Sunday, March 12, 2023

NYC Rep. Velazquez joins fight against exploding e-bike batteries

2023/03/11
Alex Wong/Getty Images North America/TNS

NEW YORK — The FDNY could get some federal help in its ongoing fight against exploding e-bike batteries.

Rep. Nydia Velazquez, D-N.Y., vowed Saturday to introduce legislation that would provide federal money for New York and other municipalities to create public charging and storage stations for e-bikes, scooters and mopeds — removing the potentially explosive lithium-ion batteries out of people’s homes where they can do the most damage.

“These stations will help get e-bike and lithium batteries out of residential buildings and into safe and accessible storage spaces where we can limit risk to our residents,” Velazquez said at a news conference outside a scorched Goodwin Place, Brooklyn, home where an lithium-ion battery sparked a blaze that cost a 67-year-old woman her life.

The legislation would create federal Department of Transportation grants for any municipality wanting to create these charging spaces. Velazquez is hoping to earmark $500 million for the grants.

Faulty e-bike and scooter batteries have sparked 33 fires across the city so far this year, causing 42 injuries and two deaths.

The batteries explode and catch fire when they are being charged. E-bike and scooter owners usually charge the batteries in their homes, while they’re sleeping, a recipe for disaster, Fire Commissioner Laura Kavanagh said.

“These fires spread incredibly quickly and with great force,” Kavanagh said at a city public safety briefing Friday hosted by Deputy Mayor for Public Safety Philip Banks. “They pose a huge risk to our members and to the public.”

Since the FDNY began spreading the word about the dangers of charging the batteries at home, some have decided to create charging spaces for city delivery workers, but these come with their own set of hazards.

In the past week, the FDNY Bureau of Fire Prevention received a tip about an illegal battery charging station in the basement of a 34-story residential skyscraper in Manhattan.

“They discovered more than 100 e-bikes and more than 200 batteries charging in a makeshift charging station,” Kavanagh said.

The batteries were being charged in wooden shelving system plugged into an unapproved power strip plugged into the wall with an extension cord, Kavanagh said.

“It posed a significant fire hazard,” said the commissioner, adding that one burning e-bike battery destroyed a Bronx supermarket last Sunday. “Imagine the damage this many batteries could cause, sitting out in the open, sitting on a pallet of wood given what we have already seen resulting from one single battery.”

The FDNY “found several violations in accordance with fire safety regulations” in the garage and “advised building management to rectify the hazardous condition to ensure the safety of the occupants,” the department said while posting images of the shelves on social media.

Potentially dangerous battery-charging racks were also found in five other Manhattan businesses in February. Violations and summonses were given to the owners, the FDNY said.

Velazquez’s legislation comes as the City Council passed a raft of bills this month that would ban the buying and selling of uncertified and secondhand e-bike batteries, which are more prone to catch fire than batteries provided by the manufacturer.

“Right now we are trying very much to understand this industry,” City Councilwoman Jennifer Gutierrez, a Democrat, said. “Regulating not just the manufacturers but the importers is going to be key.

“These are businesses that are more interested in the bottom dollar (than) in saving lives,” she said.
United Firefighters Union Australia warns governments to address lithium-ion battery fire risks during electric vehicle crashes

The batteries used in EVs can start fires and explode if they ignite or overheat.(Supplied)

The firefighters' union has urged the federal government to reduce the risks posed by electric vehicles (EV) and other lithium-ion battery technologies.

Key points:The main firefighters' union says the public needs to be more aware of the risks posed by lithium-battery fires

EV fires are difficult to put out and can release toxic gases

After a crash, EV owners are advised to warn emergency responders that their car has a battery

The United Firefighters Union Australia (UFUA) wants regulation and public education campaigns for battery fires, both in vehicles and battery energy storage systems (BESSs), which are used in homes and businesses.

Lithium-ion batteries can start fires and even explode if they ignite or overheat.

UFUA national secretary Greg McConville said the union welcomed the growing use of EVs and BESSs to reduce harmful climate emissions.

However, he said the technologies posed unique hazards that authorities must address.

"New EV sales within Australia increased by 65 per cent in 2022, and with the rapidly increasing take-up of these, and BESSs, the issues are growing exponentially," he said.

"When the integrity of lithium-ion batteries is compromised, the energy they store is released as heat, known as 'thermal runaway'.

"This can cause fires that are extremely difficult to extinguish, while releasing an extraordinary array of deadly toxic gases.

"There's no greater likelihood of an EV fire than a combustion-engine car fire, but when they happen the risks are huge and the consequences are enormous."
'A new and emerging hazard'
Firefighters say owners of EVs or hybrids should tell first responders their car has a battery.(ABC News: Susan McDonald)

Not all firefighters have joined the UFUA's call for new policies on battery fires, but most understand the potential dangers of responding to an EV collision.

ACT Fire and Rescue superintendent Greg Mason said less was known about EVs than other cars because they were newer, but firefighters took specific precautions at EV crash sites in Canberra.

"They are a new and emerging hazard for us but, as in the past, as new and emerging hazards have come to our attention, we developed in consultation with other fire services the best response to them," he said.

"What we try to do is — if the vehicle is not on fire — watch to see if there's any change in the state of the vehicle in regards to the battery pack on-board to see if we can determine whether [it] is still intact, that it's not going to go into a fire condition or a thermal-runaway condition.

