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The Environmental Protection Agency (EPA) is facing a third lawsuit over its policy to suspend penalties for companies that stop monitoring their pollution outputs during the coronavirus pandemic.
The temporary policy, for which the EPA has set no end date, would allow any number of industries to skirt laws that require companies to track their emissions, with the agency saying it will not “seek penalties for noncompliance with routine monitoring and reporting obligations.”
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States and other environmental groups have already sued over the March 26 memo, arguing that the EPA is abdicating its duty to enforce environmental laws, leaving unknown amounts of pollution flowing into the air and water.
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The notice of intent to sue sent Wednesday by the Center for Biological Diversity offers a different legal angle, arguing the memo violates the Endangered Species Act by risking harm to both imperiled animals and their habitat.
“Allowing the policy to apply indefinitely—with no sunset provision or discussion of the circumstances under which the policy would be revoked—provides an opportunity for regulated entities (and the Trump administration) to exploit the current epidemic to allow unfettered pollution and hence harm to protected species in the absence of the safeguards,” the organization wrote in its notice to the EPA.
The suit is set to be filed in 60 days.
The EPA did not immediately respond to request for comment on the lawsuit but has argued its policy is necessary as the agency was being overwhelmed by requests from companies to suspend monitoring pollution amid the coronavirus outbreak.
Companies are expected to “comply with regulatory requirements, where reasonably practicable, and to return to compliance as quickly as possible,” the agency wrote in a release announcing the change. Companies must document when they suspended monitoring and explain why COVID-19 was the cause.
But environmentalists fear the damage will have already been done.
The states suing over the memo asked the court for a preliminary injunction on Monday, arguing the memo is “greenlighting industry to pollute more and care less.”
Maryland Gov. Larry Hogan (R) on Wednesday lifted a host of COVID-19 restrictions in the biggest wave of reopenings to date in the state.
Hogan said casinos, day cares, gyms, amusement parks, malls and indoor dining will all be able to resume with restrictions over the next 10 days.
Hogan also urged local schools to schedule outdoor graduation ceremonies with capacity and distancing restrictions in place.
Beginning at 5 p.m. Friday, restrictions will be lifted on indoor dining and outdoor amusement activities, including miniature golf. Indoor dining will initially be limited to 50 percent capacity, and table distancing will be enforced.
Gyms and other indoor fitness studios will be allowed to reopen next Friday, June 19, after undergoing a deep cleaning, Hogan said. Casinos, malls and arcades will also open that day.
Hogan reiterated that being outside is safer than being inside. High school sports teams can hold outdoor practices, and outdoor pools will be able to increase their capacity from 25 to 50 percent.
Hogan said the reopening is possible in part because of a massive increase in the state’s testing capacity. Currently, about 6.4 percent of the population has been tested, including every nursing home resident and staff member.
Aside from testing, Maryland also saw a substantial decrease in the number of patients hospitalized. Hospitalizations dropped to 960, the lowest level in 61 days, and ICU beds are at an eight-week low, Hogan said.
“Because of the early and aggressive actions taken, we have not only flattened the curve, we have actually crushed the curve in Maryland. Every one of the important metrics in our state has continued to drop across the board in every single jurisdiction,” Hogan said.
Public health officials have warned that the virus is not going away and that the country is still in the height of the pandemic. Still, every state has loosened restrictions, including some that have been hit hardest.
The Washington, D.C., region was considered a hot spot only a couple weeks ago, but much of the area is preparing to open up even more in the coming days.
Northern Virginia is set to enter its second phase this Friday, while the Maryland suburb of Montgomery County will likely enter phase two early next week.
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Dozens of former Facebook employees sent a letter to Mark ZuckerbergMark Elliot ZuckerbergHillicon Valley: Conspiracy theories run rampant online amid Floyd protests | First lawsuit filed against Trump social media order | Snapchat to no longer promote Trump’s account Dozens of ex-Facebook employees criticize Zuckerberg over stance on Trump posts First lawsuit filed against Trump’s social media order MORE on Wednesday criticizing him over a decision to leave controversial posts by President TrumpDonald John TrumpFormer employees critique EPA under Trump in new report Fired State Department watchdog says Pompeo aide attempted to ‘bully’ him over investigations Virginia senator calls for Barr to resign over order to clear protests MORE untouched.
