Justice Clarence Thomas says federal marijuana laws may no longer be needed



"A prohibition on interstate use or cultivation of marijuana may no longer be necessary or proper to support the federal government's piecemeal approach," Thomas wrote in an opinion Monday. File Photo by Gary C. Caskey/UPI | License Photo


June 28 (UPI) -- Federal regulations on marijuana may "no longer be necessary" as individual states enact their own laws on its use and sale, Supreme Court Justice Clarence Thomas wrote in an opinion Monday.

Thomas, one of the high court's most conservative justices, cited what he called the federal government's "half-in, half-out" approach that "simultaneously tolerates and forbids local use of marijuana" and concludes that federal pot laws and policies may now be obsolete.

"A prohibition on intrastate use or cultivation of marijuana may no longer be necessary or proper to support the federal government's piecemeal approach," he wrote in dismissing the appeal of a Colorado medical marijuana dispensary that was denied federal tax breaks.

In the case, Standing Akimbo vs. United States, the dispensary argued that it is prohibited by the Internal Revenue Service from deducting certain business expenses -- as other businesses are allowed -- even though it operates in Colorado, where marijuana use is legal.

The reason is an IRS public policy provision that bars such deductions for companies dealing in controlled substances.

With 36 states now legally allowing marijuana for medical use and 18 for recreational use, Thomas wrote that the case illustrates a growing disconnect between federal and state laws.

Since the Supreme Court upheld federal marijuana laws in 2005, Thomas said the legal landscape has greatly changed. Further, he said, the Justice Department since 2009 has declined to intrude on state legalization efforts or prosecute those who comply with state laws.

"Suffice it to say, the federal government's current approach to marijuana bears little resemblance to the watertight nationwide prohibition that a closely divided Court found necessary to justify the government's blanket prohibition [in 2005]," he wrote.

Thomas noted that the federal government is sending "mixed signals" on marijuana use and cultivation, and producing confusion among legally operating businesses.

"Whatever the merits of [the 2005 case] when it was decided, federal policies of the past 16 years have greatly undermined its reasoning," he wrote.

"A prohibition on interstate use or cultivation of marijuana may no longer be necessary or proper to support the federal government's piecemeal approach."

HAPPY CANADA DAY 

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PHOTO ESSAY

Jeju, South Korea's island paradise, also is a high-tech testbed


The C-ITS system has resulted in a 12% reduction in road accidents, its operators say.  Photo by Thomas Maresca/UPI

By Thomas Maresca

JEJU ISLAND, South Korea, June 30 (UPI) -- The island of Jeju, a laid-back tourist getaway 60 miles off the southern coast of South Korea's mainland, is becoming known for smart city and green energy projects that are leading the way in the high-tech nation.

"Jeju's smart city infrastructure, experience and achievements are ahead of any other Korean city," Gov. Won Hee-ryong said in a recent interview with UPI and other media.

"As Korea's testbed for trying out new policies and pilot projects, Jeju is much like a smart city research center."

While South Korea as a whole has lagged other developed nations in terms of green energy, Jeju began to plan a decade ago to become carbon neutral by 2030, and it tops the country in renewable energy use, driven by the nation's first offshore wind farm and ample solar capacity.


"Jeju's renewable energy generation rate and [electric vehicle] penetration rate are the highest in Korea," Won said. The island has more than 25,000 electric vehicles among a population of 670,000 residents.

It is on the roads where one of Jeju's most innovative smart initiatives can be seen. The Cooperative Intelligent Traffic System, which began as a $25 million pilot project that ran from 2018 to 2020, still is in operation.

The project covers some 186 miles of the island's roads with an array of CCTV cameras and sensors that communicate real-time data and artificial intelligence-powered predictive traffic and accident analysis to a NASA-like control center in Jeju City's municipal police bureau.

While many cities worldwide have intelligent traffic systems, Jeju's emphasizes the connectivity between vehicles, as well as the overall network, said Kang Su-cheon, head of the bureau's traffic information center.



"C-ITS is an upgraded version that enables two-way information between vehicles," Kang said. "Jeju is leading the way. It is the first place that established such services" in South Korea.

Related projects have since been launched in Seoul using public transportation and the industrial city of Ulsan using freight vehicles, but in Jeju -- a tourism-driven island -- the emphasis has been on rental cars.

