Battle over California fire insurance policies intensifies

US LIBERTARIANS WANT TO REPLACE GOVT WITH INSURANCE CO.'S

Thu., October 14, 2021


SACRAMENTO, Calif. (AP) — Massive wildfires are making it harder for some California homeowners to get property insurance, pitting the state's insurance commissioner against the industry in an escalating conflict that will likely stretch into 2022's statewide elections.

Private insurance companies often won't sell policies to people who live in wildfire-prone areas because the risk is too great. When this happens, state law requires these companies to pool their money to provide coverage for people who can't buy policies because of where they live.

That pool — the California Fair Access to Insurance Requirements Plan — only sells fire insurance, often forcing homeowners to buy a separate policy for things like liability. Insurance Commissioner Ricardo Lara, a Democrat, has ordered the pool, also known as the FAIR Plan, to sell more than just fire insurance. He says this will save homeowners the money and hassle of having to buy multiple plans.

But the companies that fund the FAIR Plan say that's not true, arguing Lara's order will increase costs for consumers. They say his order is “illegal” because it would put them in direct competition with the private insurance market. Thursday, they asked a judge to block Lara's order while they appeal a lower court's decision from earlier this year that directed them to comply.

“The FAIR Plan was never meant to compete with traditional insurance carriers that already provide these coverage options," FAIR Plan president Anneliese Jivan said, adding she hopes to “protect consumers from unnecessary rate increases.”

Lara accused the insurance industry of “once again putting its profits ahead of the needs of California consumers.”

“Forcing its policyholders to purchase separate insurance policies for liability and contents, often from the very same insurance companies who dropped their coverage in the first place, only drives up the price for consumers,” said Lara, who will be up for reelection next year. “The FAIR Plan's purpose is to take all comers. I believe it is falling short of its purpose and mission to be there for consumers when they need it most.”

Since 2018, California has had more than 32,700 wildfires that destroyed more than 38,400 structures and burned more than 13,220 square miles (34,239 square kilometers), according to the California Department of Forestry and Fire Protection. From 2015 to 2019, state data shows insurance companies declined to renew nearly 350,000 policies in areas at high risk for wildfires. That data does not include information on how many people were able to find coverage elsewhere or at what price.

California’s FAIR Plan was established in 1968, one of many such pools that sprung up across the nation following damage from urban uprisings during the civil rights movement. As of 2020, 31 states plus the District of Columbia offer FAIR Plans, according to the Insurance Information Institute.

Lara has been trying to get California's FAIR Plan to sell more comprehensive coverage since 2019. Back then, he ordered the pool to sell traditional home insurance policies that cover a range of losses other than fires.

In July, a judge ruled Lara had authority to order the FAIR Plan to sell insurance policies that also covered liability, but only if the liability is related to the property itself. Liability coverage is when someone gets injured on the property and it’s the homeowners’ fault.

The FAIR Plan says even if it starts selling these modified insurance plans, that still won't be enough to cover everything that is included in a traditional homeowner's policy. That means homeowners would still have to buy a second insurance plan for full coverage.

“Commissioner Lara is trying to place an even bigger burden on property owners by forcing the FAIR Plan to provide high-cost comprehensive policies, rather than trusting in Californians to secure the best deal on the coverages they need through available products in the voluntary insurance market,” said Spencer Kook, the FAIR Plan's attorney.

Adam Beam, The Associated Press

REMEMBER PATCO

Chicago Mayor Stands by Vaccine Order Amid Police Union Standoff

Shruti Date Singh
Thu., October 14, 2021



(Bloomberg) -- Chicago Mayor Lori Lightfoot on Thursday stood by a mandate requiring city employees to submit their Covid-19 vaccination status by Friday, extending her standoff with the police union head who has told officers not to follow the requirement.

The city is requiring that employees report their vaccination status by Friday and those who don’t will be placed in a non-disciplinary, no-pay status, according to an emailed statement from the mayor’s office on Oct. 8. John Catanzara Jr., the president of Fraternal Order of Police Chicago Lodge #7, has urged members not to report their vaccination status on the city’s employee portal. He said this week that the union was considering legal action to stop the mandate.

Lightfoot, flanked by several leaders of city departments, said during a press conference Thursday that she’s not afraid of lawsuits because the city has the law on its side. She and officials from the police department on Thursday also said they are not concerned about a shortage of police officers or public safety for this weekend following the reporting deadline. The city does have contingency plans and could turn to the state police and other resources if needed, she said. Lightfoot declined to provide further details. Catanzara has suggested that the police department may not be fully staffed given the reporting requirement.

