elections analyzed in the case, African Americans were on average over 60% less likely than their white counterparts to cast a vote.”
Sells at oral arguments Wednesday pointed to trial testimony showing “present-day racial animus in the community, present-day socioeconomic disparities that result from the past discrimination and present-day depressed participation.”
“There has never been a moment of parity in Sumter County. … The discrimination in Sumter County is not ancient history but present-day reality,” Sells said. “The court found, and it’s not clearly erroneous and it’s frankly not disputed, that there is persistent racial separation in religious, civic and social organizations in Sumter County.”
Carnes noted that this year’s particularly charged presidential election could lay the facts bare.
“We have a fairly good test of this in November,” Carnes said. “If it turns out that we look at Sumter County voting and we see that we can determine that Black voters did use their majority clout and did vote for the candidate of their choice, [will that] give us some insight into whether this extra little bit of handicapping and help that they’re perceived to need may not be needed at all?”
Arguing on behalf of the Sumter County Board of Elections Wednesday, attorney Richard Raile disagreed, telling the panel that he believed waiting until November would be “unwise.”
“I don’t think the court is going to be much differently situated in November,” he said, “and I think the cost to the county in sitting here for another several weeks waiting for another election to pass, possibly having to undergo special elections if we ultimately prevail — it really outweighs the advantage that might in some cases be drawn from that course of action.”
Raile, who is with the firm Baker & Hostetler, urged the court to come to quick decision in the case, saying that it might not be too late for the county to revert back to the previous map ahead of the November general election.
The county says it deserves a reversal.
“Section 2 affords equal opportunity, not equal success. It guarantees participation, not outcome,” Raile said.
Carnes was joined on the panel by U.S. Circuit Judges Britt Grant and Stanley Marcus, appointed by Trump and Clinton, respectively. They did not give a timeline for their ruling.


courthousenews--2020-09-23--Cuvier’s Beaked Whale Breaks Record With Nearly 4-Hour Dive

( CN ) — It would be fair to say the elusive Cuvier ’ s beaked whale seems shy .
The torpedo-shaped mammals surface for just two minutes at a time and then head back down into the deep .
But a group of researchers say they have timed one record-breaking whale dive at 3 hours and 42 minutes , publishing their findings in the Journal of Experimental Biology , but the team was also left a bit baffled by what they found .
Cuvier ’ s beaked whales or “ goose-beaked whales ” because of their curved snouts , @ @ @ @ @ @ @ time to forage for food , avoid predators or to escape the surface world .
Researchers measured 3,680 dives by 23 whales tagged with satellite links on their fins to determine the duration of their dives .
Just like dolphins , whales breathe air into their lungs and can not breathe underwater .
Based on the Cuvier ’ s beaked whale ’ s body , researchers calculate the creatures should only be able to submerge for about 33 minutes before their oxygen runs out and they resort to anaerobic respiration , which is @ @ @ @ @ @ @ elements for respiration .
But Cuvier ’ s beaked whales managed to throw a curveball at the research team who observed whales off Cape Hatteras , North Carolina , as they observed dives that ranged from 33 minutes to 2 hours and 13 minutes , according to the study .
Most other mammals surface before their oxygen supply runs out during a dive and researchers found that if the same were true for the whales they could stay below for just 77 minutes .
“ It really did surprise us that these animals @ @ @ @ @ @ @ what predictions suggest their diving limits should be , ” said research scientist Dr. Nicola Quick at the Duke Marine Lab in a statement .
Then there was the dive that lasted 3 hours and 42 minutes in 2017 and another that was almost 3 hours , according to the study authors .
“ We didn ’ t believe it at first ; these are mammals after all , and any mammal spending that long under water just seemed incredible.
” One theory is the whales have larger than usual oxygen storage in @ @ @ @ @ @ @ that allow them to hold out against the stinging sensation that befalls anyone who is short on breath after a run or grueling exercise .
