POSSIBLE MILEAGE IN COURT: President TrumpDonald John TrumpCDC updates website to remove dosage guidance on drug touted by Trump Trump says he’d like economy to reopen ‘with a big bang’ but acknowledges it may be limited Graham backs Trump, vows no money for WHO in next funding bill MORE‘s rollback of Obama-era mileage standards last week may prove to be one of the administration’s most vulnerable environmental overhauls as opponents prepare to challenge it in court.

The Trump rule dramatically scales back the year-over-year improvements automakers must make in fuel economy, leaving consumers spending more on cars and gas while spewing more pollution into the air.

Environmental and watchdog groups say the rule falls short of laws requiring the government to set ambitious fuel efficiency standards.

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They acknowledge the new rules will reduce the price of a new car for consumers and reduce costs for automakers. But they’ve also acknowledged in their analysis that consumers would take a $13 billion hit in the next decade, in part due to spending more on gas because of lower fuel economy standards. They also estimate that increased pollution under the accompanying emissions regulations would cost taxpayers $22 billion over the next decade. 

“The [Obama-era] rule showed you can cut pollution significantly and save drivers billions of dollars, and in order to justify this rollback they’ve had to cut a lot of corners and skew their analysis,” said Ben Longstreth, an attorney with the Natural Resources Defence Council, arguing the rule violates the mandate of the Clean Air Act. “The result is a sloppy and extremely vulnerable rule.” 

The changes: Under the Obama rule, automakers would have had to produce fleets averaging nearly 55 mpg by 2025. The Trump rule gives them an extra year to produce a fleet that averages 40 mpg.

This is less ambitious than what the auto sector says it can deliver. 

While the Trump rule requires 1.5 percent year-over-year improvements in mileage — a figure they say is more attainable than the 5 percent required under the Obama rule — automakers said they could hit 2.4 percent without regulation. 

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Several automakers have also signed a deal with California to produce fleets that average 50 mpg by 2026.

Environmental groups have already pledged to sue over the rule, and automakers’ ability to meet more aggressive standards will likely be central to the case.

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The Energy Policy and Conservation Act requires the National Highway Traffic Safety Administration (NHTSA), which writes the rule alongside the Environmental Protection Agency (EPA), to set the maximum standard that’s feasible for automakers while being economically practicable to consumers.

“You’ve got four automakers who have already publicly stated they can do significantly more and data shows industry can improve the efficiency of vehicles at 2 percent per year, so the reality of the marketplace and what automakers have already said show this isn’t the maximum feasible,” said David Freidman with Consumer Reports, which has opposed the rule due to the costs for drivers.  

The administration’s side: The NHTSA told The Hill the administration considered economic practicability, technological feasibility, the need for the nation to conserve energy as well as environmental laws before concluding its new policy “represented the best balance of the factors and therefore was [the] maximum feasible.” 

The Trump administration argues their weaker regulations will be better for consumers. Cheaper vehicles will prompt them to upgrade to newer cars that guzzle less gas than their current ride and come with better safety features. 

Questions: Even when relying on the government’s own analysis, however, it may be difficult to make a case for the rule.

The Administrative Procedure Act requires sound reasoning to show that regulations have logical rather than just political backing — otherwise they risk being thrown out as arbitrary and capricious. 

The government’s own analysis backing the rule shows it will cost consumers more than they will save. The regulations reduce the average price of a vehicle by $1,000 while raising the amount spent on gas by $1,400 — leaving consumers $400 worse off by model year 2030.

Read more about the possible challenges here. 

 

HAPPY TUESDAY! Welcome to Overnight Energy, The Hill’s roundup of the latest energy and environment news. Please send tips and comments to Rebecca Beitsch at rbeitsch@thehill.com. Follow her on Twitter: @rebeccabeitsch. Reach Rachel Frazin at rfrazin@thehill.com or follow her on Twitter: @RachelFrazin.

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BFD FOR HFCs: A federal court on Tuesday struck down the Trump administration’s move to suspend an Obama-era rule that restricted the use of a powerful greenhouse gas, saying the Trump administration did not follow the proper procedure. 

After the court ruled in 2017 that part of a rule regarding the use of hydrofluorocarbons (HFCs) was too far-reaching, the Environmental Protection Agency (EPA) suspended the entire rule without giving the public time to weigh in.

A federal court in Washington, D.C., determined in a 2-1 decision that this was unlawful and reversed the EPA’s 2018 action. 

“EPA had several options by which it could have attempted to address the perceived difficulties associated with implementing our decision,” wrote Judge Sri Srinivasan. 

“But the one option EPA could not permissibly pursue was the one it chose: promulgating a legislative rule without abiding by notice-and-comment requirements and without invoking any exception to those obligations,” Srinivasan, an Obama appointee, added.

Trump appointee Neomi Rao dissented, writing that the agency had “simply interpreted the immediate and necessary consequences of our decision.”

What the rule did: The Obama rule in question would have phased down the use of HFCs in appliances. The chemicals are often used in refrigerators and air conditioners. 

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The court decided in 2017 that the federal government was permitted to prevent companies from switching to HFCs, but could not require those that had already switched to using HFCs to make an additional change. 

After this, the EPA suspended the rule entirely. 

React: An EPA spokesperson told The Hill in an email that the agency was “reviewing the decision.”

Meanwhile, Natural Resources Defense Council staff attorney Pete DeMarco hailed the decision as a “great victory for climate.” 

Read more about the court’s decision here.

 

OIL RECOIL: President Trump said Monday that the U.S. may consider cutting domestic oil production if it would help to solve international production disputes that have led to a steep decline in prices. 

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Reuters has reported that countries including Saudi Arabia and Russia, which have been engaged in a high-profile trade dispute, would probably agree to lessen their oil production if the U.S. joined them. 