The 34 employees said in the letter published in The New York Times that leaving the posts in which Trump said “when the looting starts, the shooting starts” is a “betrayal” of the social media platform’s ideals.
The post was in reference to protests in Minnesota sparked by the death of George Floyd in Minneapolis police custody.
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“[Facebook] claims that providing warnings about a politician’s speech is inappropriate, but removing content from citizens is acceptable, even if both are saying the same thing,” they wrote.
“That is not a noble stand for freedom. It is incoherent, and worse, it is cowardly. Facebook should be holding politicians to a higher standard than their constituents,” they added.
Zuckerberg and Facebook’s leadership have been under intense criticism since making the decision to leave the post up, including from inside the company.
Several current employees have spoken up about the posts, and on Monday, several held a digital protest.
Zuckerberg has defended the decision, saying that Facebook is not an “arbiter of truth.” Current and former employees disagree.
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“Facebook isn’t neutral, and it never has been,” the former engineers wrote Wednesday. “Making the world more open and connected, strengthening communities, giving everyone a voice — these are not neutral ideas.”
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While Facebook has left posts by Trump untouched, other platforms have taken action.
Twitter placed an interstitial warning about glorifying violence on the post about shooting looters, while Snap Inc. has stopped promoting the president’s content on its picture chatting application.
Facebook has come under criticism before for not fact-checking political figures on the platform, especially in advertisements.
“Today, Facebook’s leadership interprets freedom of expression to mean that they should do nothing — or very nearly nothing — to interfere in political discourse,” the former employees wrote.
“They have decided that elected officials should be held to a lower standard than those they govern. One set of rules for you, and another for any politician, from your local mayor to the President of the United States,” they added.
Spokespeople for Facebook declined to comment on the letter.
American Airlines plans to boost its U.S. flights in July after drastic cuts over the coronavirus pandemic, the carrier said Thursday.
The airline is set to fly more than 55 percent of its July 2019 schedule next month, though only about one-fifth of its international schedule from the same period, American announced.
The numbers are a significant increase from May, when the carrier flew only 20 percent of its domestic flights, and this month, when it is set to fly about 25 percent, senior vice president of strategy Vasu Raja told Reuters.
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On peak days in July, the airline plans to fly just over 4,000 flights, up from under 2,000 on peak days in May, Raja told the news service, although both are a steep drop from some 6,800 daily flights before the pandemic began. The company plans to fly a total of 40 percent of July 2019 capacity next month.
The carrier will join other airlines in adding new deep-cleaning procedures and requiring masks on board, both to prevent the spread of the virus and to restore a measure of consumer confidence.
American also plans to increase its flights from airports in New York, Los Angeles and Washington, D.C., and add flights from Charlotte and the Dallas-Fort Worth area, Reuters reported, as well as boosting flights to the Gulf Coast, Florida cities and mountain destinations to take advantage of the gradual reopening of outdoor recreation and tourism spots in the summer months.
It also plans to resume services to a number of European and Latin American destinations in August but resuming flights to Rio de Janeiro from Miami earlier, on July 7.
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The World Health Organization (WHO) will resume a clinical trial to study the effects of the anti-malaria drug touted by President TrumpDonald John TrumpFormer employees critique EPA under Trump in new report Fired State Department watchdog says Pompeo aide attempted to ‘bully’ him over investigations Virginia senator calls for Barr to resign over order to clear protests MORE as a treatment for COVID-19 after pausing it due to safety concerns, the organization said Wednesday.
Enrollment in the hydroxychloroquine arm of the Solidarity Trial was temporarily paused last week after an article in The Lancet medical journal warned about the safety of the drug.
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The authors of the journal article tied hydroxychloroquine to higher mortality rates in hospitalized patients with COVID-19, as well as an increased risk of a dangerously abnormal heart rate.
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As a result, the WHO decided to pause the clinical study and allow the trial’s data safety monitoring board to analyze the results and determine if there were any safety concerns.
However, experts have since raised concerns about the accuracy of the data used in The Lancet study, which was an observational analysis of a database, rather than a clinical trial. The data was supplied by a small company called Surgisphere.