Firies worried about rise in lithium battery fires

Queensland firies have had to deal with almost one residential fire a week caused by lithium ion batteries, and they're concerned that number will 'increase significantly' over coming years as the popularity of electric vehicles grows.



"It's reasonably straightforward, [but] it's something that's new to us as an industry, so we're still developing some of the finer techniques."

Mr Mason said it might seem obvious, but a crucial part of responding to vehicle collisions was determining whether any of the vehicles had a lithium-ion battery, so as to keep observing them.

To help first responders, electric, hybrid and hydrogen-powered vehicles built after 2018 must have an identifying label on the front and rear number plates.

Mr Mason said this requirement was helpful but firefighters were not guarantee to see the labels.

He said owners should tell responders if their car had a battery as soon as possible after a crash.

"The label on the number plates is an indicator for us, but if the vehicle is damaged in such a way that it's not easily identifiable to us, then the owner's information – that their car is an EV or is a hybrid – is always a benefit," he said.

"In the past it used to be LPG vehicles. That system has carried over to EV and is definitely a great deal of assistance to responding crews."

Calls for education, training

Newer EVs must carry a blue label identifying the presence of a battery.

Lithium-ion battery fires release toxins such as carbon monoxide, hydrogen cyanide, hydrogen fluoride and cobalt.

Mr McConville said these toxins were particularly dangerous for firefighters because they were absorbed through the skin and clothing could not protect against them.

"[Carbon monoxide and hydrogen cyanide] both prevent the body using oxygen, and cyanide affects organs that rely on high levels of oxygen, such as the heart and the brain," he said.

"We've already had a situation in Victoria where two firefighters suffered cobalt poisoning after attending an EV fire, and have now been permanently disabled as a result.

"These toxins also present a major risk to other emergency services personnel, such as police and ambulance officers, bystanders and the broader community, and as such every possible measure must be undertaken to mitigate their impact."

Mr McConville said more needed to be done to keep Canberrans safe.

"This must involve education of the public on the associated risks, and additional training and resourcing of firefighters to manage these extremely challenging incidents," he said.

"Building regulations relating to the installation and location of BESSs and charging facilities must also be overhauled to address the risks and hazards of fire.

"Additionally, research must be undertaken on health impacts of lithium battery fires on firefighters, and new methods and equipment developed to mitigate potential poisoning by lethal toxins.

"This is a major emerging policy challenge, which, for the safety of the firefighters and the community, we urge Australia's governments to confront with the commitment that our members demonstrate every day."
At San Francisco expo, AI 'sorry' for destroying humanity

AFP
March 12, 2023

A new exhibition titled the Misalignment Museum opened in San Francisco on March 9, 2023, featuring funny and disturbing AI art works

San Francisco (AFP) - Advances in artificial intelligence are coming so hard and fast that a museum in San Francisco, the beating heart of the tech revolution, has imagined a memorial to the demise of humanity.

"Sorry for killing most of humanity person with smile cap and mustache," says a monitor welcoming a visitor to the "Misalignment Museum," a new exhibit on the controversial technology.

The pieces in this temporary show mix the disturbing with the comic, and this first display has AI disburse pithy observations to the visitors that cross into its line of vision.

"The concept of the museum is that we are in a post-apocalyptic world where artificial general intelligence has already destroyed most of humanity," said Audrey Kim, the show's curator.

"But then the AI realizes that was bad and creates a type of memorial to the human, so our show's tagline is 'sorry for killing most of humanity,'" she said.

Artificial General Intelligence is a concept that is even more nebulous than the simple AI that is cascading into everyday life, as seen in the fast emergence of apps such as ChatGPT or Bing's chatbot and all the hype surrounding them.

AGI is "artificial intelligence that is able to do anything that a human would be able to do," integrating human cognitive capacities into machines.

All around San Francisco, and down the peninsula in Silicon Valley, startups are hot on the trail of the AGI holy grail.

Sam Altman, the founder of ChatGPT creator OpenAI, has said AGI, done right, can "elevate humanity" and change the "limits of possibilities."
Paperclip AI

But Kim wants to trigger a reflection on the dangers of going too far, too quickly.

"There have been lots of conversations about the safety of AI in pretty niche intellectual tech circles on Twitter and I think that's very important," she said.

But those conversations are not as easily accessible to the general public as concepts that you can see or feel, she added.

Kim is particularly fond of a sculpture called "Paperclip Embrace": two busts of humans holding each other, made entirely of paperclips.

The work refers to a metaphor by philosopher Nick Bostrom, who in the 2000s imagined what would happen if artificial intelligence was programmed to create paper clips.

"It could become more and more powerful, and constantly optimize itself to achieve its one and only goal, to the point of destroying all of humanity in order to flood the world with paper clips," Kim said.

Weighing the pros and cons of AI is a subject that became close to Kim's heart in an earlier job working for Cruise, an autonomous vehicle company.

There she worked on an "incredible" technology, which "could reduce the number of accidents due to human error," but also presented risks, she said.

The exhibit occupies a small space in a street corner building in San Francisco's hip Mission neighborhood.

The lower floor of the exhibition is dedicated to AI as a nightmarish dystopia where a machine powered by GPT-3, the language model behind ChatGPT, composes spiteful calligrams against humanity, in cursive writing.

