Sunday, June 18, 2023

Heat wave triggers big storms power outages in US Southeast raises wildfire concerns in Southwest

(AP) — Forecasters warned people celebrating Father’s Day outdoors to take precautions as triple-digit temperatures prompted heat advisories across much of the southern U.S., triggered thunderstorms that knocked out power from Oklahoma to Mississippi and whipped up winds that raised wildfire threats in Arizona and New Mexico.

A suspected tornado struck near Scranton, Arkansas early Sunday, destroying chicken houses and toppling trees onto homes, the National Weather Service said. There were no immediate reports of serious injuries.

Meteorologists said that potentially record-breaking temperatures would continue into midweek over southern Texas and much of the Gulf Coast. Storms producing damaging winds, hail and possibly tornadoes could strike the lower Mississippi Valley.

“If you have outdoor plans this #FathersDay, don’t forget to practice heat safety! Take frequent breaks, stay hydrated, NEVER leave people/pets alone in a car!” the weather service office in Houston said on Twitter.

Louisiana Gov. John Bel Edwards declared a state of emergency for north and central parts of his state after strong winds and severe weather caused widespread power outages on Saturday. On Sunday, more than 740,000 people were without power in Oklahoma, Texas, Louisiana, Arkansas, and Mississippi, according to PowerOutage.us.

About 30 people spent Saturday night at a cooling center in Shreveport, Louisiana. Residents were thankful to have a place to get out of the sweltering heat, said Madison Poche, director of nonprofit Highland Center, which opened its doors to anyone who needed somewhere to cool off.

“We definitely had a few people tear up because folks have been stuck inside some pretty hot spaces and really just need a space to be physically comfortable for a while,” Poche said. She added that damage from the storm appears widespread in Shreveport.

In Florida, the weather service issued another heat advisory Sunday, this time mainly for the Florida Keys. Forecasters said heat index readings – the combination of high temperatures and oppressive humidity – could reach between 108 degrees Fahrenheit (42 Celsius) and 112 degrees (45 C) in places such as Key Largo, Marathon and Key West.

“These conditions will cause increased risk of heat illness for people outdoors or in non-air conditioned spaces,” the weather service said in a bulletin.

In the Southwest, where fire crews are battling multiple wildfires in Arizona and New Mexico, forecasters said triple-digit temperatures and gusty winds would lead to critical fire weather over the next couple of days. Sunday promised to be the hottest day of the year in Arizona, with highs up to 110 degrees (43.5 C) in Phoenix.

Winds were forecast to gust from 30 mph to 40 mph (48-64 kph) on Sunday east of Flagstaff, Arizona along the Interstate 40 corridor and up to 50 mph (80 kph) on Monday, creating potentially critical fire weather across much of northeast New Mexico.

A large brush fire that broke out Friday afternoon south of Tucson, Arizona shut down a state highway on Saturday. Arizona 83 reopened on Sunday and no homes were in immediate danger, authorities said.

The prolonged closure took a toll on local businesses during what’s usually a busy Father’s Day weekend in an area with recreational lakes and reservoirs.

Dena Proez said the only business at her Corner Scoop ice cream shop along the highway in Sonoita was serving a few travelers who stopped to get updates on the fire “and feeding all the firefighters.”

Much of Nevada was under a high-wind advisory with gusts up to 55 mph (88 kph) with blowing dust that could hamper visibility on highways, the weather service said.

By SCOTT SONNER Associated Press



from Courthouse News

Saturday, June 10, 2023

Ted Kaczynski, known as the Unabomber for years of attacks that killed 3, dies in prison at 81

WASHINGTON (AP) — Theodore “Ted” Kaczynski, the Harvard-educated mathematician who retreated to a dingy shack in the Montana wilderness and ran a 17-year bombing campaign that killed three people and injured 23 others, died Saturday. He was 81.

Branded the “Unabomber” by the FBI, Kaczynski died at the federal prison medical center in Butner, North Carolina, Kristie Breshears, a spokesperson for the federal Bureau of Prisons, told The Associated Press. He was found unresponsive in his cell early Saturday morning and was pronounced dead around 8 a.m., she said. A cause of death was not immediately known.