Jeju received roughly 15 million visitors a year before the pandemic, and some 65% of tourists rent cars, Kang said.

Some 3,000 rental vehicles, roughly 10% of the island's inventory, have been equipped with on-board units that can receive information from the system, as well as communicate data such as location and speed to other vehicles.

The result is a kind of super-charged GPS, monitoring traffic and providing advance warning for hazards that range from a pedestrian stepping into the crosswalk to a vehicle stalled on the side of the road. Tourist information and local attractions also are highlighted on the dashboard-mounted device.

C-ITS has led to a 12% overall reduction in traffic accidents, with a decrease of 19% among vehicles equipped with the specialized on-board terminal, Kang said. Emergency vehicles also have seen improved response times, thanks to a prioritized traffic signal system.

The smart road infrastructure has made Jeju a center for autonomous vehicle testing, as well. Local startup RideFlux completed a trial run of self-driving shuttle service last year and is working on a larger-scale pilot project with car-sharing firm SoCar that is expected to launch in the coming months.

"Our big picture is to build an intelligent infrastructure that will provide an environment that is friendly for EVs or autonomous driving in the future," Won said. The integrated platform will potentially grow to include scooters, electric bicycles and even drones, he added.

Another area in which Jeju has been leading the nation is renewable energy. Sitting off of the west coast of the island is South Korea's first offshore wind farm, 10 turbines situated 1,640 to 3,937 feet from land.

"A few years ago, you couldn't see any offshore wind farms in Korea," said Woo Koang-ho, representative director of Tamra Offshore Wind Power, which operates the turbines. "But this plant was established in 2017 -- this was the starting point."

The wind farm is relatively modest in scope: Its turbines have a capacity of three megawatts each, for a total of 30 megawatts. However, they are part of a wind package on the island that includes an additional 172 on-shore towers, for a total capacity of 400 megawatts. Solar power contributes another 600 megawatts of capacity.

Overall, Jeju generates more than 16% of its energy from renewables, by far the highest rate in the country. South Korea's national rate is just around 2.4%, and as of 2018, it had the lowest share of renewable energy in total primary energy supply among the 30 member countries of the International Energy Agency.

In October, South Korea joined several other developed economies by pledging to slash its greenhouse gases and become carbon neutral by 2050, with offshore wind power as a major part of the plan.

Including the turbines on Jeju, South Korea only operates 30 offshore wind turbines, but the government announced a pair of ambitious projects earlier this year: a $43 billion offshore wind farm near Sinan on the southwestern coast and a $32 billion floating offshore wind farm -- projected to be the world's largest -- farther out at sea near the southeastern city of Ulsan.

The success of the Jeju wind farm has been essential to South Korea's bold designs, Woo said.

"We created a very good example because we are the first wind farm," he said.

Nearby villagers at first resisted the project, Woo said, expressing concerns about noise and the impact on local fishing. But they have since come to embrace the wind towers with a sense of local pride -- while also appreciating the income generated by a profit-sharing arrangement with the operator.

"Residents have, in fact, encouraged us to extend the tower farm, which we plan to do once we get permission," Woo said. Tamra is awaiting the regulatory go-ahead to install another 10 turbines, this time with a larger 8-megawatt capacity each.

Meanwhile, another pilot project on the island is producing and storing green hydrogen from the surplus electricity generated from wind power.

Woo said the wind farm has even helped to increase the area's tourist trade.

"We are 40 kilometers [25 miles] from Jeju City, and tourists didn't really visit before," Woo said. "But this wind farm has made the local economy more vibrant."

On a recent sunny afternoon, a steady stream of tourists stopped at various locations along the coast to snap photos and pose for selfies against a backdrop of white turbines, a choppy sea and a bright blue sky.

"The view is beautiful with the wind towers," said Lee Joo-hyun, who was visiting from Seoul. "Renewable energy is booming everywhere now, so I wanted to see this wind farm in person."

Tourism remains the lifeblood of Jeju, and the island is looking to lead the way yet again as a pilot travel bubble destination when the COVID-19 pandemic eases further, Won said.

Looking longer-term, officials are hoping that clean energy and smart city technology will become attractions in their own right and will enhance the overall tourism experience.

Won said the island is working on projects such as creating a points-based system to incentivize carbon-neutral actions by tourists and utilizing big data for customized travel recommendations and itineraries.