One exhibit is an AI-generated -- and totally fake -- dialogue between the philosopher Slavoj Zizek and the filmmaker Werner Herzog, two of Europe's most respected intellectuals.

This "Infinite Conversation" is a meditation on deep fakes: images, sound or video that aim to manipulate opinion by impersonating real people and that have become the latest disinformation weapon online.


"We only started this project five months ago, and yet many of the technologies presented here already seem almost primitive," Kim said, astonished.

She hopes to turn the exhibit into a permanent one with more space and more events.



"Museum of the future AI apocalypse" opens in San Francisco
BOING BOING
SUN MAR 12, 2023

The Misalignment Museum opened yesterday in San Francisco. The museum describes itself on its website this way:

The Misalignment Museum is an art installation with the purpose of increasing knowledge about Artificial General Intelligence (AGI) and its power for destruction and good. Our hope is to inspire and build support to formulate and enact risk mitigation measures we can take to ensure a positive future in the advent of AGI.

The development of AI (Artificial Intelligence) has dramatically accelerated scientific and technological advancement, and is rapidly bringing humanity to an unfamiliar future. As a society, we are becoming more beholden to interfacing with machines to operate and to make decisions that affect people's lives (e.g. computer aided decision-making in healthcare, criminal justice, lending). If this technology is not developed in alignment with human values and judgement, the advent of Artificial General Intelligence (AI that can understand or learn any intellectual task that a human-being can) could destabilize civilization and even lead to a destruction of humanity. It also has enormous potential to radically improve life and evolve civilization.

We are in a position to have a huge impact on the future of humanity through developing the technology and the appropriate safeguards against misaligned goals in artificial intelligence to harness its amazing possibilities. We hope to elevate public discourse and understanding of this powerful technology to inspire thoughtful collaboration, appropriate regulatory environment, and progress towards a hopeful, vibrant future.

On its opening day, WIRED published a great article about the museum, which author Khari Johnson describes as the "museum of the future AI apocalypse" and "a memorial to an imagined future in which artificial general intelligence kills most of humanity." Johnson explains the vision of the museum:

The Misalignment Museum imagines a future in which AI starts to take the route mapped out in countless science fiction films—becoming self-aware and setting about killing off humanity. Fortunately, in Kim's vision the algorithms self-correct and stop short of killing all people. Her museum, packed with artistic allegories about AI and art made with AI assistance, is presented as a memorial of humankind's future near-miss with extinction.

"It's weird, because it's such a terrifying topic, but it makes me happy people are interested," [exhibit curator Aubrey] Kim says from a coffee shop across the street. As we talk, we watch passersby peer into the gallery space—fittingly located eight blocks from the offices of OpenAI—that has a prominent "Sorry for killing most of humanity" sign along one wall.

Johnson further describes the exhibit:

The project started five months ago, shortly before ChatGPT sparked expectation in the tech industry and beyond that we are on the cusp of a wave of AI disruption and somehow closer to the nebulous concept of artificial general intelligence, or AGI. There's no consensus about the definition of AGI, but the museum calls it the ability to understand or learn any intellectual task that a human can.

Kim says the museum is meant to raise conversations about the destabilizing implications of supposedly intelligent technology. The collection is split across two floors, with more optimistic visions of our AI-infused upstairs, and dystopian ones on the lower level

AI is clearly one of today's hottest topics of debate, intrigue, praise, and fear. This exhibit sounds terrific, and I'd love to get to San Francisco to see it. If you're in the area and want to check it out, the temporary exhibit is funded until May, 2023, and is located at 201 Guerrero St, San Francisco, CA 94103-2312. You can find out more at their website and on their socials.

AI SHOW IN SAN FRANSISCO; MISALIGNED MUSEUM


U.S. Chamber of Commerce calls for AI regulation
TIE THEM UP IN RED TAPE

Reuters
March 09, 2023



WASHINGTON (Reuters) - The U.S. Chamber of Commerce on Thursday called for regulation of artificial intelligence technology to ensure it does not hurt growth or become a national security risk, a departure from the business lobbying group's typical anti-regulatory stance.

While there is little in terms of proposed legislation for AI, the fast-growing artificial intelligence program ChatGPT that has drawn praise for its ability to write answers quickly to a wide range of queries has raised U.S. lawmakers' concerns about its impact on national security and education.

The Chamber report argues policymakers and business leaders must quickly ramp up their efforts to establish a "risk-based regulatory framework" that will ensure AI is deployed responsibly.

It added that AI is projected to add $13 trillion to global economic growth by 2030 and that it has made important contributions such as easing hospital nursing shortages and mapping wildfires to speed emergency management officials' response. The report emphasized the need to be ready for the technology's looming ubiquity and potential dangers.

The report asserts that within 20 years, "virtually every" business and government agency will use AI.

A product of a commission on artificial intelligence that the Chamber established last year, the report is in part a recognition of the critical role the business community will play in the deployment and management of AI, the Chamber said.

Even as it calls for more regulation, the Chamber is careful to caveat that there may be broad exceptions to how regulation is applied.

"Rather than trying to develop a one size-fits-all regulatory framework, this approach to AI regulation allows for the development of flexible, industry-specific guidance and best practices," the report says.