“Our workers are either in communities directly interacting with our residents or helping residents and working alongside their co-workers,” Lightfoot told reporters. “The health of our city workers directly impacts the health of everyone that they interact with, and I believe in leading by example.”

LA REVUE GAUCHE - Left Comment: Search results for FOP 

The pushback from the police union comes even after the city extended its vaccination deadline. The clash in Chicago is among several playing out nationally between employers and workers over getting the jabs as well as reporting what some argue is private, medical information.

This vaccine policy is about saving lives, Lightfoot said, noting the efficacy Covid-19 vaccines have shown in preventing hospitalizations and deaths. The city’s vaccination numbers will be released next week.

In August, the city said employees would need to receive a shot by Oct. 15, but last week extended that deadline to Dec. 31 and said regular testing would be required through the end of the year for those who are not vaccinated by Oct. 15. The requirements apply to anyone who doesn’t have a medical or religious exemption. Employees have to do the tests on their own time and at their own expense, according to the city.

The Fraternal Order of Police on its website had provided forms for members to fill out to seek religious, conscientious and medical exemption.

“Hold the line,” Catanzara said in a video posted on the union’s website earlier this week.

Dozens of US nuclear lab workers sue over vaccine mandate

Thu., October 14, 2021



ALBUQUERQUE, N.M. (AP) — Workers at one of the nation’s premier nuclear weapons laboratories face a deadline Friday — be vaccinated or prepare to be fired.

A total of 114 workers at Los Alamos National Laboratory — the birthplace of the atomic bomb — are suing over the mandate, saying exemptions have been unduly denied and their constitutional rights are being violated by Triad National Security LLC, the contractor that runs the lab for the U.S. Department of Energy.

It will be up to a state district judge whether to grant an injunction to prevent employees from being fired while the merits of the case are decided. A hearing was underway Thursday.

The lawsuit alleges that lab management has been harassing employees and has created a hostile work environment. The complaint outlines the experiences of many of the workers, including one who was screamed at for not being vaccinated and was told by a fellow crew member that he and his family deserved to die.

The lab has declined to comment on the lawsuit and has not answered questions about the current vaccination rate among employees, whether any exemptions have been approved or what will happen to employees who refuse to be inoculated when Friday rolls around.

The plaintiffs include scientists, nuclear engineers, project managers, research technicians and others who have some of the highest security clearances in the nation for the work they do. Some employees said many of those who could lose their jobs are specialists in their fields and would be difficult to replace in the short term.

Some of the employees who are part of the lawsuit have worked for Los Alamos lab for decades, while others are newer hires who have relocated to New Mexico from other states and countries. Thirty-four of them are named in the lawsuit and 80 have opted to remain anonymous, citing fears of retaliation.

While the lab said last week that more than 96% of workers had at least one shot, it’s not known yet how many have received a second dose. Some workers have estimated that the percentage of those fully vaccinated by Friday will be lower.

Some employees have estimated the lab could lose anywhere from 4% to 10% of the workforce because of the mandate.

“In any organization there are people, not always recognized, who quietly make the work of others possible. Lose them, and you are in trouble,” said Greg Mello of the Los Alamos Study Group, a watchdog group that has been monitoring lab activities for years.

The lab currently employs nearly 14,000 and is among the largest employers in New Mexico. It's also located in a county that is among the most affluent in the U.S. because of its high population of Ph.Ds.

Attorney Jonathan Diener, who is representing the workers in their lawsuit, said the case includes a wealth of scientific information to consider, but he was hopeful the judge would make a decision soon because people's lives stand to be upended.

The lawsuit cites statements made over the last year by top officials in the U.S. and with the World Health Organization in which they noted that there is more to be learned about how the vaccines reduce infection and how effective they are when it comes to preventing infected people from passing it on.

“The fact that the vaccines have only been shown to reduce symptoms of the recipient and not prevent infection or transmission is a fact extremely important to plaintiffs' claims," the lawsuit states.

Since the lab's vaccination rate already is thought to be high, Mello said forcing the few holdouts to get shots would make no epidemiological difference.

“If LANL doesn’t have herd immunity at this point, there is no basis for the mandate. LANL is not being scientific," he said.

Some of the workers have raised similar arguments, saying the high degree of scrutiny that is required of them when working with nuclear weapons or other high-level projects is not being applied on the vaccine front despite the lab's extensive modeling work for the state on spread and other COVID-19 related trends.

Lab Director Thomas Mason has said the pandemic has had a serious impact on the lab, citing higher numbers of COVID-19 cases in unvaccinated employees. However, employees who are pushing back said the cases among the unvaccinated would naturally be higher because the lab had removed vaccinated employees from its regular testing pool.