Most importantly, Jeju is looking to harness the power of technology to help maintain the island's natural beauty, the governor said.

"Sustainability, including people and nature, is the core value of Jeju's smart city vision," Won said.

MORE PHOTOS HERE

Jeju, South Korea's island paradise, also is a high-tech testbed

Marines shut off power, run base with renewable energy


A photovoltaic installation at Marine Air Station Miramar, Calif., was an element in the Energy Resilience Readiness Exercise, in which commercial power to the base was shut off for a test. Photo courtesy of U.S. Department of Energy

June 30 (UPI) -- A Marine air base successfully tested its independent electric microgrid after external power supplies were deliberately cut off, it said on Wednesday.

Marine Corps Air Station Miramar conducted two tests of its Energy Resilience Readiness Exercise this week, a program undertaken by the Pentagon to ensure electricity to military installations in the event of an interruption.

Miramar's microgrid power plant, completed in March, is a $20-million electrical backup system, which provides the installation with up to 21 days of energy resilience.

Power from San Diego Gas & Electric was turned off for two six-hour periods, and replaced by backup power derived from natural gas, diesel power, landfill gas and solar photovoltaic power generation.

The result is "a microgrid capable of powering every mission critical facility for an indefinite period of time, making MCAS Miramar one of the most energy secure facilities in the Department of Defense," a Miramar statement said.

The base has used methane, from a landfill, to create renewable electricity since 2012. It partnered with the U.S. Department of Energy to create a microgrid concept using a variety of energy sources.

"Our microgrid delivers capabilities that will make MCAS Miramar one of the most energy-forward defense installations in the nation," Col. Charles B. Dockery, commanding officer of the base said last year after the first tests of the system.

Miramar's microgrid was designed to manage power loads and redirect electrical power to the sections of the base which most need it, notably the flight line operations of the 3rd Marine Aircraft Wing.

Military establishments, notorious for wasteful energy practices, have considered renewable energy development as part of efficiency-increasing strategies since 2011.

Mich. officials seek disaster aid after historic rainfall floods Detroit

June 28 (UPI) -- Michigan officials said Monday they are asking the Biden administration for federal help after the city of Detroit was inundated by record weekend rainfall that caused widespread flooding.

Gov. Gretchen Whitmer, Detroit Mayor Mike Duggan and other officials said they are coordinating their efforts to obtain federal assistance after the historic rainfall, in which 6 inches of rain washed over the city in just two hours late Friday and early Saturday.

In the wake of the downpour, abandoned vehicles remained partially submerged on the city's freeways while thousands of homes and businesses were flooded.


Whitmer toured a flooded section of Interstate 94 where the roofs of submerged cars were still visible above the water and afterward told reporters that climate change and aging infrastructure are to blame for the massive flooding

"What we need is a comprehensive investment in infrastructure at the state level and at the federal level," she said. "I'm glad that President [Joe] Biden is working to get an infrastructure package done because this is not unique to Michigan, but it is our job to deliver for the people in the state. We're doing what we can with the resources we have."

Duggan said an aging storm water system built decades ago when the city's population was 1.5 million fewer than now cannot handle such extreme weather events.

"We are preparing the case for President Biden [to declare a disaster]," he said.

Whitmer on Saturday declared a state of emergency for Wayne County, which encompasses Detroit.

SCALIA'S GHOST 
Supreme Court bucks lower ruling to allow pipeline project to take N.J. lands




The U.S. Supreme Court is seen on Capitol Hill in Washington, D.C., last Thursday. Photo by Ken Cedeno/UPI | License Photo


June 29 (UPI) -- The Supreme Court on Tuesday voted in favor of letting a group of energy companies build a controversial $1 billion natural gas pipeline to run between New Jersey and Pennsylvania, and seize state lands to do it.

The narrow 5-4 ruling rejected a challenge from New Jersey against PennEast Pipeline Co., a joint venture of multiple energy companies that aims to build the gas line across 120 miles between the two states.

The Supreme Court reasoned that the companies can legally sue to take over state lands under the Natural Gas Act of 1938.

Writing for the majority, Chief Justice John Roberts said the case involves federal eminent domain power.

"Eminent domain is the power of the government to take property for public use without the consent of the owner. Since the founding, the United States has used its eminent domain authority to build a variety of infrastructure projects," he wrote.