The company has provided data for multiple studies on COVID-19 co-authored by its chief executive, including in the New England Journal of Medicine, but has so far failed to adequately explain its data or methodology.
On Tuesday, the editors of The Lancet and the New England Journal of Medicine issued separate “expressions of concern” regarding the studies and said independent reviews of the data have been launched by the co-authors of both studies.
On Wednesday, WHO Director-General Tedros Adhanom Ghebreyesus said the safety committee reviewed mortality data and decided “there are no reasons to modify the trial protocol.”
Tedros said the WHO will communicate with the principal investigators in the trial about resuming the hydroxychloroquine arm.
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So far, more than 3,500 patients have been recruited for the Solidarity Trial in 35 countries.
The trial is examining four separate options to help find an effective treatment for COVID-19.
There is no clinical evidence to support the use of hydroxychloroquine for either treating or preventing COVID-19, but the WHO trial could help answer that question.
In the U.S., a 2,000-person trial launched by the National Institute of Allergy and Infectious Diseases is also underway.
The Food and Drug Administration has warned that hydroxychloroquine should not be used outside of hospitalized patients or clinical trials for COVID-19, but the use of the drug has become a partisan flashpoint.
Trump said last month that he has taken it as a prophylactic against the coronavirus.
The Republican-led Senate Armed Services Committee has approved an amendment to the annual defense policy bill that would require the Pentagon to rename bases and other assets that are named after Confederate military leaders, a source confirmed to The Hill.
The amendment, offered by Sen. Elizabeth WarrenElizabeth WarrenOvernight Health Care: WHO seeks to clarify widely criticized statement on asymptomatic spread | New study shows 60 percent of Roosevelt carrier crew have coronavirus antibodies | Senators seek probe into Trump administration’s ‘Project Airbridge’ On The Money: Key Democrat accuses Labor chief of ‘misleading’ testimony | Warren urges bank regulator to scrap anti-redlining rule rewrite | Senators press IG to act to prevent nursing homes from seizing coronavirus checks The Hill’s Coronavirus Report: Singapore Minister for Foreign Affairs Vivian Balakrishnan says there will be consequences from fraying US-China relations; WHO walks back claims on asymptomatic spread of virus MORE (D-Mass.), was approved by voice vote Wednesday during the committee’s closed-door markup of the National Defense Authorization Act (NDAA), the source familiar with the situation said. The amendment would give the Pentagon three years to remove the Confederate names.
The news, which was first reported by Roll Call, comes after President TrumpDonald John TrumpFed chairman warns of ‘long road’ to recovery House panel again presses Pentagon leaders to testify on military’s role in protests A ‘sacred trust,’ from George Marshall to Jim Mattis MORE said he would “not even consider” renaming Army bases that are named after Confederate officers.
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During a briefing Wednesday, White House press secretary Kayleigh McEnany also said Trump would veto the NDAA if the massive policy bill mandated changing the names of the bases.
“These Monumental and very Powerful Bases have become part of a Great American Heritage, and a history of Winning, Victory, and Freedom,” Trump tweeted.
“Therefore, my Administration will not even consider the renaming of these Magnificent and Fabled Military Installations,” he added.
Just two days before Trump’s tweets, an Army spokesperson said Army Secretary Ryan McCarthyRyan McCarthyOvernight Defense: Trump rejects scrapping Confederate names from Army bases | House chairman ups push for Esper, Milley to testify | Ousted State IG tells lawmakers he doesn’t know status of Pompeo investigations Trump ‘will not even consider’ renaming Army bases named for Confederate leaders Mississippi lawmakers drafting resolution to take Confederate emblem off state flag: report MORE and Defense Secretary Mark EsperMark EsperHouse panel again presses Pentagon leaders to testify on military’s role in protests Overnight Defense: Trump rejects scrapping Confederate names from Army bases | House chairman ups push for Esper, Milley to testify | Ousted State IG tells lawmakers he doesn’t know status of Pompeo investigations Trump ‘will not even consider’ renaming Army bases named for Confederate leaders MORE were “open” to renaming the 10 bases that are named after Confederate military officers.
The bases, which are in Southern states, are Fort Lee, Fort Hood, Fort Benning, Fort Gordon, Fort Bragg, Fort Polk, Fort Pickett, Fort A.P. Hill, Fort Rucker and Camp Beauregard.
