Day: May 25, 2023

The Supreme Court on Thursday sharply limited the federal government’s authority to police water pollution into certain wetlands, the second decision in as many years in which a conservative majority narrowed the reach of environmental regulations.

The outcome could threaten efforts to control flooding on the Mississippi River and protect the Chesapeake Bay, among many projects, wrote Justice Brett Kavanaugh, breaking with the other five conservatives.

The justices boosted property rights over concerns about clean water in a ruling in favor of an Idaho couple who sought to build a house near Priest Lake in the state’s panhandle. Chantell and Michael Sackett objected when federal officials identified a soggy portion of the property as a wetlands that required them to get a permit before filling it with rocks and soil.

By a 5-4 vote, the court said in an opinion by Justice Samuel Alito that wetlands can only be regulated under the Clean Water Act if they have a “continuous surface connection” to larger, regulated bodies of water. There is no such connection on the Sacketts’ property.

The court jettisoned the 17-year-old opinion by their former colleague, Anthony Kennedy, allowing regulation of what can be discharged into wetlands that could affect the health of the larger waterways.

Kennedy’s opinion covering wetlands that have a “significant nexus” to larger bodies of water had been the standard for evaluating whether permits were required for discharges under the 1972 landmark environmental law.

Opponents had objected that the standard was vague and unworkable.

Environmental advocates said the new standard would strip protections from millions of acres of wetlands across the country.

Reacting to the decision, Manish Bapna, the chief executive of the Natural Resources Defense Council, called on Congress to amend the Clean Water Act to restore wetlands protections and on states to strengthen their own laws.

“The Supreme Court ripped the heart out of the law we depend on to protect American waters and wetlands. The majority chose to protect polluters at the expense of healthy wetlands and waterways. This decision will cause incalculable harm. Communities across the country will pay the price,” Bapna said in a statement.

The outcome almost certainly will affect ongoing court battles over new wetlands regulations that the Biden administration put in place in December. Two federal judges have temporarily blocked those rules from being enforced in 26 states.

EPA Administrator Michael S. Regan said the Clean Water Act has been responsible for “transformational progress” in cleaning up the nation’s waterways.

“I am disappointed by today’s Supreme Court decision that erodes longstanding clean water protections,” he said in a statement.

Damien Schiff, who represented the Sacketts at the Supreme Court, said the decision appropriately narrowed the reach of the law.

“Courts now have a clear measuring stick for fairness and consistency by federal regulators. Today’s ruling is a profound win for property rights and the constitutional separation of powers,” Schiff said in a statement issued by the property rights-focused Pacific Legal Foundation.

In Thursday’s ruling, all nine justices agreed that the wetlands on the Sacketts’ property are not covered by the act.

But only five justices joined in the opinion that imposed a new test for evaluating when wetlands are covered by the Clean Water Act. Chief Justice John Roberts, Justice Clarence Thomas and Alito would have adopted the narrower standard in 2006, in the last big wetlands case at the Supreme Court. They were joined Thursday by Justices Neil Gorsuch and Amy Coney Barrett.

Kavanaugh and the court’s three liberal justices charged that their colleagues had rewritten that law.

Kavanaugh wrote that the court’s “new and overly narrow test may leave long-regulated and long-accepted-to-be regulable wetlands suddenly beyond the scope of the agencies’ regulatory authority.”

Justice Elena Kagan wrote that the majority’s rewriting of the act was “an effort to cabin the anti-pollution actions Congress thought appropriate.” Kagan referenced last year’s decision limiting the regulation of greenhouse gas emissions under the Clean Air Act.

In both cases, she noted, the court had appointed “itself as the national decision-maker on environmental policy.” Kagan was joined in what she wrote by her liberal colleagues Sonia Sotomayor and Ketanji Brown Jackson.

The Sacketts paid $23,000 for a 0.63-acre lot near Priest Lake in 2005 and started building a three-bedroom home two years later.