"It has also used its power against both private property and property owned by the United States."

PennEast has offered to pay land owners to build the pipeline route and moved to condemn 40 parcels of land in New Jersey where the government has "nonpossessory interests."

The ruling overturns a lower federal appellate court ruling that favored New Jersey's government.

Roberts and Justices Samuel Alito, Sonia Sotomayor, Stephen Breyer and Brett Kavanaugh voted in favor of the pipeline. Justices Neil Gorsuch, Clarence Thomas, Amy Coney Barrett and Elena Kagan voted in dissent.

Writing for the minority opinion, Barrett emphasized that "state surrender of immunity to private suits... is rare in our constitutional system."

"This court has long held that states did not surrender their sovereign immunity to suits authorized pursuant to Congress' power to regulate interstate commerce, and no historical evidence suggests a different result obtains for condemnation suits brought by private parties against nonconsenting States," she wrote.

PennEast aims to deliver more than 1 billion cubic feet of natural gas per day with the pipeline. The $1 billion project still must overcome multiple logistical and legal hurdles

Canada, US heat wave 'on steroids' due to climate change, say experts

Issued on: 01/07/2021 

Kids cooling off at a fountain in Portland, Oregon on June 27 2021 in the midst of a record busting heat wave across the western US and Canada Nathan Howard GETTY IMAGES NORTH AMERICA/AFP

Washington (AFP)

The western United States and Canada would likely have experienced a heat wave in the past week even without climate change. But the scale and severity of the record-breaking temperatures were undoubtedly multiplied by the changes to our atmosphere, experts say.

The US states of Washington and Oregon, as well as British Columbia in Canada, boiled this week in all-time high temperatures that have caused dozens of deaths.

"This is one of the most extreme heat waves that we have seen on Earth, in many years, anywhere, in terms of the deviation from the typical conditions in this particular part of the world," said Daniel Swain, a climate expert at UCLA, noting that temperature records are rarely broken by "more than a degree."

"In this case, those records were obliterated," he said. "It's really the magnitude and the persistence of this one that is just genuinely shocking."

Canada set an all-time record on Tuesday. In Oregon, temperatures were higher than the maximum recorded in Las Vegas, in the middle of the Nevada desert.

And all this in a region with a normally temperate climate at this time of the year.

The phenomenon causing the scorching heat is called a "heat dome." Hot air is trapped by high pressure fronts, and as it is pushed back to the ground, it heats up even more.

"It's sort of like a bicycle pump," said Philip Mote, professor of atmospheric science at Oregon State University. "If you compress air into a bike tire, it warms the air."

The condition also prevents clouds from forming, allowing for more radiation from the sun to hit the ground.

Such conditions are not unheard of: "The pattern was similar to how we always get our heat waves," Karin Bumbaco, a climatologist at the University of Washington, told AFP. "We've seen that pattern before, but it was just much stronger than usual."

- Climate like 'steroids' -

So what is causing the precedent-shattering highs?

"A world without climate change would have still had a heat wave in the Pacific Northwest. It just would have been not quite as record-setting," said Zeke Hausfather, a climate expert at the Breakthrough Institute.

"Climate is like steroids for the weather," he said "If a baseball player or Olympic athlete is taking steroids, they're still going to perform better some days and worse some days, but on average, their performance is going to go up. And so climate is doing something similar to the weather. That makes it more likely to experience these sort of extremes."

So-called "attribution studies" will be conducted to determine the exact causes of the event.

But "I think it's safe to say that there's at least some components of global climate change that contributed to this event," said Bumbaco.

Temperatures are generally higher in this region, which has warmed by around three degrees Fahrenheit in the past 100 years, so it makes sense for records to be broken little by little.

However, "it is very possible that climate change increased this heat wave to an even greater degree" than that, said Swain, the UCLA expert.

For example, the drought that has plagued the region for weeks may have bolstered the heat dome because the energy of the sun's rays is no longer being used to evaporate water, so instead it warms the atmosphere more.

And climate change is already "increasing the severity of drought" in parts of western North American, said Swain. "The answer to the question of whether it would have happened to this extent without climate change is clearly no."

- Adaptation -

It is hard to predict just how often such heat waves will occur again.