At Sandia National Laboratories, based in Albuquerque, all employees and subcontractors must be fully vaccinated by Dec. 8 or file for an exemption by Friday. Lab managers made COVID-19 vaccinations mandatory for new hires on Sept. 13.

So far, more than 88% of Sandia employees, interns, post-doctoral staffers and contractors at sites in New Mexico and California are fully vaccinated.

In New Mexico, nearly 72% of people 18 and over are fully vaccinated. That percentage hasn't moved much in recent weeks as more people are pushing back against the vaccines.

Susan Montoya Bryan, The Associated Press

Asia’s Coal Mining Revival Doesn’t Mean the Energy Crisis Is Over

WHY AUSSIE MINERS ARE EXPANDING INTO ALBERTA COAL FIELDS



Dan Murtaugh and Rajesh Kumar Singh
Thu., October 14, 2021

(Bloomberg) -- A crunch on coal production from key hubs in China and India is beginning to ease, but that won’t be enough to halt Asia’s energy crisis.

Major industries in the region, including steelmakers to chemical producers, are expected to continue to face power disruptions through the winter, as fuel supply remains tight and as governments prioritize heating demand from households.

Coal India Ltd., the world’s top miner of the commodity, has temporarily stopped deliveries to all consumers in the country other than power stations, even as it boosts deliveries from mines.

“Markets may barely get by this winter on supply,” said Natalie Biggs, head of thermal coal research for Wood Mackenzie Ltd. “If we experience colder than normal temperatures in the Northern Hemisphere, like we did last year, we could see some severe shortages in some areas.”

China, the largest producer and consumer of the fuel, could boost mine output by an extra 100 million tons in the fourth quarter. Reserves are slowly rising in India after more than three weeks of daily declines, while Indonesia -- the top exporter -- is finally recovering from a rain-soaked slowdown in production.

The three nations are the world’s top coal producers, while China and India are by far the largest consumers, burning nearly two-thirds of the world’s supply combined. Even as mining activity ramps up, global coal production will remain below levels in 2019 and at a time when demand is increasing, according to Biggs.

Safety issues in China, heavy rains in Indonesia and Australia and logistics issues in Russia and South Africa have hampered coal supply all year. Combined with a post-pandemic recovery in industrial activity, that’s created a global shortage which is pushing prices to record levels and has caused blackouts and electricity curtailments.

Miners are finally starting to catch up. Indonesia, which had an unusually long and heavy rainy season, has now accelerated output and expects to meet an annual target of 625 million tons, according to Sunindyo Suryo Herdadi, director of mineral and coal program fostering, at the Energy and Mineral Resources Ministry.

In China, monthly output is already about 18 million tons higher than last year and authorities are clearing bureaucratic hurdles to help producers add significantly more volumes, Sun Qingguo, senior safety supervisor with the National Mine Safety Administration, said at a briefing Wednesday. In total, that could add an extra 100 million tons of supply this quarter.

While that should help China heat homes and keep the economy running smoothly, energy-hungry industries will face power curtailments. Output from sectors like steel and cement could decline 30% through year’s end, according to UBS Group AG.

“Energy shortage remains a distinct risk over the winter in China and power rationing will be one of the policy measures to address the issue,” said Lara Dong, head of greater China power and renewables research at IHS Markit. Heating demand is expected to rise with temperatures forecast to drop from this weekend in regions including Inner Mongolia.

During a visit to a facility run by a home-appliance producer in Guangdong province Thursday, Premier Li Keqiang pledged to ensure power supplies for factories. The government has given coal miners permission to surpass annual quotas, will allow electricity prices to rise and has moved to limit exports of other fuels and lifted diesel imports.

In India, coal stocks at power plants are rising, though inventories still remain almost 80% lower than a year earlier. Several states are witnessing long outages and spot power prices jumped this week to a 12-year high. State-run Coal India is also continuing to divert supply away from industrial consumers, prompting complaints from sectors including aluminum producers.

“The government will do anything to prevent a widespread blackout, even if it means curtailing supplies to some other consumers,” said Somesh Kumar, leader for power and utilities at EY India.

Johnson & Johnson Puts Talc Injury Claims Into Bankruptcy

“Their decision to file this amounts to corporate fraud at its worst”

Jeremy Hill, Steven Church and Jef Feeley
Thu., October 14, 2021


(Bloomberg) -- Johnson & Johnson is turning to bankruptcy court in a controversial attempt to resolve billions of dollars in legal liabilities tied to its talc products, placing a new subsidiary holding the claims into Chapter 11 protection.

The unit, LTL Management LLC, filed for bankruptcy in Charlotte, North Carolina, on Thursday, listing as much as $10 billion of assets and up to $10 billion in liabilities, according to court documents. Johnson & Johnson itself did not file for bankruptcy.