Asked whether he would ask U.S. producers to do so, Trump told reporters, “Maybe we will, maybe we won’t, but we’ll have to make that decision.”

He said that he thought production cuts would happen due to market forces and that he had not yet been asked to cut U.S. production.

“I think it’s happening automatically, but nobody’s asked me that question yet,” he said.

Read more about the possibility here. 

 

And, it looks like oil production is, in fact, dropping…

U.S. oil production is expected to drop alongside falling demand this month, with American consumers projected to purchase 17 million fewer barrels of fuel each day compared with April 2019.

Oil companies are expected to lower output by 500,000 barrels a day as travel nearly grinds to a halt due to the coronavirus and as a trade war between Russia and Saudi Arabia sends prices plummeting.

The projections come from the latest forecast by the Energy Information Administration (EIA), which said the high supply of oil will keep prices low for the next several months.

That trend may persist into 2021, with producers reducing fuel production by 700,000 barrels per day, according to EIA.

Read more about the projections here.

 

But a bipartisan group of lawmakers still wants the government to purchase oil…

A group of lawmakers announced Tuesday that they are introducing legislation that aims to fund a government purchase of oil, boosting an industry that has been hit by reduced demand and international disputes. 

The legislation would give the Energy Department $3 billion with which to purchase oil to be stored in the Strategic Petroleum Reserve (SPR), a move that the Trump administration has also pushed for. 

It is being introduced in the Senate by Sen. John HoevenJohn Henry HoevenOvernight Energy: Trump rollback of Obama mileage standards faces court challenges | Court strikes down EPA suspension of Obama greenhouse gas rule | Trump floats cutting domestic oil production Lawmakers announce legislation to fund government purchases of oil GOP senators urge Saudi Arabia to leave OPEC MORE (R-N.D.) and in the House by Reps. Lizzie Fletcher (D-Texas) and Michael BurgessMichael Clifton BurgessOvernight Energy: Trump rollback of Obama mileage standards faces court challenges | Court strikes down EPA suspension of Obama greenhouse gas rule | Trump floats cutting domestic oil production Lawmakers announce legislation to fund government purchases of oil Overnight Health Care — Presented by Partnership for America’s Health Care Future — Juul pitched products to Native American tribes | Vaping execs deny deliberately targeting young people | Republicans seek hearing on Medicaid block grants MORE (R-Texas). 

“Purchasing U.S. oil for the SPR will not only benefit our energy producers, but also taxpayers and our national security. This legislation, along with our efforts to stop the global price war, are part of our work to support our domestic energy producers and provide stability to global energy markets,” Hoeven said in a statement. 

It comes after Congress declined to provide funding in the third coronavirus stimulus package for the purchase of 30 million barrels of oil.

Read more about the bill here. 

 

POLLUTION PROBLEMS: Coronavirus patients who live in cities with higher levels of air pollution may be at significantly higher risk of death from the disease, a new study finds.

The national study from five Harvard researchers with the university’s Department of Biostatistics analyzing more than 3,000 U.S. counties found that coronavirus patients with long-term exposure to fine particulate matter have significantly higher death rates than do those not subject to air pollution.

“A small increase in long-term exposure to [particulate matter] leads to a large increase in COVID-19 death rate, with the magnitude of increase 20 times that observed for [particulate matter] and all cause mortality. The study results underscore the importance of continuing to enforce existing air pollution regulations to protect human health both during and after the COVID-19 crisis,” the study’s conclusion reads.

Specifically, the researchers found that an increase in air pollution of one gram per cubic meter led to as much as a 15 percent spike in death rates among patients in those areas.

“The results of this paper suggest that long-term exposure to air pollution increases vulnerability to experiencing the most severe COVID-19 outcomes,” the paper continues.

Read more about the study here. 

 

DOUBLE DUTY: Environmental Protection Agency inspector general Sean O’Donnell will serve as the acting Defense Department inspector general in addition to his role at the EPA. 

“Yesterday, the president nominated Mr. Jason Abend for the position of DoD Inspector General,” Dwrena Allen, spokeswoman at the Department of Defense Office of the Inspector General, said in an email. “The same day, the president also designated Mr. Sean W. O’Donnell, who is the Environmental Protection Agency Inspector General (EPA IG), to serve as the Acting DoD IG in addition to his current duties at the EPA.”

The EPA IG’s office similarly told The Hill that O’Donnell “is filling both roles for now” and that “no changes are expected at the EPA OIG.”

Read more here.

 

OUTSIDE THE BELTWAY:

Oil Companies Are Collapsing, but Wind and Solar Energy Keep Growing, The New York Times reports

March 2020 among hottest on record: EU, Agence France-Presse (AFP) reports. 

Work starts in Montana on disputed Canada-US oil pipeline, The Associated Press reports

 

ICYMI: News from Tuesday…

Trump: ‘Maybe’ we’ll cut domestic oil production

Coronavirus patients in areas with high air pollution more likely to die: research

Trump rollback of Obama-era mileage standards faces challenges in courts 

Lawmakers announce legislation to fund government purchases of oil

Court strikes down EPA suspension of Obama-era greenhouse gas rule

US oil production projected to drop in April as demand falls

Houses of worship will be at increased risk for attacks once coronavirus-related restrictions on public gatherings are lifted, the Department of Homeland Security (DHS) has warned.

“When you begin efforts to reconstitute services and welcome congregants back into your houses of worship, please also review your security plans and ensure procedures are in place to protect your facilities and visitors,” Brian Harrell, assistant director for infrastructure security at DHS, wrote in a letter addressed to the faith-based community and first obtained by Politico.