(Reporting by Suzanne Smalley; Editing by Aurora Ellis)
The company testing air in East Palestine homes was hired by Norfolk Southern — but experts say that testing isn’t enough

ProPublica
March 12, 2023

Aerial view of the train derailment wreckage in East Palestine. (Screenshot from NTSB B-roll recorded Feb. 5, 2023)

Last month, Brenda Foster stood on the railroad tracks at the edge of her yard in East Palestine, Ohio, and watched a smoky inferno billow from the wreckage of a derailed train. The chemicals it was carrying — and the fire that consumed them — were so toxic that the entire area had to evacuate. Foster packed up her 87-year-old mother, and they fled to stay with relatives.

With a headache, sore throat, burning eyes and a cough, Foster returned home five days later — as soon as authorities allowed. So when she saw on TV that there was a hotline for residents with health concerns, she dialed as soon as the number popped up on the screen.

The people who arrived offered to test the air inside her home for free. She was so eager to learn the results, she didn’t look closely at the paper they asked her to sign. Within minutes of taking measurements with a hand-held machine, one of them told her they hadn’t detected any harmful chemicals. Foster moved her mother back the same day.

What she didn’t realize is that the page of test results that put her mind at ease didn’t come from the government or an independent watchdog. CTEH, the contractor that provided them, was hired by Norfolk Southern, the operator of the freight train that derailed.

And, according to several independent experts consulted by ProPublica in collaboration with the Guardian, the air testing results did not prove their homes were truly safe. Erin Haynes, a professor of environmental health at the University of Kentucky, said the air tests were inadequate in two ways: They were not designed to detect the full range of dangerous chemicals the derailment may have unleashed, and they did not sample the air long enough to accurately capture the levels of chemicals they were testing for.

“It’s almost like if you want to find nothing, you run in and run out,” Haynes said.

About a quarter century ago, the Center for Toxicology and Environmental Health was founded by four scientists who all had done consulting work for tobacco companies or lawyers defending them. Now known by its acronym, CTEH quickly became a go-to contractor for corporations responsible for industrial disasters. Its bread and butter is train crashes and derailments. The company has been accused repeatedlyof downplaying health risks.

In since-deleted marketing on its website, CTEH once explained how the data it gathers about toxic chemicals can be used later to shield its clients from liability in cases brought by people who say they were harmed: “A carrier of chemicals may be subjected to legal claims as a result of a real or imagined release. Should this happen, appropriate meteorological and chemical data, recorded and saved ... may be presented as powerful evidence to assist in the litigation or potentially preclude litigation.”

Despite this track record, this company has been put in charge of allaying residents’ concerns about health risks and has publicly presented a rosy assessment.

It was CTEH, not the Environmental Protection Agency, that designed the testing protocol for the indoor air tests.

And it is CTEH, not the government, that runs the hotline residents are directed to call with concerns about odors, fumes or health problems. Local and federal officials, including the EPA, funnel the scared and sick to company representatives.

In a statement, Paul Nony, CTEH’s principal toxicologist and senior vice president, said the company has responded to thousands of incidents, and its environmental monitoring and sampling follows plans approved and directed by the incident commanders of each response. “Our highly skilled, certified specialists include Ph.D. toxicologists, masters in public health, industrial hygienists and safety professionals, as well as hazardous materials and registered environmental managers,” he wrote.

He added that CTEH has been “working side-by-side” with the EPA in East Palestine “and comparing data collected in the community and in people’s homes to ensure that we are all working with the most accurate data.” Hotline callers receive information, Nony wrote, that is “based on the latest data collected by CTEH and EPA, vetted together to ensure the accuracy of the public health information provided.”

The circumstances of the testing are unclear. The EPA said its representatives have, indeed, accompanied CTEH to residents’ homes, overseen the company’s indoor air tests and performed side-by-side testing with their own equipment. But some residents told ProPublica that even though multiple people came to their doors, only one person had measuring equipment. An agency spokesperson said CTEH’s testing protocol “was reviewed and commented on by EPA and state and federal health agencies.”

Stephen Lester, a toxicologist who has helped communities respond to environmental crises since the Love Canal disaster in upstate New York in the 1970s, said he was concerned about Norfolk Southern’s role in deciding how environmental testing is done in East Palestine. “The company is responsible for the costs of cleaning up this accident,” Lester said. “And if they limit the extent of how we understand its impact, their liability will be less.”

An EPA spokesperson said that the federal blueprint for responding to such emergencies requires responsible parties, in this case Norfolk Southern, to do the work — not just pay for it. But the agency has the authority to perform or require its own testing.

The relationship between CTEH and Norfolk Southern wasn’t clear to several residents ProPublica interviewed. Before testing begins, people are asked to sign a form authorizing the “Monitoring Team,” which the document says includes Norfolk Southern, “its contractors, environmental professionals, including CTEH LLC, and assisting local, state, and federal agencies.” An earlier version of the form included a confusing sentence that suggested that whoever signed was waiving their right to sue. Norfolk Southern said that was a mistake and pulled those forms.

In a written response to questions, Norfolk Southern said it “has been transparent about representing CTEH as a contractor for Norfolk Southern from day one of our response to the incident.” The company also pointed to a map on its website displaying CTEH’s outdoor air-monitoring results that says “Client: Norfolk Southern” in tiny type in the corner. “We are committed to working with the community and the EPA to do what is right for the residents of East Palestine,” a Norfolk Southern spokesperson wrote in an email.

