adplus-dvertising
Connect with us

News

Michigan signals intent to appeal decision keeping Line 5 dispute in federal court

Published

 on

WASHINGTON — Michigan’s chief law enforcement officer isn’t quite ready to give up on getting the dispute over the cross-border Line 5 pipeline remanded back to state court.

Attorney General Dana Nessel, whose strategy hinges on getting Gov. Gretchen Whitmer’s bid to shut down the Enbridge-owned pipeline heard at the state level, wants to appeal last month’s decision to keep it in federal court.

Michigan “believes that there is room for reasonable jurists to disagree with the court’s holdings,” Nessel writes in a brief filed last week in support of her motion.

“Immediate interlocutory appeal is appropriate to advance the ultimate termination of the litigation.”

Those, according to Nessel’s argument, are the primary conditions necessary for the court to certify an appeal order while the underlying case is still ongoing — a little-used procedure known as an interlocutory appeal.

At issue for Nessel is last month’s decision by Michigan District Court Janet Neff to reject her request to send the current legal action back to the circuit court level, where it originated in 2019.

It was the second time that Neff rejected Michigan’s argument, the first coming late last year in a separate but nearly identical case that Nessel promptly abandoned before repeating the process with the dormant 2019 file.

In her Aug. 18 decision, Neff made clear her disdain for Nessel’s procedural tactics, describing the strategy as “the improper use of judicial machinery.”

But the motion and brief filed last week suggest Nessel’s not taking that lying down.

“This order involves three controlling questions of law as to which there are substantial grounds for difference of opinion,” Nessel argues in the brief.

Those revolve around whether a 30-day deadline for removing a case to federal court should be considered mandatory, as well as the relevance — if any — of the facts and the findings of the original case, as well as Nessel’s abandoning it.

“There are substantial grounds for difference of opinion regarding the court’s suggestion that the decision denying remand in Whitmer v. Enbridge was unaffected by the voluntary dismissal of that case,” she argues.

“The voluntary dismissal of a case prior to the filing of an answer or a motion for summary judgment terminates the action and vacates the court’s interlocutory orders.”

A pre-emptive appeal now, she continues, would also expedite the resolution of the dispute by ensuring that both parties don’t end up relitigating the entire case in the event a state court disagrees with Neff’s conclusions.

Line 5 ferries upwards of 540,000 barrels per day of crude oil and natural gas liquids across the Canada-U. S. border, crossing the Great Lakes by way of a twin line that runs along the bottom of the Straits of Mackinac.

Whitmer and environmentalists want it shut down, fearing that an anchor strike or technical failure would trigger a catastrophe in the ecologically delicate straits, which connect Lake Michigan to Lake Huron and separate Michigan’s upper and lower peninsulas.

Proponents of Line 5 call it a vital source of energy, especially propane, for several Midwestern states, as well as a key source of feedstock for refineries north of the border that produce jet fuel for Canada’s busiest airports.

Enbridge has argued that shutting down Line 5 would “defy an international treaty with Canada that has been in place since 1977.”

Line 5 talks between the two countries under that treaty, which deals specifically with the question of cross-border pipelines, have been ongoing since late last year, though little has been said publicly about the status of those talks.

Just nine days after Neff’s Aug. 18 decision in Michigan, Foreign Affairs Minister Mélanie Joly formally invoked the treaty again, this time in relation to a similar Line 5 court battle in Wisconsin.

There, the pipeline runs directly through the Bad River Reservation, more than 500 square kilometres of pristine wetlands, streams and wilderness that’s home to the Bad River Band of the Lake Superior Chippewa.

The band has been in court with Enbridge for more than three years, alleging the Calgary-based company has violated the terms of the easements that allowed the pipeline to traverse the reservation beginning in 1953.

Enbridge, which argues that a 1992 agreement with the Bad River Band allows the pipeline to keep operating until 2043, is in the process of trying to reroute the pipeline around the reservation.