Harrell wrote that the letter was not based on any specific imminent threats but said online hate speech intended to either incite violence or exploit the pandemic to spread such rhetoric was on the rise during the outbreak. He added that “stressors caused by the pandemic may contribute to an individual’s decision to commit an attack or influence their target of choice.”

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In March, the department also sent a memo to law enforcement officials cautioning them that violent extremists would intensify efforts to exploit the pandemic, while the FBI warned of white supremacists who have encouraged followers to attempt to transmit the virus to Jewish people in “any place they may be congregated, to include markets, political offices, businesses and places of worship.”

“The Cybersecurity and Infrastructure Security Agency (CISA) within the U.S. Department of Homeland Security (DHS) is committed to supporting your efforts to maintain safe and secure houses of worship and related facilities while sustaining an open and welcoming environment,” Harrell wrote.

“In partnership with entities such as the DHS Center for Faith and Opportunity Initiatives and the Faith-Based Information Sharing and Analysis Organization, we provide resources that assist in securing physical and cyber infrastructure,” he added.

The pandemic has forced the shutdown of houses of worship and public religious gatherings worldwide, from the Vatican, where Pope FrancisPope FrancisKansas legislature strikes down governor’s directive limiting size of religious gatherings DHS warns of increased threat of attacks on houses of worship when services resume Pope says coronavirus outbreak may be one of ‘nature’s responses’ to climate change MORE held Palm Sunday mass in an empty St. Peter’s Square, to Saudi Arabia, where the government has banned pilgrimages to Mecca.

A U.S. air base in Afghanistan was struck by several rockets early Thursday in an apparent ISIS attack, defense officials confirmed.

The NATO-led mission announced on Twitter that five rockets struck Bagram Airfield, though no casualties or injuries were reported.

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The extent of any physical damage to the base was unclear.

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“Five rockets were fired at Bagram airfield early this morning. There were no casualties or injuries,” Operation Resolute Support tweeted.

“Our #ANDSF partners are investigating the incident,” it added.

The attack comes as the Trump administration has struck a deal with the Taliban for a reduction of fighting in the country and a partial withdrawal of U.S. forces. The agreement, however, did not involve the ISIS forces that have been active in the country for several years.

Taliban representatives reportedly denied involvement in the attack, according to Reuters.

ISIS forces arrived in Afghanistan, the site of America’s longest-running war, following the fall of the self-proclaimed caliphate in Iraq and Syria.

Japanese Prime Minister Shinzo Abe declared a state of emergency for Tokyo and six other prefectures on Tuesday, as the nation tries to curb a recent spike in COVID-19 cases.

The state of emergency, which will last until May 6, is not a hardline order, so violators won’t face legal action, The Associated Press reports.

Abe’s declaration includes a stay-at-home recommendation and allows Tokyo’s governor and the other prefectural leaders to do more to enforce social distancing, according to the news service.

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“The most important thing is for each one of us to change our activity,” Abe reportedly told a government task force. He said that person-to-person contact should be cut by 70 to 80 percent for the next month.

At just under 4,000 confirmed cases nationally, Japan has a moderate number of infections compared to the current epicenters of the virus, but saw a surge of more than 100 new cases over the weekend.

Over 1,100 of the country’s cases are in Tokyo, the largest metropolitan area in the world with roughly 14 million people.

Abe was initially skeptical about the need for an emergency order over concerns about its impact on the economy. He said on Monday that the government would move forward with a stimulus package worth 108 trillion yen, or $990 billion, to help affected businesses and workers. 

Individuals and small businesses will receive cash payouts as part of the package. 

President TrumpDonald John TrumpCDC updates website to remove dosage guidance on drug touted by Trump Trump says he’d like economy to reopen ‘with a big bang’ but acknowledges it may be limited Graham backs Trump, vows no money for WHO in next funding bill MORE is tightening his grip on federal watchdogs, even as the country reels from the coronavirus pandemic.

Trump has gone on the offensive over the past few days, suddenly removing or publicly berating three inspectors general. Trump’s actions and words have led to criticism from Democrats and others that he is purging officials whose chief responsibility is to protect the integrity of government institutions.

Acting Pentagon Inspector General Glenn Fine, who just a week ago was charged with overseeing the $2 trillion coronavirus relief package, was abruptly removed and replaced this week.

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House Armed Services Committee Chairman Adam SmithDavid (Adam) Adam SmithOvernight Defense: Navy chief resigns over aircraft carrier controversy | Trump replaces Pentagon IG | Hospital ship crew member tests positive for coronavirus President tightens grip on federal watchdogs Navy chief resigns amid uproar over handling of aircraft carrier coronavirus crisis MORE (D-Wash.) said Fine’s removal is the latest example of Trump replacing people who are not “sycophants.”

“What this leads to is basically another epidemic, and that epidemic is incompetence,” Smith told reporters on a conference call Tuesday. “What he cares about is people kissing his ass, whether or not the job gets done.”

Trump moved to replace Fine with another federal official — Sean O’Donnell, the Environmental Protection Agency’s inspector general, according to Dwrena Allen, spokeswoman at the Department of Defense Office of the Inspector General.

Fine had been selected by peers on the Council of the Inspectors General on Integrity and Efficiency to chair the Pandemic Response Accountability Committee.

Separately, Trump this week publicly berated Christi Grimm, the principal deputy inspector general who leads the inspector general’s office at the Department of Health and Human Services.

In a press conference Monday and on social media Tuesday, Trump attacked Grimm over a report released by her office that found “severe” shortages of coronavirus tests for hospitals to use and “widespread” shortfalls of protective equipment designed to protect health workers.

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Trump pointed to how Grimm — who joined the inspector general’s office in 1999 — had worked under former President Obama.