When told by a reporter that the contractor, CTEH, was hired by the rail company, Foster’s face fell. “I had no clue,” she said. Looking back, she said, the people who came to her door never said anything about Norfolk Southern. They didn’t give her a copy of the paper that she had signed.

Before the derailment, East Palestine offered its 4,700 residents some of the best in small-town life. Its streets are lined with trees and charming houses. After school, kids played in the street, in the well-maintained park or in its affordable swimming pool. At Sprinklz on Top, a diner in the center of town, you can get a full dinner for less than $10.

Everything changed after the Feb. 3 derailment and the subsequent decision to purposefully ignite the chemicals, sending a toxic mushroom cloud over the town. Dead fish floated in local waterways, and “Pray for EP” signs appeared in many windows. Furniture is piled up on the curbs. Foster said some of her neighbors are replacing theirs because of concerns about contamination. But the 57-year-old, who works shifts painting firebrick, says she doesn’t have the money to do that. So she has come up with a solution she hopes will reduce her exposure: She sits in a single chair.
Tests May Miss Some Dangers

From the earliest days of the disaster, CTEH’s work has been at the center of the rail company’s reassuring messages about safety. Norfolk Southern’s “Making it Right” website cites CTEH data when stating that local air and drinking water are safe. (An EPA spokesperson said the agency has not “signed off” on any of Norfolk Southern’s statements “with regard to health risks based on results of sampling.”)

A video posted on Norfolk Southern’s YouTube account shows footage of a man in a CTEH baseball cap looking carefully at testing machinery. “All of our air monitoring and sampling data collectively do not indicate any short- or long-term risks,” a CTEH toxicologist says.

According to the EPA, CTEH’s indoor air testing in East Palestine consists of a one-time measurement of what is known as volatile organic compounds, or VOCs. These airborne chemicals can cause dizziness and nausea, and, over the long term, some VOCs can cause cancer. Vinyl chloride, a VOC that was carried by the derailed train and later ignited, can cause dizziness and headachesand increase the incidence of a rare form of liver cancer, according to the EPA. The machine that CTEH uses in East Palestine captures VOCs if they’re above 0.1 parts per million, but it doesn’t say which specific compounds are present.

CTEH said that when VOCs are detected, the company then tests for vinyl chloride. According to the EPA, the indoor testing has detected VOCs in 108 buildings before Feb. 21 and 12 buildings after that. Follow-up tests found no vinyl chloride, according to CTEH and the EPA. CTEH’s Nony said, “CTEH has not considered conducting long-term VOC air sampling in the homes because real-time air monitoring results do not indicate a significant impact of VOCs related to the derailment in the homes.”

But five experts on the health effects of chemicals consulted for this story said that the failure to detect VOCs should not be interpreted to mean that people’s homes are necessarily safe.

“VOCs are not the only chemicals that could have been in the air,” said Haynes, the environmental health professor. Haynes also said that because the testing was a snapshot — as opposed to an assessment made over several days — it would not be expected to detect VOCs at most household levels.

Many of the toxic chemicals that were airborne in the early days after the derailment, including pollutants that can cause cancer and other serious problems, may have settled out of the air and onto furniture and into crevices in houses, Haynes said. So she also recommended testing surfaces for compounds that could have been created by the burning of vinyl chloride, such as aromatic hydrocarbons, including the carcinogen benzene. Young children who play on the floor are especially vulnerable, Haynes added.

Even a week after the derailment, Haynes said VOCs likely would have dissipated. “To keep the focus on the air is almost smoke and mirrors,” she said. “Like, ‘Hey, the air is fine!’ Of course it’s going to be fine. Now you should be looking for where those chemicals went. They did not disappear. They are still in the environment.”

In addition, Dr. Ted Schettler, science director at the Science and Environmental Health Network, noted that some VOCs can cause symptoms at levels below 0.1 parts per million, which CTEH’s tests wouldn’t capture. Schettler gave the example of butyl acrylate, one of the chemicals that was carried by the derailed train. “The symptoms are irritation of the eyes and throats, headaches and nausea,” he said.

In its statement, Nony acknowledged that some homes in East Palestine had the odor of butyl acrylate, but he said that “current testing results do not indicate levels that would be associated with health effects.”

Health experts are particularly concerned about dioxins in East Palestine because the compounds can cause health problems, including cancer. The combustion of vinyl chloride and polyvinyl chloride, two of the chemicals that were on the train and burned after it derailed, have been known to produce dioxins.

But, in his statement, Nony dismissed the idea that the incident could have created dioxins “at a significant concentration” and said testing for the compounds was unwarranted. The company based that assessment on air monitoring it did with the EPA when the chemicals were purposefully set on fire; they were looking for two other chemicals that are produced by burning vinyl chloride.

Last week, the EPA said it would require Norfolk Southern to test for dioxins in the soil in East Palestine. And the agency has since released a plan for soil sampling to be carried out by another Norfolk Southern contractor. But some are arguing that the EPA should do the testing itself — and should have done it much earlier.
Results Used to Deny Relief

The results of CTEH’s tests in East Palestine were used at one point to deny a family’s reimbursement for hotel and relocation costs. Zsuzsa Gyenes, who lives about a mile from the derailment site, said she began to feel ill a few hours after the accident. “It felt like my brain was smacking into my skull. I got very disoriented, nauseous. And my skin started tingling,” she said. Her 9-year-old son also became sick. “He was projectile puking and shaking violently,” said Gyenes, who was especially concerned about his breathing because he has been hospitalized several times for asthma. “He was gasping for air.”