"This particular event was so extreme that it will remain unusual, even in a warming climate," said Swain. "But it has gone from the realm of being essentially impossible to being something that we may well see again."

"The bad news is that even if we could wave a magic wand and get all our emissions to zero tomorrow, the world isn't going to cool back down," said Hausfather.

"We're stuck with the warming... And so we need to be prepared for these sorts of events to be more frequent."

Experts insist on the need to adapt in the medium term: by equipping populations with air conditioners (even if they release harmful emissions in the long term), by rethinking the structure of buildings so that they reflect rather than retain heat, and by planting vegetation.

But all are unanimous: "In the longer term, obviously, the best way to prevent these things from happening in the first place, or to reduce how much worse they could get, is to reduce global emissions of greenhouse gases," said Mote.

© 2021 AFP

Deforestation in the Amazon threatens one of the world's largest eagle species


Deforestation in the Amazon is making it difficult for harpy eagles, one of the world's largest eagle species, to feed themselves and their offspring. Photo by Haui Ared/Wikimedia Commons

June 30 (UPI) -- The harpy eagle, known in Brazil as the royal-hawk, is one of the world's largest eagle species. Like so many apex predators, the harpy eagle has suffered considerable habitat declines as a result of human development.

Though the harpy eagle's range remains extensive, its distribution and population numbers have steadily declined, and the latest research suggests deforestation in the Amazon is making matters worse.

Harpy Eagles aren't born great hunters -- they learn and develop their skills over time, and chicks and fledglings must rely on their parents for food.

According to the latest research, published Wednesday in the journal Scientific Reports, parents in heavily deforested regions of the Amazon are having a tough time finding enough food for their offspring.

"Their global distribution has contracted by 41% since the 19th century, and currently, 93% of their distribution range is within Amazonian forests, their last stronghold," researchers wrote in their paper.

For the study, scientists monitored several harpy eagle nests throughout the Amazonian forests of Mato Grosso, in Brazil.

Using direct field observations and camera footage, the researchers analyzed the hunting and feeding behaviors of harpy eagle parents.

Scientists also analyzed bone fragments near the nests to confirm what the eagles were eating.

Of the more than 300 prey items collected and documented by scientists, nearly half belonged to two-toed sloths, brown capuchin monkeys and grey woolly monkeys.

Researchers found three eaglets dead from starvation in areas featuring deforestation rates of 50 to 70 percent. In these same regions, where forest canopies are sparser, sloth and monkey numbers are depressed.

In some places, habitat losses are extensive enough to deter eagles altogether.

Roughly 35% of Mato Grosso features deforestation rates greater than 50%, and no harpy eagle nests were found in areas of the forest featuring more than 70% deforestation.

The authors of the new study determined much of the so-called "Arc of Deforestation" in the Amazon, which includes parts of Mato Grosso, is unsuitable for harpy eagles.

The latest estimates suggest deforestation in the Amazon is responsible for a loss of 3,256 breeding harpy eagle pairs since 1985.

"Our results suggest that restoring harpy eagle population viability within highly fragmented forest landscapes critically depends on decisive forest conservation action," researchers wrote in their paper.

California's blue oaks threatened by hotter temps, longer droughts




California's blue oak tree, Quercus douglasii, is the primary species in the state's largest old growth forest ecosystem. Photo by M. Ritter, W. Mark and J. Reimer/Cal Poly


June 29 (UPI) -- The near-five-year drought that dehydrated much of California between 2012 and 2016 led to significant tree cover declines and die-offs.

According to a new study, California's famed blue oak woodlands were especially hard hit.

The latest analysis, published Tuesday in the journal Frontiers in Climate, revealed declines of more than 1,200 square kilometers, or nearly 650 square miles.

The blue oak, Quercus douglasii, which is endemic to California, can be found dotting the foothills of the Sierra Nevadas.

RELATED Climate change to blame for megadrought emerging across Western U.S.

It is the state's most drought-resistant oak species, but the new research suggests the typically resilient tree may struggle to survive more frequent and prolonged droughts.

"Our findings indicate that droughts that last several years, and which occur along with warmer than historically normal temperatures, pose serious threats to the blue oak woodlands," first study author Francis Dwomoh, researcher with ASRC Federal Data Solutions said in a press release.