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“Why didn’t the I.G., who spent 8 years with the Obama Administration (Did she Report on the failed H1N1 Swine Flu debacle where 17,000 people died?), want to talk to the Admirals, Generals, V.P. & others in charge, before doing her report,” the president tweeted.

The toll he attributed to the swine flu is more than 4,000 deaths higher than estimates from the Centers for Disease Control and Prevention.

He also dubbed the report as “another Fake Dossier,” referring to the compilation of memos by former MI6 spy Christopher Steele that made a series of allegations about Trump’s contacts with Russia during the 2016 presidential election. A federal investigation did not find that Trump or members of his campaign coordinated or conspired with Moscow.

Trump’s attacks on Grimm come as he is facing criticism over the handling of the outbreak, particularly over whether the administration moved quickly enough to prepare for the virus as it spread through China and then across the globe.

As of Tuesday, more than 12,000 people in the U.S. have died from the virus and at least 395,000 have contracted the disease, according to a New York Times database.

Trump has also ousted a top intelligence watchdog he’s partially blamed for his impeachment.

Late Friday night, Trump fired intelligence community watchdog Michael Atkinson, in what was seen as an effort to punish the inspector general for acting on a whistleblower complaint last year that first raised allegations of Trump’s improper contacts with Ukraine. The complaint and subsequent efforts by Trump administration officials to block the allegations from being disclosed to Congress ultimately sparked the House impeachment inquiry.

On Saturday, a day after firing Atkinson, Trump railed at a press conference, calling him a “disgrace” and arguing that he “did a terrible job.”

“He took a whistleblower report, which turned out to be a fake report — it was fake. It was totally wrong,” Trump said about the readout of his controversial call with Ukrainian President Volodymyr Zelensky. “He took a fake report and he brought it to Congress, with an emergency.”

While Trump has repeatedly dismissed the allegations in the complaint and characterized his call with Zelensky as “perfect,” much of the details in the whistleblower complaint were supported by witness testimony and other evidence gathered by House investigators.

The president also indicated over the weekend that he felt there was a lack of loyalty from Atkinson, describing him as “not a big Trump fan.”

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Oversight experts and lawmakers both note that it’s not the role of watchdogs to be loyal to the president. They are tasked with rooting out corruption, fraud and abuse.

Atkinson, in a lengthy statement issued to lawmakers and reporters Sunday, expressed disappointment about his firing while encouraging other government workers to speak out over wrongdoing.

“The American people deserve an honest and effective government,” he said, addressing government employees and contractors. “They are counting on you to use authorized channels to bravely speak up — there is no disgrace in doing so.”

Atkinson, who served at the Justice Department for more than a decade before his inspector general role, had been nominated by Trump to serve as his intelligence community inspector general.

Members of both parties voiced disapproval at Atkinson’s removal over the weekend.

“I believe Inspector General Atkinson served the intelligence community and the American people well, and his removal was not warranted,” Sen. Susan CollinsSusan Margaret CollinsPresident tightens grip on federal watchdogs The Hill’s 12:30 Report: Trump gets new press secretary in latest shake-up Trump takes heat for firing intel watchdog during pandemic MORE (R-Maine), a member of the Senate Intelligence Committee, said in a statement over the weekend, while adding that the president acted within his authority.

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Republicans, however, have largely remained mum about the developments with Fine, the official Trump removed from overseeing the coronavirus relief package.

Sen. Chuck GrassleyCharles (Chuck) Ernest GrassleyPresident tightens grip on federal watchdogs Officials sound alarm over virus relief check scams Trump takes heat for firing intel watchdog during pandemic MORE (R-Iowa) in a statement avoided criticism of either Trump or Fine. He called on the White House to empower inspectors general, and thanked Fine for his service, adding that the role of the Pentagon watchdog is a difficult one that requires aggressive oversight. 

Democrats said Trump’s actions show he is determined to remove professionals who would hold him accountable.

“The sudden removal and replacement of Acting Inspector General Fine is part of a disturbing pattern of retaliation by the President against independent overseers fulfilling their statutory and patriotic duties to conduct oversight on behalf of the American people,” said Speaker Nancy PelosiNancy PelosiLawmakers outline proposals for virtual voting Mattis defends Pentagon IG removed by Trump Overnight Health Care: Trump calls report on hospital shortages ‘another fake dossier’ | Trump weighs freezing funding to WHO | NY sees another 731 deaths | States battle for supplies | McConnell, Schumer headed for clash MORE (D-Calif.) in a statement Tuesday.

Some have also criticized Trump for issuing a signing statement on the relief package indicating he would not bow to Democratic efforts to conduct oversight. The statement said his administration had the power to oversee reports to Congress from the Special Inspector General for Pandemic Recovery.

Separately, Trump is pushing forward an ally, Brian Miller, the senior associate counsel in the Office of White House Counsel, to be the new coronavirus inspector general. While some oversight experts praised Miller, Democrats voiced skepticism over Trump nominating a member of his staff for such a role.

“To nominate a member of the president’s own staff is exactly the wrong type of person to choose for this position,” said Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerHealth care workers account for 20 percent of Iowa coronavirus cases Pressure mounts on Congress for quick action with next coronavirus bill Schumer names coronavirus czar candidates in plea to White House MORE (D-N.Y.).

Rebecca Kheel contributed.

Welcome to Hillicon Valley, The Hill’s newsletter detailing all you need to know about the tech and cyber news from Capitol Hill to Silicon Valley. If you don’t already, be sure to sign up for our newsletter with this LINK.

Welcome! Follow our cyber reporter, Maggie Miller (@magmill95), and tech reporter, Chris Mills Rodrigo (@chrisismills), for more coverage.