Gyenes, her partner and son left for a hotel. At first, Norfolk Southern reimbursed the family for the stay, food and other expenses. The company even covered the cost of a remote-controlled car that Gyenes bought to cheer up her son, who was devastated because he was unable to attend school and missed the Valentine’s Day party.

But the reimbursements stopped after Gyenes got her air tested by CTEH. Gyenes was handed a piece of paper with a CTEH logo showing that the company did not detect any VOCs.

The next time Gyenes brought her receipts to the emergency assistance center, she said she was told that no expenses incurred after her air had been tested would be reimbursed because the air was safe.

A post office clerk, Gyenes described her financial situation as “bleeding out.” Nevertheless, she continued to foot the hotel bill. “I still feel sick every time I go back into town,” she said.

When she called the hotline, she got upset when she said a CTEH toxicologist told her that there was no way her headache, chest pain, tingling or nausea could be related to the derailment.

ProPublica asked Norfolk Southern about Gyenes’ situation. A spokesperson said the company reimbursed her $5,000, including some lodging and food expenses, after the initial air tests even though the company said her home is outside the evacuation zone. It noted that Gyenes used “abusive language” when questioning the toxicologist. (Gyenes acknowledged that she called her a “liar.”)

Norfolk Southern said it is working with local and federal authorities to arrange another test of the air in her home. “We’ll continue to work with every affected community member toward being comfortable back in their homes, including this resident,” a Norfolk Southern spokesperson said in an email.

After ProPublica asked about the family, Norfolk Southern restarted payments.

On Wednesday, when Gyenes returned to the emergency assistance center, she said that she was given $1,000 on a prepaid card to cover lodging, food and gas.
Republicans 'no longer hiding' behind 'fundamental lie'
Travis Gettys
March 10, 2023

Abortion rights activists took to the streets in protest in Miami, Florida, following the US Supreme Court's decision to overturn Roe v Wade on Friday, June 24, 2022. © Chandan Khanna, AFP

A slate of new anti-abortion laws proposed by Republican state legislators has exposed the "fundamental lie" behind their opposition to reproductive rights, according to a report.

GOP legislators in several states have introduced bills that would set homicide and other criminal charges for seeking abortion care and, while it's unlikely that all of those bills would pass, their proliferation reveals an intention that was always lurking behind the anti-choice movement, reported The Guardian.

“This exposes a fundamental lie of the anti-abortion movement, that they oppose the criminalization of the pregnant person,” said Dana Sussman, the acting executive director of Pregnancy Justice. “They are no longer hiding behind that rhetoric.”

Some major anti-abortion organizations, including Students for Life of America and Susan B Anthony Pro-Life America, made clear they don't support those bills, but reproductive rights activists say criminalizing abortion has always been a goal of the most ardent opponents.

“What we’re seeing, post-Dobbs, is a splintering in tactics that abortion opponents are using, and emboldening on the part of more hardline [factions]," said Farah Diaz-Tello, senior counsel and legal director at If/When/How. “That has always been an undercurrent. As we see other abortion opponents declaring their opposition to criminalization of people who end their pregnancies, this is the opportunity for them to really step up and put those principles into action.”

Bills in some states target abortion medications, and a proposed bill in Alabama would establish fetal personhood from conception and repeal a current prohibition against homicide charges for abortion, which reproductive rights activists say could open the door to battery and assault charges against pregnant people for endangering a fetus.

“It never starts or stops with abortion,” Sussman said. “That means that not getting prenatal care, not taking pre-natal vitamins, working a job that is physically demanding – all of those things could impose some risk to the fetus – and that could be a child neglect or child abuse case.”
Former Trump official working for Fox at the center of keeping election lies alive
Tom Boggioni
March 12, 2023

Raj Shah (Photo via AFP)

As Dominion Voting System's $1.6 billion defamation lawsuit heads to court, a former Donald Trump White House insider now working for Fox will be scrutinized over his role in keeping election conspiracy lies on-air despite knowing better.

According to a report from the Washington Post, former White House Deputy Press Secretary and Deputy Assistant to the President, Raj Shah features prominently in the texts and emails exchanged between Fox executives as advocates for the former president were attacking Dominion and the Fox News on-air talent kept those lies alive.

In one notable exchange, Shah criticized former New York City Mayor Rudy Giuliani after an appearance claiming election fraud by texting to an associate, "This sounds SO F------ CRAZY btw," before commenting that Giuliani -- with hair-dye trickling down his face, "objectively looks like he was a dead person voting 2 weeks ago.”

As the Post reports, "But Shah’s job at Fox was to protect the company’s brand, then under pressure from Trump allies who wanted to push Giuliani’s wild claims of a stolen election and who were abandoning the network for more hard-line options like Newsmax and One America News. So when a Fox News reporter went live on air just after Giuliani’s news conference concluded and declared that some of what the president’s lawyer had said was 'simply not true,' Shah reacted with alarm."

RELATED: Fox News faces potential 'financial death penalty' due to Dominion lawsuit

In a text to an aide, Shah instructed, "This is the kinda s--- that will kill us. We cover it wall to wall and then we burn that down with all the skepticism.”