That lactic acid tends to build up in the muscles , but for the whales their long dives don ’ t seem bothered by the sensation says the study authors .
There are 23 species of beaked whales , according to Quick , and researchers know very little about them even though they ’ re a large group of mammals .
“ Understanding their diving behavior enables us @ @ @ @ @ @ @ are adapted to forage in deep water environments and to look at how human impacts may affect their behavior , ” Quick said in an interview .
Other questions remain even after this study , like what ’ s the whale ’ s diving metabolic rate , how do they deal with by-products of metabolism , what ’ s their true oxygen storage capabilities and how do they dive for so long while actively foraging and echolocating at depth , Quick said .
Recovery times also varied for the whales .
Some whales @ @ @ @ @ @ @ minutes of a 2-hour dive , while another whale observed took a 4-hour rest after a 78-minute dive .
“ Going into the study , we thought we would see a pattern of increased recovery time after a long dive , ” Quick said in a statement accompanying the study .
“ The fact that we didn ’ t opens up many other questions.
” Quick said the long dives could be explained by a healthy food batch that the whales ran into during a dive , or some threat or some type @ @ @ @ @ @ @ Quick was accompanied by William Cioffi , Jeanne Shearer , Andrew Read , Daniel Webster from the Cascadia Research Collective along with Andreas Fahlman from Fundacion Oceanografic de la Comunitat in Valencia , Spain .
Quick did not immediately respond to questions on the study ’ s findings .

It would be fair to say the elusive Cuvier’s beaked whale seems shy. The torpedo-shaped mammals surface for just two minutes at a time and then head back down into the deep.
(CN) — It would be fair to say the elusive Cuvier’s beaked whale seems shy. The torpedo-shaped mammals surface for just two minutes at a time and then head back down into the deep.
But a group of researchers say they have timed one record-breaking whale dive at 3 hours and 42 minutes, publishing their findings in the Journal of Experimental Biology, but the team was also left a bit baffled by what they found.
Cuvier’s beaked whales or “goose-beaked whales” because of their curved snouts, can dive for incredibly long periods of time to forage for food, avoid predators or to escape the surface world.
Researchers measured 3,680 dives by 23 whales tagged with satellite links on their fins to determine the duration of their dives. Just like dolphins, whales breathe air into their lungs and cannot breathe underwater.
Based on the Cuvier’s beaked whale’s body, researchers calculate the creatures should only be able to submerge for about 33 minutes before their oxygen runs out and they resort to anaerobic respiration, which is when the body burns or consumes other elements for respiration.
But Cuvier’s beaked whales managed to throw a curveball at the research team who observed whales off Cape Hatteras, North Carolina, as they observed dives that ranged from 33 minutes to 2 hours and 13 minutes, according to the study.
Most other mammals surface before their oxygen supply runs out during a dive and researchers found that if the same were true for the whales they could stay below for just 77 minutes.
“It really did surprise us that these animals are able to go so far beyond what predictions suggest their diving limits should be,” said research scientist Dr. Nicola Quick at the Duke Marine Lab in a statement.
Then there was the dive that lasted 3 hours and 42 minutes in 2017 and another that was almost 3 hours, according to the study authors.
“We didn’t believe it at first; these are mammals after all, and any mammal spending that long under water just seemed incredible.”
One theory is the whales have larger than usual oxygen storage in their bodies and an incredibly low metabolism that allow them to hold out against the stinging sensation that befalls anyone who is short on breath after a run or grueling exercise.
That lactic acid tends to build up in the muscles, but for the whales their long dives don’t seem bothered by the sensation says the study authors.
There are 23 species of beaked whales, according to Quick, and researchers know very little about them even though they’re a large group of mammals.
“Understanding their diving behavior enables us to start to understand how these animals are adapted to forage in deep water environments and to look at how human impacts may affect their behavior,” Quick said in an interview.
Other questions remain even after this study, like what’s the whale’s diving metabolic rate, how do they deal with by-products of metabolism, what’s their true oxygen storage capabilities and how do they dive for so long while actively foraging and echolocating at depth, Quick said.