They had filled part of the property, described in an appellate ruling as a “soggy residential lot,” with rocks and soil in preparation for construction, when officials with the Environmental Protection Agency showed up and ordered a halt in the work.

They also won an earlier round in their legal fight at the Supreme Court.

The federal appeals court in San Francisco upheld the EPA’s determination in 2021, finding that part of the property, 300 feet from the lake and 30 feet from an unnamed waterway that flows into the lake, was wetlands.

The Sacketts’ own consultant had similarly advised them years ago that their property contained wetlands.
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Teachers from 115 schools in the Mozambican province of Manica are creating their own teaching material using cardboard, plastic gallon jugs, and bags made from raffia leaves, offered by the community. They say they’re saving money by replacing expensive conventional teaching material while helping the environment, in this story narrated by Barbara Santos.
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State-sponsored Chinese hackers have infiltrated critical U.S. infrastructure networks, the United States, its Western allies and Microsoft said Wednesday while warning that similar espionage attacks could be occurring globally.  

Microsoft highlighted Guam, a U.S. territory in the Pacific Ocean with a vital military outpost, as one of the targets, but said “malicious” activity had also been detected elsewhere in the United States.  

The stealthy attack — carried out by a China-sponsored actor dubbed “Volt Typhoon” since mid-2021 — enabled long-term espionage and was likely aimed at hampering the United States if there was conflict in the region, it said.  

“Microsoft assesses with moderate confidence that this Volt Typhoon campaign is pursuing development of capabilities that could disrupt critical communications infrastructure between the United States and Asia region during future crises,” the statement said.  

“In this campaign, the affected organizations span the communications, manufacturing, utility, transportation, construction, maritime, government, information technology, and education sectors.”  

Microsoft’s statement coincided with an advisory released by U.S., Australian, Canadian, New Zealand and British authorities warning that the hacking was likely occurring globally.  

“This activity affects networks across US critical infrastructure sectors, and the authoring agencies believe the actor could apply the same techniques against these and other sectors worldwide,” they said.   

‘Living off the land’    

The United States and its allies said the activities involved “living off the land” tactics, which take advantage of built-in network tools to blend in with normal Windows systems.  

It warned that the hacking could then incorporate legitimate system administration commands that appear “benign”.  

Microsoft said the Volt Typhoon attack tried to blend into normal network activity by routing traffic through compromised small office and home office network equipment, including routers, firewalls and VPN hardware.  

“They have also been observed using custom versions of open-source tools,” Microsoft said.   

Microsoft and the security agencies released guidelines for organizations to try to detect and counter the hacking.  

“It’s what I would term a low and slow cyber activity,” said Alastair MacGibbon, chief strategy officer at Australia’s CyberCX and a former head of the Australian Cyber Security Centre.  

“This is someone wearing a camouflage vest and carrying a sniper rifle. You don’t see them, they’re not there,” he told AFP.  

“When you think about something that can really cause catastrophic harm, it is someone with intent who takes time to get into systems.”  

Once inside, the cyber attackers can steal information, he said. “But it also gives you the ability to carry out destructive acts at a later stage.”   

‘Highly sophisticated’   

A number of other governments had found similar activity since the Volt Typhoon alert was issued, said Robert Potter, co-founder of Australian cybersecurity firm Internet 2.0.  

“I am not sure how communications infrastructure would be at risk from these attacks because those networks are highly resilient and difficult to bring down for more than small intervals,” Potter told AFP.  

“However, the ongoing threat from China-based APT (advanced persistent threat) groups is real.”  

The director of the U.S. Cybersecurity and Infrastructure Security Agency, Jen Easterly, said China had been stealing intellectual property and data worldwide for years.  

“Today’s advisory, put out in conjunction with our U.S. and international partners, reflects how China is using highly sophisticated means to target our nation’s critical infrastructure,” Easterly said.  

China offered no immediate response to the allegations. But it routinely denies carrying out state-sponsored cyber-attacks.   