Before his transfer to the prison medical facility, he had been held in the federal Supermax prison in Florence, Colorado, since May 1998, when he was sentenced to four life sentences plus 30 years for a campaign of terror that set universities nationwide on edge. He admitted committing 16 bombings from 1978 and 1995, permanently maiming several of his victims.

Years before the Sept. 11 attacks and the anthrax mailing, the Unabomber’s deadly homemade bombs changed the way Americans mailed packages and boarded airplanes, even virtually shutting down air travel on the West Coast in July 1995.

He forced The Washington Post, in conjunction with The New York Times, to make the agonizing decision in September 1995 to publish his 35,000-word manifesto, “Industrial Society and Its Future,” which claimed modern society and technology was leading to a sense of powerlessness and alienation.

But it led to his undoing. Kaczynski’s brother, David, and David’s wife, Linda Patrik, recognized the treatise’s tone and tipped off the FBI, which had been searching for the Unabomber for years in nation’s longest, costliest manhunt.

Authorities in April 1996 found him in a 10-by-14-foot (3-by-4-meter) plywood and tarpaper cabin outside Lincoln, Montana, that was filled with journals, a coded diary, explosive ingredients and two completed bombs.

As an elusive criminal mastermind, the Unabomber won his share of sympathizers and comparisons to Daniel Boone, Edward Abbey and Henry David Thoreau.

But once revealed as a wild-eyed hermit with long hair and beard who weathered Montana winters in a one-room shack, Kaczynski struck many as more of a pathetic loner than romantic anti-hero.

Even in his own journals, Kaczynski came across not as a committed revolutionary but as a vengeful hermit driven by petty grievances.

“I certainly don’t claim to be an altruist or to be acting for the ‘good’ (whatever that is) of the human race,” he wrote on April 6, 1971. “I act merely from a desire for revenge.”

A psychiatrist who interviewed Kaczynski in prison diagnosed him as a paranoid schizophrenic.

“Mr. Kaczynski’s delusions are mostly persecutory in nature,” Sally Johnson wrote in a 47-page report. “The central themes involve his belief that he is being maligned and harassed by family members and modern society.”

Kaczynski hated the idea of being viewed as mentally ill and when his lawyers attempted to present an insanity defense, he tried to fire them. When that failed, he tried to hang himself with his underwear.

Kaczynski eventually pleaded guilty rather than let his defense team proceed with an insanity defense.

“I’m confident that I’m sane,” Kaczynski told Time magazine in 1999. “I don’t get delusions and so forth.”

He was certainly brilliant.

Kaczynski skipped two grades to attend Harvard at age 16 and had published papers in prestigious mathematics journals. His explosives were carefully tested and came in meticulously handcrafted wooden boxes sanded to remove possible fingerprints. Later bombs bore the signature “FC” for “Freedom Club.”

The FBI called him the “Unabomber” because his early targets seemed to be universities and airlines. An altitude-triggered bomb he mailed in 1979 went off as planned aboard an American Airlines flight; a dozen people aboard suffered from smoke inhalation.

Kaczynski killed computer rental store owner Hugh Scrutton, advertising executive Thomas Mosser and timber industry lobbyist Gilbert Murray. California geneticist Charles Epstein and Yale University computer expert David Gelernter were maimed by bombs two days apart in June 1993.

Mosser was killed in his North Caldwell, New Jersey, home on Dec. 10, 1994, a day he was supposed to be picking out a Christmas tree with his family. His wife, Susan, found him grievously wounded by a barrage of razor blades, pipes and nails.

“He was moaning very softly,” she said at Kaczynski’s 1998 sentencing. “The fingers on his right hand were dangling. I held his left hand. I told him help was coming. I told him I loved him.”

When Kaczynski stepped up his bombs and letters to newspapers and scientists in 1995, experts speculated the Unabomber was jealous of the attention being paid to Oklahoma City bomber Timothy McVeigh.

