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Nova Scotia court ruling orders province to better protect endangered species – Global News

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The Nova Scotia government has failed to meet “certain statutory duties” to protect species at risk says a Nova Scotia Supreme Court judge, who also ordered the province’s minister of lands and forestry to fulfil his obligations under the Endangered Species Act.

In a ruling issued Friday, Justice Christa Brothers says the public record has shown a “chronic and systemic failure” to implement action required under the act.

“The minister and the department must uphold the law, all the more so when their duties are as plain as they are in this case,” Brothers wrote. “If they conduct themselves unlawfully without good reason, the court must hold them to account.”

The judge quoted from the 1971 Dr. Seuss book “The Lorax” in the preamble to her 58-page ruling: “UNLESS someone like you cares a whole awful lot, nothing is going to get better. It’s not.”

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READ MORE: Groups say court must force Nova Scotia to protect endangered species

Brothers also cited a 2016 report by the provincial auditor general that criticized department inaction, a followup report by the department on the auditor’s recommendations in 2018, and the 2018 Lahey Report on forestry practices to back her conclusion.

The ruling is the result of a judicial review application by the Federation of Nova Scotia Naturalists, the Blomidon Naturalists Society, the Halifax Field Naturalists and wildlife biologist Bob Bancroft that was heard last fall.

The groups argued that Lands and Forestry Minister Iain Rankin has failed to meet requirements under the act, including requirements to devise and implement recovery plans for species at risk, create recovery teams and identify core habitats.

They cited six animal and plant species as examples – the mainland moose, Canada warbler, eastern wood pewee, wood turtle, ram’s head lady’s slipper and black ash.

“Nature won,” Bancroft said of the court ruling in an interview Monday. “The question is whether they (politicians) will actually do anything or not.”

READ MORE: Nova Scotia naturalists take province to court in attempt to enforce Endangered Species Act

Bancroft said he believes nature has been compromised over the years on many fronts because of an “industrial agenda” within the department, particularly when it comes to forestry practices.

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“At least we got to the bottom of the species at risk issue effectively in law, so I’m grateful to the lawyers and Judge Brothers for that.”

Brothers noted that in the case of the Canada warbler, which was listed as endangered in 2013, the minister had one year to appoint a recovery team under the act.

But she said a team wasn’t appointed until March 2019, shortly after the naturalist groups filed for judicial review and “some five years after the time frame contemplated by the Endangered Species Act.”

Brothers said little action also occurred when it came to the ram’s head lady’s slipper, a plant listed as endangered in 2007.

“The minister neither appointed a recovery team nor prepared a plan in 2008,” she wrote. “According to the record, a draft recovery plan was created in 2009. There is nothing in either the record or submissions to explain why this plan was never finalized.”

Brothers said a plants recovery team was appointed in May 2019 that included the lady slipper and a recovery plan is pending.

“What of the 11 years that elapsed between the designation of the species and the appointment of the team?” the ruling asks.

The judge also said lawyers for the province had cited “several somewhat vague suggestions” of limited departmental resources as justification for the delay.

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“There is no apparent support in the record for the claim that institutional restraints, such as lack of resources, are at fault for this failure to observe statutory requirements,” she said.

During two days of hearings last September the lawyer for the naturalist groups, James Simpson, argued that the language in the act, with its use of the word “shall”, creates an imperative for the department to enforce the existing law.

Brothers agreed in her ruling. “The minister has no discretion to avoid this duty,” she wrote.

In an email, Lands and Forestry Department spokeswoman Lisa Jarrett said there’s no word yet on a potential appeal of the ruling.

“The province has just received the ruling and is currently reviewing it to determine next steps,” she said.

This report by The Canadian Press was first published June 1, 2020.

© 2020 The Canadian Press

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Whooping cough is at a decade-high level in US

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MILWAUKEE (AP) — Whooping cough is at its highest level in a decade for this time of year, U.S. health officials reported Thursday.