“We are taking these actions to bring certainty to all parties involved in the cosmetic talc cases,” Michael Ullmann, executive vice president of Johnson & Johnson, said in a statement. “While we continue to stand firmly behind the safety of our cosmetic talc products, we believe resolving this matter as quickly and efficiently as possible is in the best interests of the Company and all stakeholders.”

J&J is the latest profitable company to try to use bankruptcy court to resolve asbestos-related claims instead of fighting lawsuits one case at a time in courts around the country. Lawyers who represent talc victims have been so concerned about J&J’s legal plans that they tried, unsuccessfully, to have a federal judge in Delaware block any future corporate restructuring.

‘It’s Laughable’

“Their decision to file this amounts to corporate fraud at its worst,” said Joseph Satterley, a California-based plaintiffs’ lawyer currently in the midst of a talc trial against J&J in Oakland. “This is a company that had a $472 billion market cap as of August of this year. There’s no way this litigation presents a material threat to this company. It’s laughable.”

Under federal law, a company filing for bankruptcy protection can have all litigation against it put on hold while officials come up with a plan to resolve the Chapter 11 case. In asbestos bankruptcies, the goal is to set up a trust fund big enough to pay off all current and future cases. The company then forces all asbestos victims to apply to the trust for compensation instead of fighting in court.

“This stinks,” Andy Birchfield, an Alabama-based plaintiffs’ lawyer representing women who blame J&J’s talc-based powders for their ovarian cancers, said in a statement. “They claim their product is safe and then attempt to hide behind bankruptcy. J&J can run but it can’t hide.”

Texas Two Step

The strategy J&J is using is known in legal circles as the Texas Two Step because under a business-friendly law in that state, a company can conduct a so-called divisive merger to break itself into two parts. One part has nearly all the operations and assets, while the other gets all of the asbestos liabilities. The asbestos company then files for bankruptcy and forces everyone suing to negotiate a settlement.

Lumber giant Georgia-Pacific was one of the first companies to use the strategy when it put its Bestwall unit into bankruptcy in 2017. The company is still fighting asbestos victims in that Chapter 11 case.

Johnson & Johnson is fighting nearly 35,000 suits blaming its iconic baby powder and other talc products for causing cancer, according to a July securities filing. The number of suits increased 28% from last year and the company said in the filing that new lawsuits continue to appear.

Earlier this year, J&J was forced to pay about $2.5 billion to 20 women after the Missouri Supreme Court and U.S. Supreme Court refused to throw out a St. Louis jury’s finding that J&J’s baby powder was contaminated with cancer-causing asbestos.

Nonetheless, J&J executives have said that the company had “strong legal grounds to contest” its losses.

J&J has settled some cases during the more than seven-year litigation over its baby powder, which the company withdrew from the U.S market last year.

To get a handle on the talc litigation, J&J will establish a $2 billion trust to pay amounts the bankruptcy court determines its talc-claim subsidiary owes, and will divert royalty payments worth $350 million to the unit.

The case is LTL Management LLC, 21-30589, U.S. Bankruptcy Court for the Western District of North Carolina (Charlotte).

Japan’s Kishida Looks to Flag Change with ‘New Capitalism’ Panel

Yuko Takeo
Thu., October 14, 2021


(Bloomberg) -- Japan’s new Prime Minister Fumio Kishida signaled his intention to shift economic policy and freshen up the ruling party’s image by scrapping a growth strategy panel and replacing it with a more gender-balanced group tasked with fomenting a ‘new form of capitalism.’

The new panel is assigned the task of creating a virtuous cycle of growth and distribution, and creating a new post-Covid society, according to a Cabinet Office statement Friday.

Japan Dissolves Parliament as Kishida Faces Oct. 31 Election

By highlighting the importance of distributing the benefits of growth more fairly, Kishida is again hitting on a theme he hopes will shore up support for the ruling party in a general election at the end of this month. The new prime minister has said that corporate profits need to be shared more widely.

In another move likely aimed at differentiating himself from previous Liberal Democratic Party leaders, Kishida made almost half the 15 expert members of the panel women. Only a quarter of the growth council’s experts were female.

The new panel members include Commons Asset Management Chairman Ken Shibusawa, who is the great-great grandson of a pioneer of Japanese capitalism who founded the country’s first bank and stock exchange. The panel will also be debating a revision of disclosing quarterly earnings reports.

Crowdfunding platform provider READYFOR Inc.’s 33-year old CEO Haruka Mera is also a part of the panel. So is Yumiko Murakami, a general partner MPower Partners Fund, a venture capital fund focused on ESG investments that she co-started with former Goldman Sachs vice chair Kathy Matsui.