A threat to blow up a plane out of Los Angeles before the end of the July Fourth weekend threw air travel and mail delivery into chaos. The Unabomber later claimed it was a “prank.”

The Washington Post printed the Unabomber’s manifesto at the urging of federal authorities, after the bomber said he would desist from terrorism if a national publication published his treatise.

Patrik had had a disturbing feeling about her brother-in-law even before seeing the manifesto and eventually persuaded her husband to read a copy at the library. After two months of arguments, they took some of Ted Kaczynski’s letters to Patrik’s childhood friend Susan Swanson, a private investigator in Chicago.

Swanson in turn passed them along to former FBI behavioral science expert Clint Van Zandt, whose analysts said whoever wrote them had also probably written the Unabomber’s manifesto.

“It was a nightmare,” David Kaczynski, who as a child had idolized his older brother, said in a 2005 speech at Bennington College. “I was literally thinking, ‘My brother’s a serial killer, the most wanted man in America.'”

Swanson turned to a corporate lawyer friend, Anthony Bisceglie, who contacted the FBI. The investigation and prosecution were overseen by now-Attorney General Merrick Garland, during a previous stint at the Justice Department.

David Kaczynski wanted his role kept confidential, but his identity quickly leaked out and Ted Kaczynski vowed never to forgive his younger sibling. He ignored his letters, turned his back on him at court hearings and described David Kaczynski in a 1999 book draft as a “Judas Iscariot (who) … doesn’t even have enough courage to go hang himself.”

Ted Kaczynski was born May 22, 1942, in Chicago, the son of second-generation Polish Catholics — a sausage-maker and a homemaker. He played the trombone in the school band, collected coins and skipped the sixth and 11th grades.

His high school classmates thought him odd, particularly after he showed a school wrestler how to make a mini-bomb that detonated during chemistry class.

Harvard classmates recalled him as a lonely, thin boy with poor personal hygiene and a room that smelled of spoiled milk, rotting food and foot powder.

After graduate studies at the University of Michigan at Ann Arbor, he got a job teaching math at the University of California at Berkeley but found the work difficult and quit abruptly. In 1971, he bought a 1½-acre parcel about 4 miles (6 kilometers) outside of Lincoln and built a cabin there without heating, plumbing or electricity.

He learned to garden, hunt, make tools and sew, living on a few hundred dollars a year.

He left his cabin in Montana in the late 1970s to work at a foam rubber products manufacturer outside Chicago with his father and brother. But when a female supervisor dumped him after two dates, he began posting insulting limericks about her and wouldn’t stop.

His brother fired him and Ted Kaczynski soon returned to the wilderness to continue plotting his vengeful killing spree.

By MICHAEL BALSAMO and LINDSAY WHITEHURST Associated Press



from Courthouse News

Thursday, June 8, 2023

Newsom calls for constitutional amendment to limit gun access

SACRAMENTO, Calif. (CN) — California Governor Gavin Newsom has announced his latest move in a campaign to enhance nationwide firearm safety measures, proposing another amendment to the U.S. Constitution to enshrine some gun control measures into law. 

The governor said Thursday the proposed amendment would not affect the Second Amendment, but would guarantee universal background checks, raise the firearm purchase age to 21, institute a purchase waiting period and bar the civilian purchase of assault weapons.

“The 28th Amendment will enshrine in the Constitution common sense gun safety measures that Democrats, Republicans, Independents and gun owners overwhelmingly support — while leaving the 2nd Amendment unchanged and respecting America’s gun-owning tradition,” Newsom said in a statement.

To pass the amendment, advocates would need to hold a convention to propose changes to the U.S. Constitution, also known as an Article V convention or amendatory convention. California would be the first state in the nation to call for such a convention, with a joint resolution introduced by California State Senator Aisha Wahab and Assemblymember Reggie Jones-Sawyer. 

Newsom says he will work with grassroots supporters, elected and civic leaders and coalitions across the country to encourage passing similar resolutions in other state legislatures. It would take 33 other states to convene such a convention.