 

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MORE TROUBLE FOR ZOOM: Thousands of recordings of private meetings and calls held over video conferencing service Zoom have been exposed online, The Washington Post reported Friday.

The meetings were recorded through Zoom’s software and saved to different applications without passwords, enabling anyone to download and watch them.

The Washington Post found videos of therapy sessions, elementary school classes, small business meetings and recordings involving nudity.

Zoom told the newspaper that it “provides a safe and secure way for hosts to store recordings” and provides guides for how users can enhance their call security.

“Should hosts later choose to upload their meeting recordings anywhere else, we urge them to use extreme caution and be transparent with meeting participants, giving careful consideration to whether the meeting contains sensitive information and to participants’ reasonable expectations,” Zoom told the Post.

People and businesses worldwide have flocked to Zoom during the coronavirus pandemic to hold events ranging from university classes to happy hours. CEO Eric Yuan announced Thursday that the company had 200 million daily users in March, up from a maximum of 10 million daily users in December.

The company’s stock price has already increased. But Zoom has faced a wave of security and privacy concerns as vulnerabilities were spotlighted by the spike in users.

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Read more here.

 

GPS DATA: Google on Friday announced that it has started releasing global location data in an effort to help public health officials track how people are moving during lockdowns and orders to stay at home around the world.  

The tech giant confirmed that it is publishing anonymized data for 131 countries and regions around the world to show how people have moved during the course of the pandemic that has now infected over 1 million people.

“These Community Mobility Reports aim to provide insights into what has changed in response to policies aimed at combating COVID-19. The reports chart movement trends over time by geography, across different categories of places such as retail and recreation, groceries and pharmacies, parks, transit stations, workplaces, and residential,” Google said on their site launched to share the reports.

Google’s report on the U.S. shows a 47 percent decline in the number of tracked residents going to retail and recreation spots, like restaurants, cafes, shopping centers and more, between Feb. 16 and March 29. It also shows a 22 percent decrease in people going to pharmacies and grocery stores, as well as a 19 percent decrease in those traveling to parks, beaches, marinas and other outdoor spots.

The information is gathered using user data from Google Maps and other Google services. However, no personal data for individuals, such as a person’s location, contacts or movement, is listed in the new data.

Users can also turn off their location history “at any time from their Google account,” and they can also delete their personal data.

Read more here.

 

Google’s move is part of a bigger debate…

BIG BROTHER?: The U.S. and Europe are moving toward unprecedented cellphone surveillance strategies to track residents infected with the coronavirus as a way to slow the spread of the disease, The Wall Street Journal reported Friday.

The practice, which has been put in use in China, Singapore, Israel and South Korea, has faced a tougher audience in European countries and the U.S. because of privacy concerns.

Still, more governments are looking into data surveillance as a way to keep coronavirus cases in check, as U.S. cases topped 257,000 on Friday, according to Johns Hopkins University data.

“I think that everything is gravitating towards proximity tracking,” said Chris Boos, a member of Pan-European Privacy-Preserving Proximity Tracing, a project that is working on developing a shared system that can receive uploads from phone apps in different countries. “If somebody gets sick, we know who could be infected, and instead of quarantining millions, we’re quarantining 10.”

The federal government is working to create a portal combining phone geolocation data to aid authorities in finding and predicting where future outbreaks of the virus will occur and what resources would be needed.

The anonymous data from the mobile-advertising industry would show officials at places like the Centers for Disease Control and Prevention which locations, like retail stores or parks, people are still gathering at during the pandemic. Google said on Thursday it would share portions of its data with the federal government for that purpose.

Read more here.

 

GIG WORKER PROTECTIONS: Sen. Mark WarnerMark Robert WarnerTrump fires intelligence community inspector general who flagged Ukraine whistleblower complaint Hillicon Valley: Thousands of Zoom recordings exposed online | Google shares location data to counter virus | Dem senator pushes jobless benefits for gig workers | Twitter takes down 20,000 fake accounts Democrat presses Trump administration on jobless benefits for gig workers MORE (D-Va.) is urging the Department of Labor to issue guidance for states scrambling to give gig workers and people who are self-employed access to unemployment benefits.

“The CARES Act directs states to stand up a new program, the Pandemic Unemployment Assistance (PUA) Program, to disburse benefits to workers who would normally not be eligible for unemployment assistance, such as gig workers or freelancers,” Warner wrote to Labor Secretary Eugene ScaliaEugene ScaliaHillicon Valley: Thousands of Zoom recordings exposed online | Google shares location data to counter virus | Dem senator pushes jobless benefits for gig workers | Twitter takes down 20,000 fake accounts Democrat presses Trump administration on jobless benefits for gig workers Trump administration issues guidance scaling back paid leave requirement for small business employees MORE in a letter Friday.

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“Unfortunately, we are already hearing reports from unemployment officials from around the country that it will likely take weeks to stand up a new program and disburse benefits to these newly eligible workers. In the middle of the COVID-19 pandemic, with unemployment claims overwhelming state systems, there is no time to waste.”

The $2 trillion coronavirus relief package, the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed by President TrumpDonald John TrumpTrump fires intelligence community inspector general who flagged Ukraine whistleblower complaint Trump organization has laid off over 1000 employees due to pandemic: report Trump invokes Defense Production Act to prevent export of surgical masks, gloves MORE last week, gives those workers access to unemployment benefits. But states have struggled to make those benefits available quickly, given a historic surge in workers seeking unemployment benefits as the coronavirus pandemic batters the economy.

Read more here.

 

TWITTER TAKEDOWN: Twitter removed 20,000 fake accounts tied to the governments of several countries, including Saudi Arabia, Egypt and Serbia, for violating company policy.