Recovery times also varied for the whales. Some whales went right back to diving within 20 minutes of a 2-hour dive, while another whale observed took a 4-hour rest after a 78-minute dive.
“Going into the study, we thought we would see a pattern of increased recovery time after a long dive,” Quick said in a statement accompanying the study. “The fact that we didn’t opens up many other questions.”
Quick said the long dives could be explained by a healthy food batch that the whales ran into during a dive, or some threat or some type of noise intrigued or bothered them.
Quick was accompanied by William Cioffi, Jeanne Shearer, Andrew Read, Daniel Webster from the Cascadia Research Collective along with Andreas Fahlman from Fundacion Oceanografic de la Comunitat in Valencia, Spain.
Quick did not immediately respond to questions on the study’s findings.


courthousenews--2020-09-23--Democrats Warn Trump’s Supreme Court Nominee Could Eliminate Health Care for Millions

WASHINGTON ( CN ) — One week after Americans head to the polls in November to decide the next president , the Supreme Court in the midst of a global pandemic will hear the Trump administration ’ s challenge to the Affordable Care Act .
But with President Donald Trump set to shift the high court to a 6-3 conservative majority , Senate Democrats warned Wednesday that millions of Americans ’ health care hangs in the balance as a feverish nomination process kicks off .
“ The courts are the lynchpin in the Republicans ’ anti-health care and anti-choice agenda @ @ @ @ @ @ @ .
If the high court overturns the ACA , around 135 million Americans with pre-existing conditions could lose protections under the landmark statute .
The ruling could have similarly devastating effects for 17 million people under the Medicaid expansion and women who are protected from higher insurance rates and ensured maternity care , cancer screenings and contraception .
Senate Minority Leader Chuck Schumer said it should come as no surprise that Republicans are preparing to ram through a right-wing nominee “ in near record time when they have ignored the pain and suffering @ @ @ @ @ @ @ launched a campaign Tuesday to spur the American people to oppose Trump ’ s nominee , focusing on what ’ s at stake with the new vacancy left by Justice Ruth Bader Ginsburg ’ s death on Friday .
In a series of reports on various hot issues before the court , beginning with health care Wednesday , they plan to turn a spotlight on how the GOP has “ captured the courts.
” They argue Republicans are working hand-in-hand with right-wing organizations like the Federalist Society and the Judicial Crisis Network to @ @ @ @ @ @ @ ” who represent big special interests to roll back rulings that protect health care , the environment and voting rights .
“ The pattern is clear : over and over by 5-4 partisan decisions , the Roberts court has chipped away at many of the rights Justice Ginsburg defended her entire career , ” Baldwin said .
The Wisconsin senator repeatedly said Wednesday that the stakes couldn ’ t be higher following Ginsburg ’ s death , with Senate Majority Leader Mitch McConnell indicating he plans to put Trump ’ s nominee to @ @ @ @ @ @ @ ahead of the presidential election .
Trump plans to announce his pick to fill a third Supreme Court seat in his first term on Saturday .
From there , the Senate Judiciary Committee will pick up the nominee before the full Senate votes to confirm .
Baldwin argued that Republicans , with McConnell at the helm as the president ’ s field general for landing conservative judges on the federal bench , have used opposition to the Affordable Care Act and Roe v. Wade as a litmus test for judicial nominees .
In @ @ @ @ @ @ @ to Judge Justin Walker , who joined the D.C .
Circuit this month , as an example of the Trump administration handpicking judges who will attack the ACA .
During his nomination hearing , Walker shrugged off questions about his support for Justice Brett Kavanaugh ’ s dissenting opinion in Seven-Sky v. Holder in which he argued as a D.C .
Circuit judge at the time that the appeals court lacked jurisdiction to hear a challenge to the ACA .