“A man of action, Governor Gavin Newsom has the backbone to actually do something about the gun fetish culture around weapons of war, and tackle the relentless problem of gun violence and mass shootings,” said Wahab. “As someone impacted by gun violence, I have an obligation to elevate the voices of victims and those of us left behind in the wake of tragedy.”

“We cannot stand idly while courts roll back our work and diminish the ability of our Legislature to keep Californians safe,” said Jones-Sawyer. “This bold but fair resolution calls on other states to join us in protecting some of the most effective ways of reducing gun violence.” 

Opposition to the proposal also came swiftly Thursday from Assemblymember James Gallagher of Marysville, a frequent Newsom critic and state Assembly Republican leader.

“When your policy agenda results in widespread failures at home you have two choices: Admit your failures & adjust, distract & deflect,” Gallagher said in a tweet.

The governor’s administration and many Democrat state lawmakers have been pushing for change on gun safety in various forms for years – with varying degrees of success in the courts, particularly when up against the Supreme Court.

Senate Bill 918, which addressed issues flagged by the Supreme Court in New York Rifle & Pistol Association Inc. v. Bruen, and other gun control bills were heavily amended or killed outright in the recent legislative session. But Newsom signed other bills making it easier for Californians to sue manufacturers and distributors of illegal assault weapons, allowing lawsuits against irresponsible gun industry members, strengthening prohibitions on ghost guns and restricting marketing to minors.

In February, the governor presented new proposed legislation called Senate Bill 2 to enhance firearm licensing measures, set the minimum age to obtain a carrying license to 21, increasing training requirements and establishing community spaces where people can expect safety from gun violence.

California is ranked as the No. 1 state for gun safety by the Giffords Law Center, and now has a 37% lower gun death rate than the national average. According to the Centers for Disease Control and Prevention, California’s gun death rate was the 44th lowest in the nation, with 8.5 gun deaths per 100,000 people — compared to 13.7 deaths per 100,000 nationally, 28.6 in Mississippi, 20.7 in Oklahoma, and 14.2 in Texas.



from Courthouse News

Wednesday, June 7, 2023

Missouri governor signs ban on transgender health care, school sports

JEFFERSON CITY, Mo. (AP) — Transgender minors and some adults in Missouri will soon be limited from accessing puberty blockers, hormones and gender-affirming surgeries — as well as some school sports teams — under bills signed Wednesday by the state’s Republican governor.

Beginning Aug. 28, Missouri health care providers won’t be able to prescribe those gender-affirming treatments for teens and children. Most adults will still have access to transgender health care under the law, but Medicaid won’t cover it. Prisoners in the state must pay for gender-affirming surgeries out-of-pocket under the law, the governor’s spokesperson Kelli Jones said.

Gov. Mike Parson called hormones, puberty blockers and gender-affirming surgeries “harmful, irreversible treatments and procedures” for minors.

“We support everyone’s right to his or her own pursuit of happiness,” Parson said in a statement Wednesday. “However, we must protect children from making life-altering decisions that they could come to regret in adulthood once they have physically and emotionally matured.”

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Every major medical organization, including the American Medical Association, has opposed the bans on gender-affirming care for minors and supported the medical care for youth when administered appropriately. Lawsuits have been filed in several states where bans have been enacted this year.

Parson also signed legislation Wednesday to ban transgender girls and women from playing on female sports teams from kindergarten through college. Both public and private schools face losing all state funding for violating the law.

“Today, Governor Parson showed just how little Missouri’s state government values LGBTQ+ lives and, in particular, transgender and gender-expansive youth,” said Shira Berkowitz, of the state’s LGBTQ+ advocacy group PROMO.

The laws are set to expire in 2027 as part of a Republican compromise with Senate Democrats.

Parson called on the Republican-led Legislature to pass the bills in the final weeks of its session and threatened to keep them working past their May 12 end date if they did not.

Republican leaders of the House and Senate pledged at the beginning of session to pass the bills, but the chambers disagreed on how restrictive the bans should be.

The House ultimately took up the Senate’s toned-down version of the health care bill, which includes an exception that allows transgender minors to continue receiving gender-affirming health care if they have already started treatment.