According to the report, Shah ended up at Fox after being recommended by Trump aide Hope Hicks, who also took a job at the network, and his job entailed monitoring "problems — negative stories, online threats, rising criticism — that could affect the company’s bottom line and orchestrate ways to defend the hosts and the network."

In one telling exchange, Shah asked top executives at Fox about apologizing for the network's election decision desk calling Arizona for Joe Biden on election night 2020 which caused the Trump White House to come unglued and left Fox viewers furious.

RELATED: Maria Bartiromo may have placed Fox in more peril than other network personalities — here's why

“'Want to ask, even though it seems impossible, but is the idea of some sort of public mea culpa for the AZ call completely and totally out of the realm? Or some programming that’s focused on hearing our viewers (sic) grievances about how we’ve handled the election?' Shah inquired on Nov. 10 of his bosses, Fox Corp. co-chair Lachlan Murdoch, Fox News CEO Suzanne Scott and Viet Dinh, the company’s chief legal and policy officer," the Post is reporting before adding, "Shah’s proposal was rejected on grounds that it would spark dissension between the network’s news and opinion employees, a narrative Fox could ill afford while already under fire."

You can read more here.

US Supreme Court to consider violation of religious liberty

Gerald Groff, an evangelical Christian, says he was denied an accommodation to observe his Sunday Sabbath


Police officers stand in front of the U.S. Supreme Court during the 50th annual March for Life rally on Jan. 20 in Washington, DC.


By Kate Scanlon, OSV News
Published: March 04, 2023

The U.S. Supreme Court is scheduled to consider a case April 18 that could have broad implications for employees seeking religious accommodations from their employers.

The high court is scheduled to hear oral arguments in Groff v. DeJoy, a case concerning Gerald Groff, an evangelical Christian and former U.S. Postal Service worker, who was denied an accommodation to observe his Sunday Sabbath by not taking Sunday shifts.

Federal law prohibits employers from firing employees for who request religious accommodations unless the employer can show that the worker's religious practice cannot be "reasonably" accommodated without "undue hardship." The Supreme Court issued a 1977 decision in Trans World Airlines v. Hardison finding that the "undue hardship" standard is met even at a minimal cost.

Groff alleged in federal court that USPS failed to provide him with reasonable accommodations for his religious practices. The U.S. Court of Appeals for the 3rd Circuit ruled in favor of USPS, arguing the post office would face "undue hardship" by accommodating Groff's request to excuse him from Sunday shifts.

But the U.S. Supreme Court agreed earlier this year to take up the case.

Randy Wenger, chief counsel of the Independence Law Center, a group representing Groff, told OSV News that Groff "has a very strong conviction about Sunday being the Lord's Day," which caused him to seek employment at a place that was closed on Sundays.

"In a pluralistic society, it's really important to be able to find those ways to accommodate so that we can all work together effectively," he said.

Wenger said when the post office reached an agreement to deliver some Amazon packages on Sundays, Groff sought accommodations to not work those shifts. He was initially accommodated, then disciplined for his refusal to work Sundays. He later resigned to avoid violating his convictions.

"If we're committed to protecting religious conscience, we need to make sure employees don't lose their jobs for following their faith," Wegner said. "It's kind of like freedom of speech, you might not like what somebody has to say, but their ability to say what they say helps you say what you want to say."

In a court filing, attorneys for USPS argued that "simply skipping (Groff) in the rotation for Sunday work would have violated both a collectively bargained (memorandum of understanding) and a specific settlement." USPS attorneys added the accommodation would have created "morale problems" among his colleagues.

Mark Rienzi, president and CEO of Becket, a religious liberty law firm that has filed a friend-of-the-court brief in the case, told OSV News the Supreme Court's previous ruling on the minimum standard in Hardison is not in keeping with the intention of the federal law.

"So essentially, if it costs the employer anything at all to accommodate, the employer doesn't have to accommodate," he said of the previous ruling. "The whole point of the law was to actually protect the employees unless it was some real hardship on the employer. And instead of requiring hardship, what the court said was actually it doesn't really have to be a hardship."

Rienzi said he is optimistic the court will fix its previous interpretation.

"I strongly suspect they're going to fix it and acknowledge it made no sense," he said.

ADL, AJC join in US Supreme Court case on workplace religious protections

Orthodox Jewish groups are already supporting the case of an evangelical postal worker who wants Sundays off, saying workplaces that don’t respect religious freedom affect Jews

WASHINGTON (JTA) — Two leading Jewish civil rights organizations are part of a coalition of groups asking the US Supreme Court to uphold protections for religious observance in the workplace in a case that has already drawn support from Orthodox Jews.

The Anti-Defamation League and the American Jewish Committee each joined separate amicus briefs this week in Groff v. DeJoy, on behalf of an evangelical Christian postal worker whose case requesting to get Sundays off is under consideration by the court.

Orthodox groups have been backing Gerald Groff since last year when he was endeavoring to get the Supreme Court to consider the case. The court took up his case in January.

The pairing of both secular groups with the Orthodox in a religious freedom case is rare — they have frequently been on opposite sides on church-state separation issues such as same-sex marriage or government funding for religious education — but the right of religious expression in the workplace has long been a unifying cause across the Jewish spectrum.