Government-linked accounts of Honduras and Indonesia were also removed after Twitter determined the posts from all five governments were an “attempt to undermine the public conversation,” according to The Guardian.

Yoel Roth, head of Twitter’s site integrity, told The Guardian the removed accounts were demonstrative of the company’s efforts to “work to detect and investigate state-backed information operations.”

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The removals included 8,558 accounts linked to the Serbian Progressive party of the country’s president, Aleksandar Vučić. The accounts were found to be spreading positive news of Vučić’s government and attacking his political opponents.

The company also deleted 5,350 accounts linking back to the Saudi monarchy that were operating in Saudi Arabia, Egypt and the United Arab Emirates, according to The Guardian.

These accounts were found to be spreading messages praising Saudi leadership and seeking to diminish the reputation of Qatar and Turkish presences in Yemen.

Read more here. 

 

MASKS OFF THE MARKET: Amazon has stopped the sale of N95 masks to the public, deciding to only sell the essential personal protective equipment (PPE) to hospitals and government agencies amid the coronavirus outbreak.

Earlier in the week, the company rolled out a new section of its website dedicated to the sale of PPE such as surgical masks, facial shields, surgical gowns, surgical gloves and large-volume sanitizers, Vox first reported. In order to buy the supplies, hospitals and agencies are prompted to fill out a form, which reads: “We are not accepting requests from individuals or non-qualified organizations at this time.”

An Amazon spokesperson also told CNBC that the website was also restricting the purchase of coronavirus diagnostic kits to ensure that hospitals and agencies are able to obtain them.

The spokesman said that a number of other products, such as lower-volume hand sanitizers and hand wipes remain available to the general public. 

Amazon is purchasing the PPE through third-party sellers and encourages these parties to do so on the new section of their website.

To further push this, the company waived its referral fee that third-party sellers usually have to pay through June 30, according to the network. Normally, sellers must pay a referral fee on each item sold, with the fee amount changing based on the type of product.

Read more here.

 

IRS WARNS OF SCAMS: The Internal Revenue Service (IRS) on Thursday warned Americans that scammers and hackers were likely to take advantage of the coronavirus crisis to target financial information.

The agency urged taxpayers to be on the lookout for malicious calls, texts, emails and social media posts that requested financial or other personal information, warning that these scams could lead to identity theft or tax fraud.

IRS Commissioner Chuck Rettig emphasized that taxpayers should “take extra care” with their financial information as the coronavirus crisis continues. 

“The IRS isn’t going to call you asking to verify or provide your financial information so you can get an economic impact payment or your refund faster,” Rettig said in a statement. “That also applies to surprise emails that appear to be coming from the IRS. Remember, don’t open them or click on attachments or links. Go to IRS.gov for the most up-to-date information.” 

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In particular, the IRS highlighted a new “wave” of dangerous phishing emails around the coronavirus stimulus checks that the agency is preparing to either directly deposit in bank accounts or mail out over the next several weeks. 

Read more here.

 

A LIGHTER CLICK: The Lonely Supper

 

AN OP-ED TO CHEW ON: It is time to secure our elections

 

NOTABLE LINKS FROM AROUND THE WEB:

Zoom Bombings Started Off as Pranks. Now Someone Could End Up Dead (Gizmodo / Shoshana Wodinsky)

Coronavirus Is a Labor Crisis, and a General Strike Might Be Next (Motherboard / Aaron Gordon, Lauren Kaori Gurley, Edward Ongweso Jr, and Jordan Pearson)

Senators want to know all about Apple’s COVID-19 app, too (Protocol, Emily Birnbaum) 

How a 79-year-old scientist became a beloved meme (Verge / Makena Kelly)

The Senate Armed Services Committee has put its plan to hold “paper hearings” during the coronavirus crisis on ice after one hearing.

“When the committee first laid out the concept of ‘paper hearings,’ we understood that, being in uncharted territory, we would remain flexible and re-assess the process as conditions changed,” panel spokeswoman Marta Hernandez said in a statement Thursday

“Recognizing the additional burden on the Department of Defense at this critical time, Chairman [James] Inhofe and Ranking Member [Jack] Reed have agreed to postpone future paper hearings until the committee has more clarity on the COVID-19 situation,” she added.

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Hernandez also alluded to the difficulty of holding confirmation hearings, something that has taken on new prominence after this week’s resignation of Thomas Modly as acting Navy secretary.

“As you would expect, the timing or format for upcoming nomination hearings are being discussed in the context of guidance from the [Centers for Disease Control and Prevention], Office of the Attending Physician, the Majority Leader and local government,” she said.

Last month, the panel said it would hold what it was calling paper hearings in an effort to keep the annual defense policy bill on track despite lawmakers staying out of Washington during the coronavirus pandemic.

Under the format laid out last month, opening statements from Inhofe (R-Okla.), Reed (D-R.I.) and the witnesses were to be posted online at the time the hearing was scheduled to start. Written questions from committee members and witnesses’ written answers were then to be posted a week later.

The committee held one such hearing for the Army secretary and chief of staff. The opening statements were posted on time, but a week later, when the questions and answers were supposed to be released, the committee said the Army asked for more time since it was dealing with the coronavirus crisis.

“DOD has rightfully focused on COVID-19 response, which means the department has struggled to respond in a timely manner to the paper hearing questions for the Department of the Army posture hearing,” Hernandez said Thursday.

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The committee still plans to post the Army’s answers online “as soon as they are received,” she said.

The committee had also planned to hold a paper hearing on the Energy Department’s nuclear budget Thursday. But late Wednesday it was postponed due, the panel said Thursday, to the decision to put the paper hearings in general on hold.

“The issues associated with production of nuclear warheads remains central to modernization of the nuclear triad, and as such, the committee expects to address these critical questions in the future,” Hernandez said.