“The governor could have said ‘no’ to bigotry and hate,” Missouri House Democratic Minority Leader Crystal Quade said in a statement. “Instead he embraced it.”

Missouri’s bans come amid a national push by conservatives to put restrictions on transgender and nonbinary people, which alongside abortion has become a major theme of state legislative sessions this year.

At least 20 states, including Missouri, have now enacted laws restricting or banning gender-affirming medical care for transgender minors.

A legal challenge to Missouri’s laws is possible. When the Legislature first passed the bills, the ACLU of Missouri said it “will continue to explore all options to fight these bans and to expand the rights of trans Missourians.”

Federal judges have blocked enforcement of laws in Alabama and Arkansas, and Oklahoma has agreed to not enforce its ban while opponents seek a temporary court order blocking it.

Missouri’s Planned Parenthood clinics had been ramping up available appointments and holding pop-up clinics to start patients on treatments ahead of the law taking effect.

In April, Missouri’s Republican Attorney General Andrew Bailey took the novel step of imposing restrictions on adults as well as children under Missouri’s consumer-protection law. He pulled the rule in May after the GOP-led Legislature sent the bills to Parson.

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By SUMMER BALLENTINE Associated Press



from Courthouse News

Tuesday, June 6, 2023

Louisiana lawmakers approve anti-LGBTQ+ bills that include ban on trans care for minors

BATON ROUGE, La. (AP) — Louisiana is poised to become the latest state to enact laws targeting the LGBTQ+ community, after the Republican-controlled Legislature on Tuesday sent a package to the Democratic governor that includes a ban on gender-affirming care for minors.

The Legislature also overwhelmingly passed Louisiana’s version of a “Don’t Say Gay” bill and a measure outlining pronoun usage for students.

Democratic Gov. John Bel Edwards opposes the legislation but has not said whether he would veto the bills. Republicans hold a veto-proof majority in the Legislature, and the bills passed largely along party lines. Last year, Edwards chose not to block a Louisiana law banning transgender athletes from participating in women’s and girls’ sports competitions, saying it was clear a veto would be overridden.

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Debate in the Legislature over the transgender care measure was marked by misinformation, religious arguments, hours of emotional testimony from the LGBTQ+ community, and a dramatic resurrection of a bill once presumed dead. It echoed what is happening in many statehouses across the country, as bills targeting the transgender community have topped conservative agendas. Louisiana’s measure would take effect Jan. 1.

This year alone, more than 525 anti-LGBTQ+ bill have been introduced in 41 states, according to data collected by the Human Rights Campaign. Among that legislation, more than 220 measures specifically target transgender youths, the organization found. On Tuesday, HRC declared a state of emergency for LGBTQ+ people in the U.S., releasing a guidebook containing resources to help people relocate to states with stronger LGBTQ+ protections.

Republicans maintain that they are trying to protect children by banning care that can include puberty blockers, hormone treatment and surgery. Opponents argue it would do the opposite, leading to heightened risks of stress, depression and suicidal thoughts among an already vulnerable group.

Gender-affirming care for transgender children has been available in the United States for more than a decade and is endorsed by major medical associations.

Yet at least 19 states have now enacted laws restricting or banning it for transgender minors: Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, Utah, South Dakota and West Virginia. A federal judge temporarily blocked portions of Florida’s new law Tuesday in a ruling narrowly focused on three children whose parents sued.

Federal judges have blocked enforcement of laws in Alabama and Arkansas, and Oklahoma has agreed to not enforce its ban while opponents seek a temporary court order blocking it. Several other states are considering bills this year to restrict or ban care. A proposed ban is pending before Missouri’s governor.

Opponents of a Louisiana ban, including the American Civil Liberties Union of Louisiana, are urging Edwards to veto it.

“Our state should be a safe place to raise a child, and this law threatens to deny transgender youth the safety and dignity they deserve,” the organization said in a written statement Monday. “This extreme government overreach harms everyone in our state, especially transgender Louisianans, and we all deserve better.”