Deere Workers Go on Strike as UAW, Company Fail to Reach Deal

Joe Deaux, Sybilla Gross and Kim Chipman
Thu., October 14, 2021


(Bloomberg) -- Thousands of workers at Deere & Co., the world’s biggest farm machinery maker, began picketing Thursday for the first time in more than three decades to demand better pay as the company heads for its most profitable year ever.

Representatives from the company and the United Auto Workers union failed to reach an agreement over a new labor contract, which ignited the strike around midnight Chicago time. Workers rejected a tentative agreement calling for a 5%-6% wage increase for this year, and are also demanding better health benefits.

The move comes amid a labor shortage in the U.S., and as pandemic-induced chaos in global supply chains upends business as usual for manufacturers. But Deere stands out because it’s enjoying boom times despite the challenges. Its shares have risen 38% in the past year amid a rally in crop prices that buoyed farmer earnings and demand for tractors. The company is set to enjoy its most successful year ever, with Wall Street analysts predicting record earnings minus items.

During leaner times, employees made concessions to the company, the union said. Now it’s time for the company to pay them back.

The 10,000 Deere employees, or about 14% of the workforce, are on strike “for the ability to earn a decent living, retire with dignity and establish fair work rules,” Chuck Browning, a vice president at the union said in a Facebook post.

White House press secretary Jen Psaki said she wouldn’t speak to individual labor actions but said the president supported union workers and called the right for workers to organize and strike a “fundamental right.” Democratic Senator Bernie Sanders tweeted his support for the workers.

Analyst Downgrade

The dispute may not end quickly. Evercore ISI downgraded the company’s stock on Thursday, citing risks for a prolonged fight. Shares rose 0.2%, trailing a 1.7% surge in the S&P 500 Index.

The strike isn’t happening in a vacuum. U.S. workers have been seeking better compensation broadly amid labor shortages. Employees at Kellogg Co. cereal plants went on strike last week.

The timing of the strike is also significant. It’s coming in the middle of the North American harvest. While that is a period of weaker production for Deere, it could disrupt the harvest if farmers experience equipment breakdowns and Deere is unable to respond speedily.

A work stoppage beyond a few days may make it tougher to get hold of replacement parts if equipment breaks during the harvest, according to Brian Strasser, a manager at Sinclair Tractor in Kalona, Iowa.

“Even though farmers are very resilient, if something breaks now, rather than taking hours it could take days to fix,” Strasser, who also farms corn and soybeans in East Central Iowa, said by phone.

The last time Deere employees went on strike was in 1986 for 163 days. The impact to financial results for the company will depend on how long it takes for both sides to reach an agreement, according to Matt Arnold, an analyst at Edward Jones. Arnold wrote in a note to clients on Thursday there likely will be a temporary affect to Deere’s operations as they will be less efficient.

Stephen Volkmann, an analyst at Jefferies LLC, said labor accounts for about 15% of Deere’s costs.

“We are determined to reach an agreement with the UAW that would put every employee in a better economic position and continue to make them the highest paid employees in the agriculture and construction industries,” Deere’s vice president of labor relations Brad Morris said in a statement. He added that the company would keep operations running while negotiations continued.

Deere & Co. workers go on strike after rejecting contract



Thu., October 14, 2021

MOLINE, Ill. (AP) — More than 10,000 Deere & Co. workers went on strike Thursday, the first major walkout at the agricultural machinery giant in more than three decades.

The union had said its members would walk off the job if no deal has been reached Wednesday. The vast majority of the union rejected a contract offer earlier this week that would have delivered 5% raises to some workers and 6% raises to others at the Illinois company known for its green tractors.

“The almost one million UAW retirees and active members stand in solidarity with the striking UAW members at John Deere," UAW President Ray Curry said.

Brad Morris, vice president of labor relations for Deere, said the company is "committed to a favorable outcome for our employees, our communities and everyone involved.” He said Deere wants an agreement that would improve the economic position of all employees.

“We will keep working day and night to understand our employees’ priorities and resolve this strike, while also keeping our operations running for the benefit of all those we serve,” Morris said.

Thirty-five years have passed since the last major Deere strike, but workers were emboldened to demand more this year after working long hours throughout the pandemic and because companies are facing worker shortages.

“Our members at John Deere strike for the ability to earn a decent living, retire with dignity and establish fair work rules,” said Chuck Browning, vice president and director of the UAW’s Agricultural Implement Department. “We stay committed to bargaining until our members’ goals are achieved.”

A handful of workers began forming a picket line outside the company's plant in Milan, a town in western Illinois near the Iowa border, about 15 minutes after strike deadline.