China in turn regularly accuses the United States of cyber espionage. 
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Beijing’s restrictions on American chipmaker Micron in retaliation to sweeping US chip curbs mark a major step up in its response to Washington’s pressure and could open the door for further measures in the geopolitical standoff, analysts say.   

But they warned President Xi Jinping’s ability to raise the stakes will be limited as he battles to re-energize the world’s number two economy while it struggles to recover from years of zero-Covid-imposed inertia.   

China on Sunday banned the use of Micron’s chips in critical infrastructure projects, which Beijing said posed “major network security risks” that could affect “national security”.   

Washington expressed “serious concerns” over the ruling that came just as leaders of the world’s seven richest nations (G7) signed a statement urging Beijing to end “economic coercion”.   

The move marked a significant shift in China’s response to US measures that have targeted the country’s technology sector, with Gary Ng, a senior economist at Natixis who specializes in the global chip trade, calling it “a landmark case”.   

He emphasized it was China’s first cybersecurity probe into a foreign company since tighter rules were announced in 2021, and a rare instance when the scope of such reviews was expanded to include national security concerns.   

“I wouldn’t be surprised if regulators used these reviews as a tool for retaliation in future” when faced with other geopolitical issues, he said.   

Emily Weinstein, a research fellow at Georgetown University specializing in the US-China tech rivalry, added that the definition of what fell under “critical information infrastructure” was very broad — ranging from online government services and defense to healthcare and water conservation.   

“Technically that could mean that anything qualifies,” she said.   

“China has consistently found national security or other reasons to create protectionist barriers” including mandatory technology transfer agreements, which require companies to store all data locally and requirements for foreign entities to have joint ventures with local partners in several sectors.   

‘Fuel to this fire’    

China began an investigation into Micron in late March, five months after the US unveiled sweeping curbs aimed at cutting off Beijing’s access to high-end chips, chipmaking equipment and software used to design semiconductors.   

“This is clearly part of a tit-for-tat retaliation for what Beijing perceives as Washington’s support of Micron and the US semiconductor industry,” said Paul Triolo, a China tech expert at consultancy Albright Stonebridge.   

Micron was singled out to make a political statement, Triolo said, adding that previous cybersecurity reviews of domestic firms, such as ride-hailing app Didi, focused on data instead of broadening the scope to include national security.   

Washington has banned Chinese chipmakers including Micron rival Yangtze Memory Technologies.   

The announcement came as the G7 nations said they would move to “de-risk, not decouple” from China, while Washington pressures allies to unite in restricting chip equipment exports to China. 

“The strong statement from G7 may have added fuel to this fire,” Ng said.   

However, Xi’s desire to combat what he sees as US hegemony will need to be balanced against the impact such measures would have on the economy.   

According to analysts, Micron — one of the US’s largest memory chipmakers — was an easy target because its semiconductors could be replaced by products from South Korea’s SK Hynix and Samsung.   

But restrictions against other US firms such as Intel and Qualcomm would be much harder to deal with because their technologies are used in consumer goods, including smartphones, that are made in the country and shipped abroad.    

Betting on South Korea     

“The approach of limiting US firms like Micron intends to send a signal that Beijing is willing to bear some pain as it contests with the US,” Ja Ian Chong, an associate professor of political science at the National University of Singapore, said.   

“But Beijing is quite careful to limit costs to itself,” he said, according to Bloomberg News.    

The ban will come down particularly hard on companies offering cloud services or data centers because they use hardware that requires high-end memory chips, according to Toby Zhu, an analyst at market research firm Canalys.   

He told AFP that Micron’s consumer goods products are “completely replaceable” by South Korean and domestic memory chip suppliers.   

And Triolo said Beijing was “betting on switching to South Korean suppliers”.  

However, the White House last month urged South Korean chipmakers not to export to China to fill any gap left by a ban on US semiconductor imports.   

The Netherlands and Japan have already announced their own restrictions on chip exports, following requests from Washington.   