Another bill passed by the Legislature would broadly ban K-12 public school employees in Louisiana from discussing sexual orientation or gender identity in the classroom. It is similar to a law enacted in Florida last year that critics dubbed, “Don’t Say Gay.” So far, three other states — Alabama, Arkansas and Iowa — have enated similar similar “Don’t Say Gay” laws, according to HRC.

Additionally, Louisiana lawmakers passed legislation requiring public school teachers to use the pronouns and name that align with a student’s sex assigned at birth. Under the bill, a parent can give written consent for pronouns, not consistent with the student’s sex assigned at birth, to be used. However a teacher can override the parent’s request “if doing so would violate the employee’s sincerely held religious beliefs.”

Other statehouses across the U.S. are considering similar legislation, which would formally allow or require schools to deadname transgender students or could out them to their parents without consent. Deadnaming refers to using the name a transgender person used prior to transitioning.

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By SARA CLINE Associated Press



from Courthouse News

Monday, June 5, 2023

Amount of warming triggering carbon dioxide in air hits new peak, growing at near-record fast rate

(AP) — The cause of global warming is showing no signs of slowing as heat-trapping carbon dioxide in Earth’s atmosphere increased to record highs in its annual Spring peak, jumping at one of the fastest rates on record, officials announced Monday.

Carbon dioxide levels in the air are now the highest they’ve been in more than 4 million years because of the burning of oil coal and gas. The last time the air had similar amounts was during a less hospitable hothouse Earth before human civilization took root, scientists said.

The National Oceanic Atmospheric Administration announced that the carbon dioxide level measured in May in Hawaii averaged 424 parts per million. That’s 3 parts per million more than last year’s May average and 51% higher than pre-industrial levels of 280 ppm. It is one of the largest annual May-to-May increases in carbon dioxide levels on record, behind only 2016 and 2019, which had jumps of 3.7 and 3.4 parts per million.

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“To me as an atmospheric scientist, that trend is very concerning,” said NOAA greenhouse gas monitoring group leader Arlyn Andrews. “Not only is CO2 continuing to increase despite efforts to start reducing emissions, but it’s increasing faster than it was 10 or 20 years ago.”

Emissions used to increase by maybe 1 part per million per year, but now they are increasing at twice and even three times that rate, depending on whether there is an El Niño, Andrews said.

“The relentless rise in atmospheric CO2 is incredibly worrying if not wholly predictable,” said Brown University climate scientist Kim Cobb, who was not part of the research.

Carbon dioxide levels are rising so that each year is higher than the last. However, there’s a seasonal cycle with carbon dioxide so that it reaches its highest saturation point in May. That’s because two-thirds of the globe’s land is in the northern hemisphere and plants suck carbon dioxide out of the air, so during late spring and summer carbon dioxide levels fall until they start rising again in November, Andrews said.

Carbon dioxide levels rise more during El Niño climate cycles because it is hotter and drier in the Tropics. An El Niño is brewing. That 3.0 increase may be a sign of an El Niño bump, she said.

There are two main ways of tracking greenhouse gases. One is to monitor what’s coming out of smokestacks and exhaust pipes, but about half of that is absorbed by the oceans and lands, Andrews said.

The other way is to measure how much carbon dioxide is in the air. NOAA and partner agencies measure all around the world. Hawaii has the longest history of direct measurements and is the home of the Scripps Institution of Oceanography’s Keeling Curve, which has kept track of carbon in the air since 1958 when the May reading peaked at 317.5. Emissions have gone up about 33% since then.

“Current emissions are going to remain in the atmosphere for thousands of years and they’re going to continue to trap heat energy near Earth’s surface for thousands of years,” Andrews said.

Because of that “we are still dealing with CO2 in the atmosphere that was emitted in the early-to-mid 20th century,” University of Oklahoma meteorology professor Jason Furtado, who wasn’t part of the monitoring teams, said in an email. “This is why we have to see emissions DROP in order to have a chance to reverse climate change. And even if/when we reverse the CO2 emissions rate, it will take some time before the climate system responds.”

This year NOAA had a complication in its reading.