Inhofe has previously laid out a schedule for the National Defense Authorization Act (NDAA) that would see the committee considering the bill in May and the full Senate voting on it in June.

The NDAA is considered a must-pass bill, dictating matters as routine as how many planes and ships the military can buy to as sweeping as creating last year a new military service in the Space Force.

Inhofe “remains committed” to finishing the committee’s work on the NDAA by the end of May, but he also “remains flexible because of the uncertainty associated with the coronavirus in the weeks ahead,” Hernandez said.

“Chairman Inhofe and Ranking Member Reed continue to work to reach this goal with transparency and accountability in mind,” she said. “At this point, no decisions have been made, but as this crisis evolves, the committee will announce changes to the anticipated markup schedule.”

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HAPPY WEDNESDAY! Welcome to Overnight Energy, The Hill’s roundup of the latest energy and environment news. Please send tips and comments to Rebecca Beitsch at rbeitsch@thehill.com. Follow her on Twitter: @rebeccabeitsch. Reach Rachel Frazin at rfrazin@thehill.com or follow her on Twitter: @RachelFrazin.

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NEWSLETTER NEWS: The Hill’s Editor-at-Large Steve Clemons has launched a daily newsletter with the latest on the coronavirus outbreak. Click here to sign up.

 

ALL ABOUT OIL:

Treated like royalty… President TrumpDonald John TrumpSenators demand more details from Trump on intel watchdog firing Overnight Health Care: Trump steps up attack on WHO | Fauci says deaths could be lower than first projected | House panel warns federal stockpile of medical supplies depleted | Mnuchin, Schumer in talks over relief deal Trump says he’ll look into small business loan program restricting casinos MORE opposes giving widespread royalty cuts to companies that drill for oil and gas on public lands and waters, Bloomberg reported Wednesday. 

Two people told the news outlet that he expressed opposition to such a policy during a Tuesday meeting. 

The report follows recent letters by mostly Republican lawmakers urging him to lessen royalties paid by companies using these lands and waters as the industry faces sinking demand and international production standoffs. 

The White House declined to comment on Bloomberg’s report. 

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Interior Department spokesperson Nicholas Goodwin told The Hill in an email that the department already “has established processes by which companies can apply for discretionary royalty relief.”

“Such requests may be granted in cases where an operator is prevented from operating or producing on a lease for reasons beyond or outside their control,” he said. 

Growing pressure: Last week, a group of more than 40 House Republicans wrote to President Trump asking him to provide royalty relief, among other measures, for the industry which has been hit by sinking demand and international production standoffs. 

Prior to that, a group of 13 Republicans and one Democrat sent a letter to Interior Secretary David Bernhardt asking him to reduce or waive royalties for oil and gas leases in the Gulf of Mexico.

A party split: Most Democrats are not on board with those calls. This week, a group of 16 House Democrats wrote to Bernhardt to remind him of “tight legal restrictions that exist on unilateral action” for reducing royalties.

We’ve got more on the story here. 

 

And speaking of royalties… A number of House Republicans are warning Saudi Arabia to ease oil production as a trade war between the kingdom and Russia has flooded markets and depressed oil prices.

Lawmakers, led by House Republican Whip Steve ScaliseStephen (Steve) Joseph ScaliseOvernight Energy: Trump reportedly opposes royalty cuts for oil, gas companies | House GOP presses Saudis to ease oil production | Exxon Mobil cuts budget amid industry slump House Republicans threaten pushback on Saudi Arabia amid oil market slump House GOP leaders back effort to boost small-business loans MORE (R-La.), said they were concerned “with the Kingdom’s actions to artificially distort global crude oil markets as countries around the world struggle to address a growing economic and health crisis fueled by the COVID-19 novel coronavirus pandemic.”

The letter to Crown Prince Mohammed bin Salman comes as the Organization of the Petroleum Exporting Countries (OPEC) prepares to meet Thursday to discuss production levels.

Oil prices in March hit the lowest level in 18 years, with prices now hovering in the mid $20 range after remaining around $55 in February. 

While coronavirus has limited people’s ability to travel, the global market has been overwhelmed with supply – harming U.S oil producers who must rely on the more expensive fracking process to produce oil.

“As a result of the Kingdom’s March decision to artificially depress global crude prices, thousands of American workers employed directly by our country’s oil and gas producers, as well as thousands more employed in related industries, face increased financial and economic uncertainty. While other global actors use oil and gas markets as political leverage, the Kingdom must be a model of leadership,” lawmakers said. 

President Trump has floated that both Russia and Saudi Arabia may be willing to reduce production by 15 million barrels.

But those comments have been followed by threats to possibly impose tariffs on foreign fuel sources – a concerning idea to many in the oil industry – or imposing production cuts on U.S. producers.

House Republicans alluded to the potential for consequences amid slumped oil prices.

“Failure to address this energy crisis will jeopardize the joint efforts between our nations to collaborate economically and militarily,” they wrote. “If the Kingdom fails to act fairly to reverse this manufactured energy crisis, we would encourage any reciprocal responses that the U.S. government deems appropriate.”

The Saudi Arabian embassy in Washington did not immediately respond to request for comment. 

Read the full story here. 

 

Cutting back… Exxon Mobil is slashing its budget in response to falling oil prices and is one of the latest companies to limit production as demand falls due to the coronavirus outbreak.

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The oil giant announced Tuesday that it would cut its capital budget by 30 percent, some $10 billion, while cutting its operating expenses by 15 percent.

Oil companies rely on such budgets to drill new wells, an expensive activity key to keeping oil supply steady as existing wells dry up.

The news comes as the U.S. Energy Information Administration (EIA) forecast oil production would drop in April, potentially continuing through the rest of the year.