Ng added: “China has been quite cautious not to retaliate too much… because Beijing can’t ramp up domestic capacity quickly to match any shortfall.” 
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Seated on his mother’s lap, one-year old Jeon Tyler Ancheta gets vaccinated for measles and rubella. Jeon Tyler lets out a short cry after the needle is pulled out of his arm, but he’s comforted by his mother while a doctor enthusiastically says “good.”

There’s a line of parents who brought their kids to get vaccinated at this local health clinic. It’s a positive sign in a country that has a large number of unvaccinated children.

The Philippines has about one-million children who have not received a single routine vaccination according to the United Nations Children’s Fund (UNICEF). The country is ranked in the top five globally for the highest number of zero-dose children. In addition, there are many kids who are only partially vaccinated for diseases that require multiple shots including measles.

So, health departments across the country have teamed up with UNICEF and the World Health Organization for a nationwide vaccine campaign.

Robert Pascual Jr. came to this clinic with his two-year old daughter Zafeerah. “When she grows up, I want her to be protected and safe,” Pascual said although he acknowledged having some vaccine hesitancy until recently.

The reasons behind the high number of unvaccinated children in the Philippines include strict lockdowns during the pandemic that kept families from routine medical appointments.

Many Filipinos also have lingering mistrust of vaccines after more than 800,000 Filipino children received a dengue vaccine, Dengvaxia, which was later shown to increase the risk of a severe form of the disease in some people.

Several studies show the Dengvaxia debacle caused a drop in Filipino parents’ trust of vaccines, even with vaccines that have been routine for children for decades. Health officials in the Philippines say this led to measles outbreaks.

“There are myths that these particular vaccines give you the disease itself. So, there’s a lot of controversies,” says Dr. Jennifer Lou Lorico-De Guzman, medical coordinator for the national immunization program for the city of Taguig.

“We are trying to educate the public about the importance of vaccines,” she adds.

Health advocates such as Ma. Nieves Bulalacao are hitting the streets to talk to parents. On a recent morning, Bulalacao walked through Taguig’s side streets and alleyways alongside nurse Gigi Quintero who carried a cooler stocked with ice packs and vaccines for measles as well as rubella.

“We’re trying to find parents with children who need to be vaccinated,” Bulalacao said.

Together they went door to door telling parents how contagious diseases like measles are and that vaccines are the best way to protect their children.

They came across Stephanie Opider whose three children need to be vaccinated. “It’s dangerous because measles can spread quickly,” Bulalacao told Opider.

The children’s father, Joeson Dalanon, is afraid vaccinations could harm their kids. “I hear there are lots of kids who die so I didn’t want them to get vaccinated,” Dalanon said.

These parents are especially concerned about their middle child, three-year-old King Andrei, who they say gets convulsions whenever he gets a fever.

Eventually the parents agree, seemingly reluctantly, to let Quintero vaccinate all three of their children. Bulalacao acknowledges that more work needs to be done so that parents can feel confident that vaccination is the right decision. “We have to keep reassuring them that these routine vaccines will not harm their kids,” she said.

At a clinic in Taguig’s Maharlika neighborhood, Suhaira Bago lines up with her two-year-old daughter Alicia for a measles and rubella vaccination. They’re part of this neighborhood’s Muslim community and Bago says some families refuse to let their children get inoculated.

“Many of the [grandparents] have a lot of influence over these decisions in their family,” Bago says. “They say they didn’t get the vaccine so their [grandchildren] don’t need it either. The issue with the [Dengvaxia] vaccine only added to this feeling for many.”

Cristina Rakim, a city health worker in this neighborhood who’s also Muslim, says outreach teams are investing significant time in this community. ”We’re trying to convince parents and grandparents how much safer their children and grandchildren will be if they’re vaccinated,” Rakim said.

Two-year-old Alicia didn’t even flinch when the needle went in and out of her arm. Her mother smiled when she later said, “I know this measles and rubella vaccine will protect my child.”
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A small company devoted to low-cost space launch systems will take part in an upcoming mission to put an uncrewed lander on the moon. As Mike O’Sullivan reports, it’s one of many small companies hoping for a role in a future moon base.
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