"Acting in concert with wildfires, these harsher climatic conditions may lead to major tree cover loss, with negative consequences on the plants and wildlife that depend on them, as well as the goods and services we derive from this ecosystem," said Dwomoh, a researcher with ASRC Federal Data Solutions, a contractor to the United States Geological Survey Earth Resources Observation and Science Center.

California's blue oak woodlands are estimated to be the state's most widespread old-growth forest ecosystems, predating the arrival of European colonists.

The woodlands are also host to rich biodiversity, providing food and shelter for more than 300 vertebrate animal species.

Using Landsat satellite images, researchers approximated tree cover losses, as well as conditional changes, among the blue oak woodlands over the last decade. Scientists also used fire records to ensure documented losses were attributable to drought conditions.

The data showed forests that were both affected and unaffected by fire experienced significant tree cover loses and conditional changes -- partial disruption or degradation -- as a result of the mega-drought that stretched from 2012 to 2016.

The data also showed the negative impacts of wildfires in blue oak woodlands were more pronounced during the drought's hottest, driest years.

"We hope that our research findings will be useful for identifying and prioritizing the most vulnerable areas of the woodlands for appropriate management interventions," Dwomoh said.

"Furthermore, our results might be helpful to plan for more resilient blue oak woodlands and similar landscapes as the harsher climatic conditions of 2012-2016 are likely to be more common in the future," Dwomoh said.

Biden offers $50 billion to fight West wildfires, boosts firefighter pay

TO $15 PER HR!!! 

IT SHOULD BE OVER $150 PR HR

June 30 (UPI) -- President Joe Biden offered assistance Wednesday to a group of Western governors to help them prepare their states for the new wildfire season, which is well underway.

Biden offered the states $50 billion in wildfire protection and risk mitigation funds as part of a proposed bipartisan infrastructure deal.

Biden's administration also said it will help increase firefighters' pay to a minimum of $15 per hour and work with Congress to improve compensation.

"These are short-term solutions to support our federal wildland firefighters, especially due to the multiple impacts of COVID and climate change this year," the White House said in a statement.

RELATED High heat, drought conditions fuel dozens of wildfires in western U.S.


"The administration will work with Congress on longer-term much-needed compensation, benefit, and work-life balance reforms for federal wildland firefighters."

The White House also said Biden wants to extend hiring for temporary firefighters, transition more fire personnel into the permanent positions, train and equip military personnel to respond to wildfires and increase the number of air tankers and helicopters.

Officials said Biden will also leverage satellite and other technologies to support fire crews and other emergency personnel and work with electric companies to mitigate issues with power lines and electrical grids in high-risk areas.

RELATED Backbone Fire in Arizona nearly triples in size to 17,126 acres

Wednesday's meeting, which the governors attended remotely, was attended by Vice President Kamala Harris and Govs. Kate Brown of Oregon, Gavin Newsom of California, Mark Gordon of Wyoming, Michelle Lujan Grisham of New Mexico, Spencer Cox of Utah, Steve Sisolak of Nevada, Jay Inslee of Washington and Jared Polis of Colorado.

The White House said the group and private sector partners went over the "devastating intersection of drought, heat and wildfires" in the West and developed ways to strengthen "prevention, preparedness and response efforts."

A number of fires are burning in western states -- particularly California, Arizona and Oregon. In California, for example, the Lava Fire has burned more than 13,300 acres in Siskiyou County.

RELATED Heat wave in western U.S. will set records

"We're at a point where we're simply going to be overwhelmed year after year going forward given the current systems we have in place," Jim Whittington, an expert in wildland fire response, told the Los Angeles Times.

"We really need to look at the way we staff and work wildland fires, the way we fund them and the way we take care of our people. We need a full reset."

Some experts say the federal government's partnership will be a welcome effort after former President Donald Trump often blamed the fires on poor forest management.

Some Western governors have said Wednesday's meeting was tainted by partisan politics.

Republican Montana Gov. Greg Gianforte complained on social media that he was not invited to participate, nor were Doug Ducey of Arizona and Brad Little of Idaho.

"Disappointed to learn in news stories that [Biden] didn't offer a seat at the table to Montana and other states facing a severe wildfire season," Gianforte tweeted last week. "I hope his call for working together wasn't just lip service and Montana's invitation is just lost in the mail."

Gordon and Cox, who attended the meeting, are Republicans.