Exxon said the move “put us in the strongest position when market conditions improve.”

Read more on that here. 

 

WELL THIS IS UPSETTING: Warmer weather is unlikely to significantly impede the spread of the novel coronavirus, a National Academies of Sciences (NAS) panel told the White House on Tuesday.

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About a dozen members of the Academies’ Standing Committee on Emerging Infectious Diseases and 21st Century Health Threats published the report, addressed to Kelvin Droegemeier, head of the White House’s Office of Science and Technology Policy.

Their report found that while studies of how temperature and humidity affect the virus’s transmissibility are not yet clear, previous research suggesting a connection were flawed.

“There is some evidence to suggest that [the coronavirus] may transmit less efficiently in environments with higher ambient temperature and humidity; however, given the lack of host immunity globally, this reduction in transmission efficiency may not lead to a significant reduction in disease spread” without efforts such as social distancing, the report states.

No such seasonal aspect has been observed in other coronaviruses such as SARS and MERS, the report noted.

The report found various issues with data quality in existing research including the “estimates of reproductive rate, assumptions about infectivity period, and short observational time windows.” It also found they failed to account for factors like geography, per capita income, access to testing and the quality of local health care systems.

Both President Trump and Anthony FauciAnthony FauciOvernight Health Care: Trump steps up attack on WHO | Fauci says deaths could be lower than first projected | House panel warns federal stockpile of medical supplies depleted | Mnuchin, Schumer in talks over relief deal Fauci: I don’t think we should shake hands ‘ever again’ 16 things to know for today about coronavirus MORE, director of the National Institute of Allergy and Infectious Diseases, have suggested warmer temperatures may slow the spread of the virus, although Fauci has noted that without effective mitigation, another outbreak could occur in the fall.

Read more on that here. 

 

ON TAP TOMORROW:

OPEC leaders will meet to discuss production amid falling oil prices.

 

OUTSIDE THE BELTWAY:

Air pollution could make coronavirus more severe for some Louisianans, Nola.com reports

Local leaders shut down popular recreation sites, campgrounds in Grand Staircase, San Rafael Swell, other hiking hot spots, The Salt Lake Tribune reports

Multiple cities suspend plastic bag bans due to coronavirus concerns, we report

 

ICYMI: News from Wednesday…

Pope says coronavirus outbreak may be one of ‘nature’s responses’ to climate change

Exxon Mobil cuts budget, production amid industry slump

Top science panel: Coronavirus unlikely to significantly subside with warmer weather

House Republicans threaten pushback on Saudi Arabia amid oil market slump

Multiple cities suspend plastic bag bans due to coronavirus concerns

Trump opposes widespread royalty cuts for oil and gas companies: report

 

FROM THE HILL’S OPINION PAGES:

America must take steps now to sustain its energy dominance, writes Bernard L. Weinstein, associate director of the Maguire Energy Institute.

More than 50 labor groups on Wednesday urged congressional leaders to reject Uber’s proposal for a new worker classification that would allow the ride-hailing company to continue treating its drivers as contractors instead of employees.

The groups said in their letter that Uber is “exploiting the moment to further strip protections from those on the front lines of the [coronavirus] crisis,” arguing that gig workers such as Uber drivers should be reclassified as full employees.

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The effort comes after CEO Dara Khosrowshahi sent his own letter to President TrumpDonald John TrumpSenators demand more details from Trump on intel watchdog firing Overnight Health Care: Trump steps up attack on WHO | Fauci says deaths could be lower than first projected | House panel warns federal stockpile of medical supplies depleted | Mnuchin, Schumer in talks over relief deal Trump says he’ll look into small business loan program restricting casinos MORE last month asking the White House to consider legislative action on a “third way” worker classification that could let Uber maintain the flexibility of having independent contractors while adding some basic worker protections.

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“Rather than stand up for his employees, Mr. Khosrowshahi is seizing an unprecedented public health crisis to push forward a radical annihilation of our labor laws,” said groups such as the AFL-CIO, National Employment Law Project (NELP) and Gig Workers Rising.

“He is expanding a business model that has undermined the quality of life for Uber drivers and other workers,” they added.

A spokesperson for Uber told The Hill that designating workers as contractors or full employees presents “a forced choice between flexibility and protection.”

“We believe our laws should protect all workers, not just one type of work—and rather than restricting independent work, we should strengthen the protections and benefits afforded to it,” the spokesperson said in a statement Wednesday. “That’s why we called on the Administration and Congress to pass historic new protections for independent workers, and why we continue to advocate for updated laws that permit companies like ours to provide new benefits.”

Brian Chen, a staff attorney at NELP, told The Hill that the flexibility argument doesn’t account for the amount of full-time drivers.

“There’s no flexibility in working a so-called gig job full time and making less than a minimum wage,” he said.

The coronavirus pandemic has amplified the already precarious working conditions of gig workers.

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Uber drivers, classified as contractors, are not guaranteed access to benefits such as a minimum wage and labor protections, including the right to organize.

Wednesday’s letter credited Congress and the Trump administration for taking some steps to protect gig workers during the pandemic.

The $2.2 trillion coronavirus relief package signed into law last month by Trump gives gig workers access to unemployment benefits.

However, states have struggled to make those benefits available quickly, due in large part to a historic surge in applications for unemployment benefits as the coronavirus pandemic batters the economy.

The labor groups said that even absent an economic crisis, gig workers need more protections.

“They should have the financial stability of a livable wage. They should have the flexibility to stay home when sick without risking financial ruin,” they wrote. “If they lose work through no fault of their own, they should be able to receive unemployment assistance for which their employer has paid its fair share.”

Updated at 6 p.m.