This report by The Canadian Press was first published Sept. 6, 2022.

 

James McCarten, The Canadian Press

News

STD epidemic slows as new syphilis and gonorrhea cases fall in US

Published

 on

NEW YORK (AP) — The U.S. syphilis epidemic slowed dramatically last year, gonorrhea cases fell and chlamydia cases remained below prepandemic levels, according to federal data released Tuesday.

The numbers represented some good news about sexually transmitted diseases, which experienced some alarming increases in past years due to declining condom use, inadequate sex education, and reduced testing and treatment when the COVID-19 pandemic hit.

Last year, cases of the most infectious stages of syphilis fell 10% from the year before — the first substantial decline in more than two decades. Gonorrhea cases dropped 7%, marking a second straight year of decline and bringing the number below what it was in 2019.

“I’m encouraged, and it’s been a long time since I felt that way” about the nation’s epidemic of sexually transmitted infections, said the CDC’s Dr. Jonathan Mermin. “Something is working.”

More than 2.4 million cases of syphilis, gonorrhea and chlamydia were diagnosed and reported last year — 1.6 million cases of chlamydia, 600,000 of gonorrhea, and more than 209,000 of syphilis.

Syphilis is a particular concern. For centuries, it was a common but feared infection that could deform the body and end in death. New cases plummeted in the U.S. starting in the 1940s when infection-fighting antibiotics became widely available, and they trended down for a half century after that. By 2002, however, cases began rising again, with men who have sex with other men being disproportionately affected.

The new report found cases of syphilis in their early, most infectious stages dropped 13% among gay and bisexual men. It was the first such drop since the agency began reporting data for that group in the mid-2000s.

However, there was a 12% increase in the rate of cases of unknown- or later-stage syphilis — a reflection of people infected years ago.

Cases of syphilis in newborns, passed on from infected mothers, also rose. There were nearly 4,000 cases, including 279 stillbirths and infant deaths.

“This means pregnant women are not being tested often enough,” said Dr. Jeffrey Klausner, a professor of medicine at the University of Southern California.

What caused some of the STD trends to improve? Several experts say one contributor is the growing use of an antibiotic as a “morning-after pill.” Studies have shown that taking doxycycline within 72 hours of unprotected sex cuts the risk of developing syphilis, gonorrhea and chlamydia.

In June, the CDC started recommending doxycycline as a morning-after pill, specifically for gay and bisexual men and transgender women who recently had an STD diagnosis. But health departments and organizations in some cities had been giving the pills to people for a couple years.

Some experts believe that the 2022 mpox outbreak — which mainly hit gay and bisexual men — may have had a lingering effect on sexual behavior in 2023, or at least on people’s willingness to get tested when strange sores appeared.

Another factor may have been an increase in the number of health workers testing people for infections, doing contact tracing and connecting people to treatment. Congress gave $1.2 billion to expand the workforce over five years, including $600 million to states, cities and territories that get STD prevention funding from CDC.

Last year had the “most activity with that funding throughout the U.S.,” said David Harvey, executive director of the National Coalition of STD Directors.

However, Congress ended the funds early as a part of last year’s debt ceiling deal, cutting off $400 million. Some people already have lost their jobs, said a spokeswoman for Harvey’s organization.

Still, Harvey said he had reasons for optimism, including the growing use of doxycycline and a push for at-home STD test kits.

Also, there are reasons to think the next presidential administration could get behind STD prevention. In 2019, then-President Donald Trump announced a campaign to “eliminate” the U.S. HIV epidemic by 2030. (Federal health officials later clarified that the actual goal was a huge reduction in new infections — fewer than 3,000 a year.)

There were nearly 32,000 new HIV infections in 2022, the CDC estimates. But a boost in public health funding for HIV could also also help bring down other sexually transmitted infections, experts said.

“When the government puts in resources, puts in money, we see declines in STDs,” Klausner said.

___

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.