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The Army’s Monday position was a reversal from as recently as February when the service said it had no plans to change the name of any base, including those named after Confederate officers.
The about-face came amid nationwide protests over police brutality and racial injustice sparked by the death of George Floyd, an unarmed black man who died when a police officer who has since been fired and charged with second-degree murder knelt on his neck for more than eight minutes.
The inclusion of the amendment to force the Pentagon to change the base names, coupled with McEnany’s veto threat, potentially puts the White House on a collision course with Congress over what’s generally considered a must-pass bill. Republicans disinclined to confront the president still have opportunities to strip amendment if they want, such as when the bill hits the Senate floor as soon as next week.
The NDAA covers everything from routine matters such as troop pay and how many planes and ships the military can buy to, often, the hot-button defense issues of the moment.
“LET HIM VETO THE NATIONAL DEFENSE AUTHORIZATION ACT OVER THIS ISSUE LET’S GO!” Sen. Brian SchatzBrian Emanuel SchatzDefense bill turns into proxy battle over Floyd protests Trump calls New York Times ‘fake newspaper’ after headline change Calls for police reform sparks divisions in Congress MORE (D-Hawaii) tweeted Wednesday night in response to the news about the amendment on base names.
Sen. Tammy DuckworthLadda (Tammy) Tammy DuckworthBudowsky: Michelle Obama or Tammy Duckworth for VP Calls for police reform sparks divisions in Congress Trump stokes backlash with threat to use military against protesters MORE (D-Ill.) a member of the Armed Services Committee, called the administration’s veto threat “despicable.”
“It would be shameful enough for the current occupant of the Oval Office to refuse to even consider having the U.S. military stop honoring traitors who took up arms against America to defend their ability to own, sell and kill Black Americans,” Duckworth said in a statement. “But for the Trump White House to threaten vetoing a pay raise for our troops over this is downright despicable.”
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Public health officials, doctors and pharmacists who have struggled for decades to convince Americans to get the flu shot are warning it is now more important than ever to get vaccinated as the U.S. faces a potential second wave of COVID-19 in the fall.
Coinciding flu and COVID-19 outbreaks could overwhelm hospitals and drain resources, threatening lives and the response to the pandemic.
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Getting vaccinated could keep thousands of flu patients out of the hospitals and preserve resources that are urgently needed for COVID-19, experts say.
“We are going to try to encourage people, urge them, implore them even, to come out and roll up their sleeves and get vaccinated so we can mitigate the impact of this season of viral attack,” said William Schaffner, medical director for the National Foundation for Infectious Diseases.
Public health agencies and groups are gearing up for a massive flu vaccination campaign beginning later this summer that will hone in the importance of getting the shot as a way to help the country get through the coronavirus pandemic.
“We’re really hoping the American public will see that the flu vaccine is one major way they can help the nation get through this fall,” Centers for Disease Control and Prevention (CDC) Director Robert Redfield told Congress last week, adding that it will be a “difficult time” for the health care system.
Vaccinations are often considered by experts as the single best medical advance in modern history. But many Americans just don’t get them. Vaccine rates tend to be higher for children, but those rates fall into adulthood.
For the past 10 years, flu vaccination rates have hovered around 40 percent to 45 percent, but are lower for people of color. One public health campaign aimed for an 80 percent vaccination rate by 2020, but last season 45 percent of adults were vaccinated, according to the CDC, with rates highest among people 65 and older and lowest among 18- to 49-year-olds.
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One of the biggest obstacles to improving flu vaccine rates isn’t usually financial — it’s challenging people’s beliefs about it.
Polls show most people who don’t get the flu shot say they are concerned about side effects, which are typically mild, believe it doesn’t work very well, or think they can get the flu from the vaccine.
That is contradicted by evidence that shows it is not possible to get the flu from the vaccine. The effectiveness of the vaccine varies by year, but research shows the illness is less severe in people who do get their shot.
Experts hope the awareness of COVID-19 — a disease for which there is currently no vaccine — will remind people of the importance of getting vaccines to prevent illness.
“Trying to communicate the power of prevention is always a challenge,” said Howard Koh, former President Obama’s assistant secretary for health.