The union dropped off a metal barrel and firewood to keep workers warm in preparation for a demonstration that is expected to continues for 24 hours a day, the Quad-City Times reported. Workers began picketing at several other Deere plants — including at its large operation in Waterloo, Iowa — Thursday morning around when the first shift would normally arrive.

Chris Laursen, who works as a painter at Deere, told the Des Moines Register before the strike that it could make a significant difference.

“The whole nation’s going to be watching us,” Laursen said to the newspaper. “If we take a stand here for ourselves, our families, for basic human prosperity, it’s going to make a difference for the whole manufacturing industry. Let’s do it. Let’s not be intimidated.”

Under the agreement that the workers rejected, a top scale Deere production worker would make just over $30 per hour, rising to $31.84 after five years, according to summary of the proposal.

Creighton University economist Ernie Goss said workers have a lot of leverage to bargain with right now because of the ongoing worker shortages.

“Right now across the U.S., labor is in a very good strong position to bargain, so now is a good time to strike,” Goss said.

Earlier this year, another group of UAW-represented workers went on strike at a Volvo Trucks plant in Virginia and wound up with better pay and lower-cost health benefits after rejecting three tentative contract offers.

The contracts under negotiation cover 14 Deere plants, including seven in Iowa, four in Illinois and one each in Kansas, Colorado and Georgia.

The contract talks at the Moline, Illinois-based company were unfolding as Deere is expecting to report record profits between $5.7 billion and $5.9 billion this year. The company has been reporting strong sales of its agricultural and construction equipment this year.

Iowa State University economist Dave Swenson said those earnings give Deere the means to come to terms with workers.

“They can afford to settle this thing on much more agreeable terms to the union and still maintain really strong profitability,” Swenson said.

Swenson said the impact of the strike could spread further if companies that supply Deere factories have to begin laying off workers. So Deere will face pressure from suppliers and from customers who need parts for their Deere equipment to settle the strike quickly. And Swenson said Deere will be worried about losing market share if farmers decide to buy from other companies this fall.

“There is going to be a lot of pressure on Deere to move closer to the union’s demands,” Swenson said.

The Associated Press

New Mexico explores public financing for cannabis businesses


Thu., October 14, 2021, 9:16 p.m.


SANTA FE, N.M. (AP) — Small-scale marijuana businesses in New Mexico would receive access to publicly financed loans of up to $250,000 in an effort to promote social and economic fairness, under a proposal unveiled Thursday.

The New Mexico Finance Authority suggested a $5 million line of credit to licensed cannabis microbusinesses, seeking preliminary approval from a panel of state legislators. The panel voted 6-5 against immediate endorsement, stalling the effort amid a variety of concerns about rules for lending to the fledgling recreational pot industry.

Under the proposal lending rules, loans would be made available to qualified cannabis “microbusinesses" that are licensed to cultivate and sell marijuana from up to 200 plants at a single location, operating much like a craft winery or brewery. That business niche was authorized in sweeping legislation to regulate and tax recreational marijuana sales, signed by Democratic Gov. Michelle Lujan Grisham in April.

The law requires that the state promote business opportunities for communities that were penalized disproportionately by past criminal enforcement of marijuana laws, without saying exactly how. The social-justice provisions also mandate some form of help for farmers from economically disadvantaged communities and residents of rural areas where the marijuana industry may take hold.

New Mexico Finance Authority CEO Marquita Russel, an architect of preliminary rules for the loan program, said traditional business loans are still scarce for small-scale cannabis entrepreneurs.

“They have very few options. If you are a startup cannabis microbusiness, you can’t go to a bank, you can’t go to the Small Business Administration,” she told legislators. “There is not a space for a small business to get a loan of this sort.”

The proposed loan program would be underwritten by the state’s Economic Development Revolving Loan Fund, which helps stimulate the economy in remote regions of the state. Russel says the program would draw on idle loan reserves, including unspent money set aside for critical services during the coronavirus pandemic.

State cannabis and finance regulators acknowledged that challenges likely lie ahead in vetting small loan applications from unproven business in a startup industry emerging partly from the black market.

“We anticipate that most of them will not have current financial statements,” Russel said.

Experienced medical marijuana companies would not qualify under proposed lending rules aimed at helping small, newly licensed growers.

Republican state Sen. Stuart Ingle of Portales warned that it may be difficult to fully recover loans from marijuana farmers and highlighted a lack of farming and ranching experience among board members at the New Mexico Finance Authority.

“There are still so many questions in here, where questions can't be answered,” he said. “We may need to slow things down.”