The litigant in this particular case wants Sundays off, but the AJC explained in a statement that in workplaces that refuse to grant a day off for religious observance, half of the adversely affected employees take Saturday as a day of rest, among them observant Jews.

“Contrary to established law, religious discrimination remains a feature of the American workplace,” the AJC’s statement said.

Groff is a Pennsylvania mailman who sought accommodations after the US Postal Service started Sunday deliveries on behalf of Amazon in 2013. At first, Groff was able to work around Sunday deliveries, but as demand for the service grew, USPS disciplined him for declining Sunday shifts. He quit and sued. (Louis DeJoy, named in the case, is the postmaster general.)

A 1972 amendment to the 1964 Civil Rights Act guarantees freedom from discrimination based on religion, as long as employers would not face “undue hardship.” But Congress did not define that term.

Supporters of Groff see the case as a chance to overturn a key precedent established in Trans World Airlines v. Hardison, the 1977 Supreme Court decision that ruled for the airline over a member of a Christian sect who sought Saturdays off, rejecting three possible accommodations posited by a lower court as “undue hardships.” The possible accommodations involved allowing the employee a four-day work week; paying other employees overtime to fill his shift; or allowing the employee to leapfrog more senior employees in seeking Saturdays off.

Religious groups have long argued that the court’s rejection of those accommodations essentially made the 1972 amendment meaningless. Lower courts have ruled against Groff in this case, citing the 1977 Supreme Court decision.

The ADL said the case was a matter of fairness.

“People of faith will forever be unable to participate fully in society if they are forced to choose between their religion and earning a living,” ADL CEO Jonathan Greenblatt said in a statement.

 THE SUPREME COURT OF CANADA RULED ON THIS ALREADY AND WE HAVE A LAW NOW OF 'DUTY TO ACCOMODATE' BASED ON A CASE OF A SEVENTH DAY ADVENTIST WANTING A RELIGIOUS DAY OFF.

Duty to accommodate

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Under the Code, employers and unions, housing providers and service providers have a legal duty to accommodate the needs of people with disabilities who are adversely affected by a requirement, rule or standard. Accommodation is necessary to ensure that people with disabilities have equal opportunities, access and benefits. Employment, housing, services and facilities should be designed inclusively and must be adapted to accommodate the needs of a person with a disability in a way that promotes integration and full participation.

In the context of employment, the Supreme Court of Canada has described the goals and purposes of accommodation:

... the goal of accommodation is to ensure that an employee who is able to work can do so. In practice, this means that the employer must accommodate the employee in a way that, while not causing the employer undue hardship, will ensure that the employee can work. The purpose of the duty to accommodate is to ensure that persons who are otherwise fit to work are not unfairly excluded where working conditions can be adjusted without undue hardship.

https://www.canlii.org/en/commentary/doc/1997CanLIIDocs405

Section 8 of the Act, like many other human rights codes, prohibits discrimination against a person with respect to employment or any term or condition of ...


Justices aren't above the law: Pass the Supreme Court Ethics, Recusal, and Transparency Act


Erin Tulley for Daily Kos Activism
Daily Kos Staff
Friday March 03, 2023 · 


Public approval of the U.S. Supreme Court is extremely low. Justices’ failure to avoid conflicts of interest and inability to investigate themselves further undermines public trust in the court at a time when its legitimacy is already a matter of significant public debate.

Recently, we learned that the investigation into the leak of the court’s decision to overturn Roe v. Wade in Dobbs v. Jackson Women’s Health Organization did not include any real investigation into the Supreme Court justices themselves. And we have witnessed and continue to witness many, many examples of conflicts of interest undermining public trust.

Every federal judge in this country—except the nine justices of the Supreme Court—is bound by a code of ethics that prevents blatant conflicts of interest. It’s time to boost the transparency and accountability of the Supreme Court.


Sign the petition to Congress: Pass the Supreme Court Ethics, Recusal, and Transparency Act.


Recently, Chief Justice Roberts’ conflicts of interest arose via his wife’s work, which Roberts conveniently failed to disclose. Jane Roberts’ recruiting work placed lawyers involved firms with business before the court, and, surprise surprise, the chief justice did not properly recuse himself from impacted cases.

RELATED STORY: Drip, drip, drip: The Supreme Court’s legitimacy is eroding by the day

And how can we forget Justice Clarence and Ginni Thomas? Ginni Thomas advocated for the overthrow of the government. Meanwhile, Justice Thomas continued to rule on SCOTUS cases that directly impacted the insurrection aftermath, including Donald Trump’s attempt to block the Jan. 6 select committee from getting White House documents. In fact, Thomas was the only justice to dissent in that case. SUSPECT

Supreme Court justices must be held accountable for flouting the ethical rules that apply to every other judge in the country. We must restore public trust, transparency, and accountability in the U.S. Supreme Court.

The Supreme Court Ethics, Recusal, and Transparency Act, recently re-introduced in Congress, would directly address accountability and transparency at the Supreme Court. This legislation would require the creation of a code of ethical conduct for the U.S. Supreme Court and the appointment of an Ethics Investigations Counsel, as well as require justices to publicly disclose recusal decisions.

We are calling on Congress to pass the Supreme Court Ethics, Recusal, and Transparency Act and try to begin to salvage the distrusted SCOTUS.