“With everything people are going through with COVID and the absence of a vaccine, and with the flu coming up this fall, I’m hoping people will view it in a different light and appreciate what prevention can do,” he added.
Every year, hundreds of thousands of people are hospitalized with the flu, including between 410,000 and 740,000 people last season, according to preliminary estimates from the CDC.
Children and the elderly are most at risk for serious illness. About 80 percent of children who die of the flu haven’t been vaccinated, according to the CDC.
This year may bring new challenges as some people stay home, avoid medical care and practice social distancing as the virus spreads.
Part of the strategy to improve vaccination rates will revolve around addressing those concerns.
“It seems to be challenging just to venture out for food and supplies, let alone venture out to hospital settings or clinical settings, where people aren’t feeling well,” said Gary LeRoy, president of the American Academy of Family Physicians.
“We keep preaching about the importance of using hand sanitizer, good and frequent hand washing, and we will continue with that throughout this public health emergency and beyond,” he added.
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Another challenge is the misinformation spread by the small but enduring “anti-vaxxer” movement.
“The increase in vaccine hesitancy and misinformation around vaccines adds to the perfect storm in the fall,” said Adriane Casalotti, chief of government and public affairs for the National Association of County and City Health Officials.
“Local health departments last year, pre-coronavirus, were dealing both with traditional messaging and trying to get the flu vaccine out to populations so people could be protected and having to combat misinformation on vaccines that have been amplified by social media.”
Some venues where people traditionally get vaccinated for flu — like health fairs and through work — may not be an option this year as people practice social distancing.
According to the CDC, 17 percent of adults get vaccinated at their workplaces. But millions of Americans have been working from home to slow the spread of COVID-19, and it’s not clear how many will be back in their offices in the fall.
Experts are hoping people go to pharmacies instead, which performed about one-third of all flu vaccinations last year. Kathleen Jaeger, senior vice president of pharmacy care and patient advocacy for the National Association of Chain Drug Stores, said pharmacies are preparing for a surge in demand.
Still, former CDC Director Tom Frieden said it is possible efforts people are taking to slow the spread of COVID-19 — wearing masks, frequently washing their hands, and keeping a distance from others — could also slow the spread of the flu.
“It’s possible that we could have a less severe flu season if we continue to do the things that will reduce the risk of COVID,” he said.
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Rising coronavirus cases and hospitalizations in Texas are underscoring fears about the danger of reopening.
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The state has been relatively aggressive about reopening, lifting its stay-at-home order on May 1 and gradually increasing capacity at shops, bars and restaurants since then.
Now, though, the state is seeing a surge of cases of the coronavirus. The state reached a new high of coronavirus hospitalizations on Monday, with 1,935 people hospitalized with the illness, according to state data.
Texas is not alone. Arizona and North Carolina have also reached new highs of coronavirus hospitalizations in recent days. South Carolina, Arkansas and Florida are seeing spikes in cases as well.
The data illustrates how the virus is still gathering steam in some areas, even as the situation improves dramatically in old hot spots like New York and New Jersey.
There has also been an element of unpredictability, though, given that some states, like Georgia, which drew national scrutiny after moving quickly to reopen, have not yet seen spikes in cases.
In Texas, Gov. Greg Abbott (R) is forging ahead with reopening and expressing confidence. Last week, he announced the state was moving into phase three of the reopening plan, allowing almost all businesses to move up to operating at 50 percent capacity. Restaurants will be able to move up to 75 percent capacity.
Abbott said the increased cases are “largely the result of isolated hot spots in nursing homes, jails and meatpacking plants.”
However, Lina Hidalgo (D), the executive of Harris County, home to Houston, raised alarms.
“Over the past 7 days we’ve seen a statistically significant (95% confidence level) increase in COVID-19 hospital admissions,” she tweeted last week. “I remain very concerned about the impact of reopening too quickly.”
Marcia Ory, a professor at the Texas A&M School of Public Health, said “it is not surprising that the numbers of cases are going up as social distancing reduces.”
Hospitals are expressing concern. Texas Medical Center in Houston warned last week that the “upswing in the current COVID-19 caseload growth trajectory suggests base ICU [intensive care unit] capacity could be exceeded in 2 weeks.”