State-sanctioned recreational cannabis sales are scheduled to start no later than April 1. State cannabis regulators have received at least 22 license applications to form cannabis microbusiness, according to public records.

For the loan program to move forward, approval is needed from a legislative oversight committee and the New Mexico Finance Authority board that includes several state cabinet secretaries and representatives of municipal and county governments.

Loan applications would require collateral guarantees of repayment such as land or equipment, with loan periods of up to five years.

“We will be fully secured. These are our dollars, they need to be repaid,” Russel said. “These aren't (loans) for people who just kind of decided this might be fun.”

Morgan Lee, The Associated Press

Blackfoot language trailblazer, educator named to Alberta Order of Excellence


Wed., October 13, 2021, 2:14 p.m.·5 min read

Love and respect are heard clearly in the words of Tom Russell and Maria Russell when they speak about their mother Lena Heavy Shields-Russell, one of eight recipients of the 2021 Alberta Order of Excellence.

Heavy Shields-Russell, a member of the Blood Tribe, was recognized for being a “trailblazing translator… (and) safeguarding the (Blackfoot) language and culture to pass on to future generations,” reads a news release issued by the province Oct. 7.

She was among the first of her Nation to begin writing her Blackfoot language, which at the time was mostly oral. She also taught Blackfoot and general literacy skills for more than 50 years, the majority of which was spent on the Blood Reserve where she became vice-principal at St. Mary’s residential school, and also taught at Red Crow Community College. She taught junior and senior high school in Cardston, as well as at the University of Lethbridge.

“She was very honoured (to be named to the order),” said Tom, the second eldest of seven biological children.

“We’re so honoured that she’s receiving this award,” said Maria, the third oldest. “Our mother has worked very hard all her life.”

Maria calls her mother’s recognition “very timely” in light of a new awakening amongst Albertans and Canadians about the impact that Indian residential schools have had on the language, culture and mental health of Indigenous populations.

Heavy Shields-Russell started school at St. Mary’s Residential School on the Blood Reserve. She went on to attend an all-girls school in Legal in central Alberta before returning to southern Alberta and graduating from high school in Pincher Creek.

“At residential school you’re forbidden to speak your language. I remember when my great grandmother, not only her but others, would come in, her stories were all in Blackfoot,” said Maria.

“On one hand (Lena) was teaching the Elders English and they were teaching her the deeper Blackfoot, more of the language. There was kind of like a balance of learning, the non-Blackfoot ways (and) learning the Blackfoot ways,” said Tom.

A Kainai Elder gave Heavy Shields-Russell the Blackfoot name Ikkináínihki, which means “Gentle Singer.”

While they spoke Blackfoot at home, both Tom and Maria said their mother wanted them to succeed in the contemporary world so ensured they also spoke English.

“She really promoted all of us to seek an education and we’ve all kind of fulfilled that,” said Tom.

“I used to tease her, if she wasn’t teaching she was either back in school (or) working on projects,” said Maria.

Heavy Shields-Russell has an impressive formal education, which includes the universities of Alberta (in Edmonton) and Lethbridge. She received an honorary doctorate from the University of Lethbridge in 2006.

The work Heavy Shields-Russell did with the Blackfoot language, including partnering with Alberta Education to develop a Blackfoot curriculum for grades 7 through 12, is one reason she was inducted into the order.

“I remember her. Teachers usually have their summers to themselves, but for us, Lena was always busy,” said Maria. “During those years she was really working with the curriculum, especially. She was working in her summers in her spare time and she would have her papers all over (and) … one day she told my father, ‘I wish I could just throw these papers in the wind.’ And he encouraged her … that in the future that what she was working on would be fruitful and will help a lot of people down the road.”

Heavy Shields-Russell married James Russell in 1955. They co-managed their cattle and ranch operation in the “Where Bald Eagles Nest” valley on the Blood Reserve. James Sr. passed away in 1993.

Both Tom and Maria use terms like “very hard worker” and “driven” to describe Heavy Shields-Russell. But she was also generous, positive, encouraging and respectful, they say.

And she was a perfectionist, “getting something done to the end and doing it right,” said Maria.

“Our culture, our language, our history, all of that is important in our upbringing and she brought those kinds of things out, too,” she added.

Tom said the community views Lena “with deep respect. She taught many people during her lifetime. Even today, everyone we meet, they all say, ‘How’s your mom? How’s your mom doing?’ They have so much respect for Lena, being the person who helped them along. Many people, too, she helped individually to achieve their goals.”

Heavy Shields-Russell, who recently turned 88, now resides in the Kainai Continuing Care Centre on the Blood Reserve. It was supposed to be an opportunity for her to speak her language and exchange stories with other Elders, says Maria, but restrictions brought on by the coronavirus have made that difficult.