NOAA and the Scripps Institution have two distinct monitors that have slightly different measurements. Scripps measured 423.8 parts per million and often runs a bit below NOAA. Both have been at the remote Mauna Loa volcano for decades but last November’s eruption cut off power to the NOAA monitor and it’s been unable to use it since. NOAA established another one at Mauna Kea Volcano, 21 miles away.

Scripps got their Mauna Loa site working and put one at Mauna Kea and their data shows that Mauna Kea is an accurate substation for Mauna Loa, Andrews said.

Many activists and scientists advocate for returning to 350 parts per million levels.

“CO2 now is higher than any time in the last 4 to 4.5 million years when the atmosphere was about 7 degrees Fahrenheit (3.9 degrees Celsius) warmer and sea levels were 5 to 25 meters (16 to 82 feet) higher,” Andrews said.

Temperatures were higher with similar amount of carbon dioxide in the air because carbon dioxide traps heat for so long and millions of years ago the build up of carbon dioxide was much more gradual, allowing heat to build and ice to melt to raise seas, scientists said.

“We are absolutely at levels unseen in human civilization,” Furtado said. “Humans are running a massive experiment on the Earth climate system via burning carbon, and the results are turning out not great for a lot of people on this planet.”

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By SETH BORENSTEIN AP Science Writer

Associated Press climate and environmental coverage receives support from several private foundations. See more about AP’s climate initiative here. The AP is solely responsible for all content.



from Courthouse News

Friday, June 2, 2023

Suboxone drugmaker pays big bucks to avoid antitrust trial

PHILADELPHIA (CN) — Dozens of U.S. states on Friday announced a $102.5 million settlement with the drugmaker behind Suboxone, the brand name for a critical drug used to treat opioid dependence.

In a suit first filed in federal court in Philadelphia in 2016, a group of 41 states led by Wisconsin had accused Virginia-based manufacturer Indivior of conspiring to avoid generic competition for the drug.

The pharmaceutical giant had changed its formulation of Suboxone from a tablet to a dissolving film — a move known as “product hopping,” which artificially inflated prices for the drug in the midst of the country’s growing opioid epidemic.

Indivior denies wrongdoing — but the company nonetheless made major concessions to regulators. It agreed to pay a total of $102.5 million to the states and to file regular reports, including compliance reports concerning any FDA citizen-led petitions involving Suboxone or if the company plans to make any new products.

The U.S. Food and Drug Administration approved Indivior’s Suboxone for sale in the United States in 2002 and gave Indivior the exclusive right to sell the product for the next seven years.

In 2013, just as generic Subloxone tablets received federal approval for sale, the company began selling Suboxone as an oral film instead, ultimately prompting this group of states to sue.

Josh Kaul, Wisconsin’s Democratic attorney general, applauded the settlement in a statement on Friday.

“I’m proud that [the] Wisconsin DOJ led this significant multistate effort and is bringing this case to a successful conclusion,” Kaul said, referring to the Wisconsin’s state-level Department of Justice. “However long it takes, we will continue to hold companies accountable for alleged anticompetitive activities.”

In his own statement on Friday, Indivior CEO Mark Crossley dodged any questions of wrongdoing.

Instead, Crossley said, the company is focused on helping those with substance use disorders.

“We take our role as a responsible steward of medications for addiction and rescue extremely seriously,” he said. “Resolving these legacy matters at the right value allows us to further this mission for patients.”

In 2021, more than 80,000 people in the United States died from opioid-related overdoses, the U.S. Centers for Disease Control and Prevention estimate. Suboxone can be used both as a prescription to treat opioid dependence as well as an “induction agent” that stabilizes an opioid user in withdrawal.

From its filing in 2016, the suit ballooned to involve virtually every other state, including Alabama, Alaska, Arkansas, California, Colorado, District of Columbia, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, West Virginia, and Washington. Washington, D.C. also joined the suit.

This settlement avoids a trial that had been set for September 18, 2023. It still requires final approval from U.S. District Judge Mitchell Goldberg, a George W. Bush appointee and the Philadelphia federal judge overseeing the case.



from Courthouse News