Writing for The Federalist , a conservative online magazine , Walker in 2018 @ @ @ @ @ @ @ an “ indefensible decision.
” Kavanaugh ’ s dissent had provided a “ roadmap to the conclusion reached by the dissenters—that the individual mandate is unconstitutional under the Taxing Clause , ” he added .
Seventh Circuit Judge Amy Coney Barrett , another Trump jurist flagged in the Democratic Policy and Communications Committee report , questions whether Roe v. Wade is settled law and condemns birth control made available under the APA as a “ grave infringement on religious liberty.
” Barrett , who has emerged as one of the frontrunners for Ginsburg @ @ @ @ @ @ @ that Chief Justice John Roberts had “ pushed the Affordable Care Act beyond its plausible meaning to save the statute.
” Both Walker and Barrett when pressed by Senate Democrats during their confirmation hearings would not commit to recuse themselves from cases involving the APA .
Walker said at the time that he would “ take every case case-by-case with an open mind.
” With McConnell loudly declaring plans to move full steam ahead with a Trump nominee , and several GOP senators who were considered possible “ no ” votes announcing they @ @ @ @ @ @ @ , Democrats are seeking to galvanize public opposition to a sixth conservative justice .
“ In the next 30 days we want the public to engage and weigh in about what they think about putting a Supreme Court justice on the bench that will support taking away their health care , taking away their ability to make their own reproductive choices as women and all of the other things that are at stake , ” Baldwin told reporters .

One week after Americans head to the polls in November to decide the next president, the Supreme Court in the midst of a global pandemic will hear the Trump administration's challenge to the Affordable Care Act.
WASHINGTON (CN) — One week after Americans head to the polls in November to decide the next president, the Supreme Court in the midst of a global pandemic will hear the Trump administration's challenge to the Affordable Care Act.
But with President Donald Trump set to shift the high court to a 6-3 conservative majority, Senate Democrats warned Wednesday that millions of Americans’ health care hangs in the balance as a feverish nomination process kicks off.
“The courts are the lynchpin in the Republicans' anti-health care and anti-choice agenda,” Senator Tammy Baldwin told reporters.
If the high court overturns the ACA, around 135 million Americans with pre-existing conditions could lose protections under the landmark statute.
The ruling could have similarly devastating effects for 17 million people under the Medicaid expansion and women who are protected from higher insurance rates and ensured maternity care, cancer screenings and contraception.
Senate Minority Leader Chuck Schumer said it should come as no surprise that Republicans are preparing to ram through a right-wing nominee “in near record time when they have ignored the pain and suffering of the Covid-19 pandemic.”
Senate Democrats launched a campaign Tuesday to spur the American people to oppose Trump’s nominee, focusing on what’s at stake with the new vacancy left by Justice Ruth Bader Ginsburg’s death on Friday.
In a series of reports on various hot issues before the court, beginning with health care Wednesday, they plan to turn a spotlight on how the GOP has “captured the courts.”
They argue Republicans are working hand-in-hand with right-wing organizations like the Federalist Society and the Judicial Crisis Network to pack the courts with “advocacy judges” who represent big special interests to roll back rulings that protect health care, the environment and voting rights.
“The pattern is clear: over and over by 5-4 partisan decisions, the Roberts court has chipped away at many of the rights Justice Ginsburg defended her entire career,” Baldwin said.
The Wisconsin senator repeatedly said Wednesday that the stakes couldn’t be higher following Ginsburg’s death, with Senate Majority Leader Mitch McConnell indicating he plans to put Trump’s nominee to a vote by the end of October ahead of the presidential election.
Trump plans to announce his pick to fill a third Supreme Court seat in his first term on Saturday. From there, the Senate Judiciary Committee will pick up the nominee before the full Senate votes to confirm.
Baldwin argued that Republicans, with McConnell at the helm as the president’s field general for landing conservative judges on the federal bench, have used opposition to the Affordable Care Act and Roe v. Wade as a litmus test for judicial nominees.