Carrie Williams, a spokeswoman for the Texas Hospital Association, said there “has been a concerning increase in the number of hospitalizations in Texas.”
“We’re incredibly focused on this number and can’t get to a spot where we have a sustained wave that taxes hospitals and our ability to take care of people,” she added. “We’re pushing for more widespread testing, stricter use of face masks in public and limits on large-scale gatherings.”
John Wittman, a spokesman for the governor, pointed to increased testing as part of the reason for rising cases, saying it has increased 210 percent since reopening on May 1.
“Every Texan who needs access to a hospital bed will have access to a hospital bed,” he said. “Current hospital capacity includes 15,402 available beds, 1,723 ICU beds and 5,911 ventilators, with the ability to surge capacity in regions across the state if necessary.”
To the west, Arizona has seen concerning increases in hospitalizations as well, setting off its own warnings from hospitals. Coronavirus hospitalizations in the state have risen over 1,200 for the first time in recent days, state data shows.
Banner Health, the state’s largest hospital system, warned last week that “if these trends continue, Banner will soon need to exercise its surge plan to increase ICU capacity.”
The hospital system released slides showing that the increase in cases in the state began about one incubation period after the stay-at-home order ended on May 15.
“It’s a concerning trend because it’s going in the wrong direction,” said Ann-Marie Alameddin, CEO of the Arizona Hospital and Healthcare Association, noting that a lack of testing supplies is still a persistent problem hindering the response.
“We need people to stay safe so the hospital capacity can be preserved,” she said. “There is capacity currently in the system, but yeah I think I would like to see the trend stop in terms of increasing and start to go down.”
Patrick Ptak, a spokesman for Arizona Gov. Doug Ducey (R) said the rise in cases is in part due to increased testing, and noted that the state is working to increase hospital capacity and has the option of putting patients at previously-closed St. Luke’s Medical Center, which has been prepared to serve as overflow space.
“We have anticipated increased cases in June based on various modeling, including the projections in the model provided by FEMA, and we’ve spent the last few months working to increase capacity to ensure every Arizonan has access to care, should they need it,” he said. “St. Luke’s is ready for activation if and when we need additional capacity, something that is not necessary at this time.”
Luis Ostrosky, a professor of infectious diseases at McGovern Medical School at UTHealth in Houston, said Texas’s reopening plan would have worked better if people had actually followed the limits on crowding and been diligent about wearing masks, but that people in the state have been too lax.
He said wearing masks and keeping 6 feet apart from others are two of the most important things to do, and could allow businesses to reopen safely if people followed them.
“I’m just baffled as to how masking became such a political and ideological issue,” he said.
The CEO of the company behind fashion brands Coach, Kate Spade and Stuart Weitzman this week dismissed stores being vandalized during protests following the death of George Floyd, saying the focus should be “on the cause.”
Jide Zeitlin, the leader of the Tapestry company, on Wednesday spoke to George Stephanopoulus on “Good Morning America” about those frightened by looting and vandalism that has destroyed businesses.
“I focus on the cause. What is it that was the underlying issue that caused people to step out into the street to protest, to take the steps that they took?” Zeitlin, an African American man, asked.
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He added that physical destruction or missing merchandise can be replaced.
“In fact, the losses that we suffer there are minimal relative to the, frankly, the broader losses that society is suffering from and from the loss of life that so many families are suffering from. And that’s what’s key,” Zeitlin said.
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Zeitlin’s remarks echo an emotional statement he released on Monday as stores across the nation faced vandalism amid the protests over the death of Floyd, racial inequality and police brutality.
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He said Tapestry stores in several cities were destroyed by protesters, including ones in Charleston, S.C., New York City, San Francisco, Scottsdale, Ariz., and Washington, D.C.
“My first thought was to our people. Thankfully all of our teams are safe,” Zeitlin wrote in the LinkedIn post.
“I then thought about those that had smashed our windows and taken handbags, and shoes, and dresses. What was going through their minds as they acted? Has our society truly left them with little to lose and few other ways to force the rest of us to come to the negotiating table? We can replace our windows and handbags, but we cannot bring back George Floyd, Ahmaud Arbery, Breonna Taylor, Eric Garner, Trayvon Martin, Emmett Till, and too many others. Each of these black lives matter.”