There have been 18,506 cases of whooping cough reported so far, the Centers for Disease Control and Prevention said. That’s the most at this point in the year since 2014, when cases topped 21,800.

The increase is not unexpected — whooping cough peaks every three to five years, health experts said. And the numbers indicate a return to levels before the coronavirus pandemic, when whooping cough and other contagious illnesses plummeted.

Still, the tally has some state health officials concerned, including those in Wisconsin, where there have been about 1,000 cases so far this year, compared to a total of 51 last year.

Nationwide, CDC has reported that kindergarten vaccination rates dipped last year and vaccine exemptions are at an all-time high. Thursday, it released state figures, showing that about 86% of kindergartners in Wisconsin got the whooping cough vaccine, compared to more than 92% nationally.

Whooping cough, also called pertussis, usually starts out like a cold, with a runny nose and other common symptoms, before turning into a prolonged cough. It is treated with antibiotics. Whooping cough used to be very common until a vaccine was introduced in the 1950s, which is now part of routine childhood vaccinations. It is in a shot along with tetanus and diphtheria vaccines. The combo shot is recommended for adults every 10 years.

“They used to call it the 100-day cough because it literally lasts for 100 days,” said Joyce Knestrick, a family nurse practitioner in Wheeling, West Virginia.

Whooping cough is usually seen mostly in infants and young children, who can develop serious complications. That’s why the vaccine is recommended during pregnancy, to pass along protection to the newborn, and for those who spend a lot of time with infants.

But public health workers say outbreaks this year are hitting older kids and teens. In Pennsylvania, most outbreaks have been in middle school, high school and college settings, an official said. Nearly all the cases in Douglas County, Nebraska, are schoolkids and teens, said Justin Frederick, deputy director of the health department.

That includes his own teenage daughter.

“It’s a horrible disease. She still wakes up — after being treated with her antibiotics — in a panic because she’s coughing so much she can’t breathe,” he said.

It’s important to get tested and treated with antibiotics early, said Dr. Kris Bryant, who specializes in pediatric infectious diseases at Norton Children’s in Louisville, Kentucky. People exposed to the bacteria can also take antibiotics to stop the spread.

“Pertussis is worth preventing,” Bryant said. “The good news is that we have safe and effective vaccines.”

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AP data journalist Kasturi Pananjady contributed to this report.

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The Associated Press Health and Science Department receives support from the Robert Wood Johnson Foundation. The AP is solely responsible for all content.

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Scientists show how sperm and egg come together like a key in a lock

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How a sperm and egg fuse together has long been a mystery.

New research by scientists in Austria provides tantalizing clues, showing fertilization works like a lock and key across the animal kingdom, from fish to people.

“We discovered this mechanism that’s really fundamental across all vertebrates as far as we can tell,” said co-author Andrea Pauli at the Research Institute of Molecular Pathology in Vienna.

The team found that three proteins on the sperm join to form a sort of key that unlocks the egg, allowing the sperm to attach. Their findings, drawn from studies in zebrafish, mice, and human cells, show how this process has persisted over millions of years of evolution. Results were published Thursday in the journal Cell.

Scientists had previously known about two proteins, one on the surface of the sperm and another on the egg’s membrane. Working with international collaborators, Pauli’s lab used Google DeepMind’s artificial intelligence tool AlphaFold — whose developers were awarded a Nobel Prize earlier this month — to help them identify a new protein that allows the first molecular connection between sperm and egg. They also demonstrated how it functions in living things.

It wasn’t previously known how the proteins “worked together as a team in order to allow sperm and egg to recognize each other,” Pauli said.

Scientists still don’t know how the sperm actually gets inside the egg after it attaches and hope to delve into that next.

Eventually, Pauli said, such work could help other scientists understand infertility better or develop new birth control methods.

The work provides targets for the development of male contraceptives in particular, said David Greenstein, a genetics and cell biology expert at the University of Minnesota who was not involved in the study.

The latest study “also underscores the importance of this year’s Nobel Prize in chemistry,” he said in an email.

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The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

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