In a newly released report, Democrats point to Judge Justin Walker, who joined the D.C. Circuit this month, as an example of the Trump administration handpicking judges who will attack the ACA.
During his nomination hearing, Walker shrugged off questions about his support for Justice Brett Kavanaugh’s dissenting opinion in Seven-Sky v. Holder in which he argued as a D.C. Circuit judge at the time that the appeals court lacked jurisdiction to hear a challenge to the ACA.
Writing for The Federalist, a conservative online magazine, Walker in 2018 called the Supreme Court upholding the ACA an “indefensible decision.” Kavanaugh’s dissent had provided a “roadmap to the conclusion reached by the dissenters—that the individual mandate is unconstitutional under the Taxing Clause,” he added.
Seventh Circuit Judge Amy Coney Barrett, another Trump jurist flagged in the Democratic Policy and Communications Committee report, questions whether Roe v. Wade is settled law and condemns birth control made available under the APA as a “grave infringement on religious liberty."
Barrett, who has emerged as one of the frontrunners for Ginsburg’s seat, wrote in 2017 that Chief Justice John Roberts had “pushed the Affordable Care Act beyond its plausible meaning to save the statute.”
Both Walker and Barrett when pressed by Senate Democrats during their confirmation hearings would not commit to recuse themselves from cases involving the APA.
Walker said at the time that he would “take every case case-by-case with an open mind.”
With McConnell loudly declaring plans to move full steam ahead with a Trump nominee, and several GOP senators who were considered possible “no” votes announcing they will support the president’s pick, Democrats are seeking to galvanize public opposition to a sixth conservative justice.
“In the next 30 days we want the public to engage and weigh in about what they think about putting a Supreme Court justice on the bench that will support taking away their health care, taking away their ability to make their own reproductive choices as women and all of the other things that are at stake,” Baldwin told reporters.


courthousenews--2020-09-24--Andean ‘Sky Islands’ and Alpine Sunflowers at Risk of Disappearing Forever

( CN ) — In 1831 , an obscure English naturalist named Charles Darwin participated in a five-year voyage that took him to the Galápagos Islands , an isolated archipelago of volcanic islands 500 miles west of Ecuador .
What he found there changed science forever , leading to his theory of evolution that redefined humanity ’ s understanding of natural adaption .
Now , scientists in Colombia are using Darwin ’ s work on evolution to understand another isolated ecosystem threatened by climate change .
When overwhelmed by heat , humans and animals can escape to the mountains for @ @ @ @ @ @ @ alpine ones , are not so lucky , making them among the most vulnerable ecosystems to the effects of human-caused climate change , researchers conclude in a new study published in Frontiers in Ecology and Evolution .
By focusing on biodiversity hotspots called páramos , researchers Dr. Andrés Cortés of the Colombian Corporation for Agricultural Research and Dr. Santiago Madriñán at the Universidad de los Andes in Colombia discovered how these fragile ecosystems are dealing with rising global temperatures .
Also known as “ sky islands , ” páramos are alpine tundra habitats @ @ @ @ @ @ @ the treeline and below the permanent snowline in the northern Andes of South America and in southern Central America .
The species living in these areas “ have adapted to extreme variations in temperature , water availability and sunlight exposure ” over millions of years .
Despite such hearty adaptions , these habitats and the species within them “ will shrink substantially in the next 30 years without conservation efforts , ” hurting both plant and animal biodiversity as well as human populations dependent on these ecosystems , researchers found .
“ Páramos @ @ @ @ @ @ @ hotspots on Earth and they are one of the most threatened , ” said Cortés and Madriñán , who is an expert on páramos .
“ Páramos are also the main water supplier of wetland ecosystems and densely populated areas , hence , disregarding the future of the páramos may jeopardize overall food and water safety in the northern Andes.
” Currently , páramos throughout South America support more than 3,000 plant species , including relatives of the sunflower in the genus Espeletia , recognized by its unbranched trunk topped with a rosette @ @ @ @ @ @ @ responses of a “ typically slow-growing , long-lived plant ” has proven difficult .