Source link

Continue Reading

News

Japan’s SoftBank returns to profit after gains at Vision Fund and other investments

Published

 on

TOKYO (AP) — Japanese technology group SoftBank swung back to profitability in the July-September quarter, boosted by positive results in its Vision Fund investments.

Tokyo-based SoftBank Group Corp. reported Tuesday a fiscal second quarter profit of nearly 1.18 trillion yen ($7.7 billion), compared with a 931 billion yen loss in the year-earlier period.

Quarterly sales edged up about 6% to nearly 1.77 trillion yen ($11.5 billion).

SoftBank credited income from royalties and licensing related to its holdings in Arm, a computer chip-designing company, whose business spans smartphones, data centers, networking equipment, automotive, consumer electronic devices, and AI applications.

The results were also helped by the absence of losses related to SoftBank’s investment in office-space sharing venture WeWork, which hit the previous fiscal year.

WeWork, which filed for Chapter 11 bankruptcy protection in 2023, emerged from Chapter 11 in June.

SoftBank has benefitted in recent months from rising share prices in some investment, such as U.S.-based e-commerce company Coupang, Chinese mobility provider DiDi Global and Bytedance, the Chinese developer of TikTok.

SoftBank’s financial results tend to swing wildly, partly because of its sprawling investment portfolio that includes search engine Yahoo, Chinese retailer Alibaba, and artificial intelligence company Nvidia.

SoftBank makes investments in a variety of companies that it groups together in a series of Vision Funds.

The company’s founder, Masayoshi Son, is a pioneer in technology investment in Japan. SoftBank Group does not give earnings forecasts.

___

Yuri Kageyama is on X:

The Canadian Press. All rights reserved.



Source link

Continue Reading

News

World’s largest active volcano Mauna Loa showed telltale warning signs before erupting in 2022

Published

 on

WASHINGTON (AP) — Scientists can’t know precisely when a volcano is about to erupt, but they can sometimes pick up telltale signs.

That happened two years ago with the world’s largest active volcano. About two months before Mauna Loa spewed rivers of glowing orange molten lava, geologists detected small earthquakes nearby and other signs, and they warned residents on Hawaii’s Big Island.

Now a study of the volcano’s lava confirms their timeline for when the molten rock below was on the move.

“Volcanoes are tricky because we don’t get to watch directly what’s happening inside – we have to look for other signs,” said Erik Klemetti Gonzalez, a volcano expert at Denison University, who was not involved in the study.

Upswelling ground and increased earthquake activity near the volcano resulted from magma rising from lower levels of Earth’s crust to fill chambers beneath the volcano, said Kendra Lynn, a research geologist at the Hawaiian Volcano Observatory and co-author of a new study in Nature Communications.

When pressure was high enough, the magma broke through brittle surface rock and became lava – and the eruption began in late November 2022. Later, researchers collected samples of volcanic rock for analysis.

The chemical makeup of certain crystals within the lava indicated that around 70 days before the eruption, large quantities of molten rock had moved from around 1.9 miles (3 kilometers) to 3 miles (5 kilometers) under the summit to a mile (2 kilometers) or less beneath, the study found. This matched the timeline the geologists had observed with other signs.

The last time Mauna Loa erupted was in 1984. Most of the U.S. volcanoes that scientists consider to be active are found in Hawaii, Alaska and the West Coast.

Worldwide, around 585 volcanoes are considered active.

Scientists can’t predict eruptions, but they can make a “forecast,” said Ben Andrews, who heads the global volcano program at the Smithsonian Institution and who was not involved in the study.

Andrews compared volcano forecasts to weather forecasts – informed “probabilities” that an event will occur. And better data about the past behavior of specific volcanos can help researchers finetune forecasts of future activity, experts say.

(asterisk)We can look for similar patterns in the future and expect that there’s a higher probability of conditions for an eruption happening,” said Klemetti Gonzalez.

___

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.

The Canadian Press. All rights reserved.



Source link

Continue Reading

Trending