While Darwin relied on observation , researchers used the latest computer modeling to predict what this iconic species would look like in 2050 , hoping to find whether these specialized species can adapt quickly enough to survive global warming .
By factoring variables such as nature reserves , surrounding forests , population density , agriculture and mining , Cortés and Madriñán “ confirmed the limited opportunities for Espeletia species to migrate or adapt.
” Researchers hope their findings highlight @ @ @ @ @ @ @ islands ” through more sustainable land-use practices and the development of ecotourism , which can fund local economies while promoting the preservation of critical ecosystems .
“ In the most pessimistic scenario , if Espeletia and páramos were lost forever , science would lose an underexplored laboratory to study evolution happening at incredible rates — it would be just as if the Galápagos Islands disappeared , ” the team said .

Scientists in Colombia are using Charles Darwin’s work on evolution to understand an isolated ecosystem threatened by climate change: the Andes.
Páramo with Espeletia, a species of sunflower that grows in the alpine regions of the Andes in South America. (Andrés Cortés, Santiago Madriñán and coauthors)
(CN) — In 1831, an obscure English naturalist named Charles Darwin participated in a five-year voyage that took him to the Galápagos Islands, an isolated archipelago of volcanic islands 500 miles west of Ecuador. What he found there changed science forever, leading to his theory of evolution that redefined humanity’s understanding of natural adaption.
Now, scientists in Colombia are using Darwin’s work on evolution to understand another isolated ecosystem threatened by climate change.
When overwhelmed by heat, humans and animals can escape to the mountains for cooler temperatures. But habitats, even alpine ones, are not so lucky, making them among the most vulnerable ecosystems to the effects of human-caused climate change, researchers conclude in a new study published in Frontiers in Ecology and Evolution.
By focusing on biodiversity hotspots called páramos, researchers Dr. Andrés Cortés of the Colombian Corporation for Agricultural Research and Dr. Santiago Madriñán at the Universidad de los Andes in Colombia discovered how these fragile ecosystems are dealing with rising global temperatures.
Also known as “sky islands,” páramos are alpine tundra habitats that exist in the narrow places above the treeline and below the permanent snowline in the northern Andes of South America and in southern Central America. The species living in these areas “have adapted to extreme variations in temperature, water availability and sunlight exposure” over millions of years.
Despite such hearty adaptions, these habitats and the species within them “will shrink substantially in the next 30 years without conservation efforts,” hurting both plant and animal biodiversity as well as human populations dependent on these ecosystems, researchers found.
“Páramos are one of the fastest evolving biodiversity hotspots on Earth and they are one of the most threatened,” said Cortés and Madriñán, who is an expert on páramos. “Páramos are also the main water supplier of wetland ecosystems and densely populated areas, hence, disregarding the future of the páramos may jeopardize overall food and water safety in the northern Andes.”
Currently, páramos throughout South America support more than 3,000 plant species, including relatives of the sunflower in the genus Espeletia, recognized by its unbranched trunk topped with a rosette of leaves. But predicting the climate responses of a “typically slow-growing, long-lived plant” has proven difficult.
While Darwin relied on observation, researchers used the latest computer modeling to predict what this iconic species would look like in 2050, hoping to find whether these specialized species can adapt quickly enough to survive global warming. By factoring variables such as nature reserves, surrounding forests, population density, agriculture and mining, Cortés and Madriñán “confirmed the limited opportunities for Espeletia species to migrate or adapt.”
Researchers hope their findings highlight the importance of protecting these “sky islands” through more sustainable land-use practices and the development of ecotourism, which can fund local economies while promoting the preservation of critical ecosystems.
“In the most pessimistic scenario, if Espeletia and páramos were lost forever, science would lose an underexplored laboratory to study evolution happening at incredible rates — it would be just as if the Galápagos Islands disappeared,” the team said.