Heavy Shields-Russell is only the eighth Indigenous person to be recognized with an Alberta Order of Excellence since the award began in 1979. There have been 197 people named to the order.

“I would say that many Indigenous people were very deserving of this recognition, and Lena was for her work that she did during her lifetime, preserving the Blackfoot language and promoting the Blackfoot language among her people,” said Tom

“They say that language is the one thing, the main thing, that binds a people together. That undertaking that she took on to preserve our language is leading toward preserving our culture as Blackfoot people. Her work was very vital.”

Windspeaker.com

By Shari Narine, Local Journalism Initiative Reporter, Windspeaker.com, Windspeaker.com

4 Mi'kmaw bands launch moderate livelihood fisheries with DFO approval

Wed., October 13, 2021

A Mi'kmaw fishing boat is seen flying the Mi'maw flag last year (Eric Woolliscroft/CBC - image credit)

Four Mi'kmaw communities in Nova Scotia have announced the launch of government-approved moderate livelihood fisheries.

In a news release Wednesday, the Assembly of Nova Scotia Mi'kmaw Chiefs said the treaty fisheries will happen in the Acadia, Annapolis Valley, Bear River and Glooscap First Nations.

The group said the Kespukwitk District Netukulimk Livelihood Fisheries Plan will start Thursday, though not all communities will launch then.

"For the Kespukwitk district, it was important that we built a collective approach to livelihood fisheries for conservation and stewardship reasons," Chief Gerald Toney of the Annapolis Valley First Nation said in the release.

The Mi'kmaw chiefs said they are following the path set out by the Potlotek First Nation to fish and co-operate with the Department of Fisheries and Oceans.

No fear of gear being seized

"It is important that Mi'kmaw harvesters can exercise their rights without fear of their gear and equipment being seized. That is why we have been open and transparent, sharing our plan with DFO from the onset," said Chief Sidney Peters of the Glooscap First Nation.

The group will manage 3,500 lobster traps.

The federal government also sent out a news release saying DFO continues to work with First Nations across the Maritimes and the Gaspé region of Quebec to implement treaty rights to a moderate livelihood while ensuring a sustainable fishery for everyone.

DFO said members of the Bear River and Annapolis Valley First Nations will harvest during the regular seasons in lobster fishing areas 33, 34 and 35. LFA 35 opens Thursday and the other two on Nov. 29.

The agreement lets the bands sell the lobster.

The bands will pick community members who will work the fishery. DFO described it as an interim measure.

70 traps per harvester, says DFO

Bernadette Jordan is the minister for DFO. She lost her seat in the federal election and will be replaced at DFO when Parliament sits on Monday.

She said the 3,500 traps are not new, but from licences DFO bought over the last few years for this purpose.

"It's 70 traps per harvester, so it's a lot less than a commercial licence, but it does still allow the First Nations to have their moderate livelihood fishery," she told CBC News.

Jordan was asked why the federal government has been able to reach an interim agreement with some First Nations in Nova Scotia, but not with the Sipekne'katik First Nation. It has been operating a moderate livelihood fishery since 2020, but outside of DFO-regulated seasons.

"We're always open to discussions and negotiations with Sipekne'katik. Chief Sack is welcome back to the table any time. We're going to continue to work with those who want to continue to work with us," she said.

Support from commercial fisheries

The Unified Fisheries Conservation Alliance, which represents commercial fishers, said its members support the deal.

"We believe this is an important step in the right direction and are cautiously optimistic this model will have broader application, but there is still more work to be done," said Colin Sproul, the group's president, in a statement Wednesday.

"We are happy this agreement will allow us to move forward, side by side, with the Kespukwitk Indigenous fishers."

Sproul said it was key that the fisheries will fall under DFO's regulatory authority, follow existing seasons, and won't increase the fishing pressure in any lobster fishing area.

For the first time, children in this Mi'kmaw community can go to their own school

Wed., October 13, 2021, 2:17 p.m.·2 min read

The official opening for the Paqtnkek Education Centre building is scheduled for Oct. 15 (Tanya Francis - image credit)

It's taken years of planning and hard work, but Paqtnkek Mi'kmaw Nation students in grades primary to three are now able to get a culturally relevant education in their own community.

Construction on the new Paqtnkek Education Centre building is almost complete. Since the school year started, students have been attending classes in the elders centre in the community, which is about 25 kilometres east of Antigonish, N.S.

But moving day is nearing for the students, with the official opening ceremony for the new school scheduled for Friday afternoon.

Tanya Francis, the community's education director, said Paqtnkek's past and current leadership has worked diligently to make the school a reality.

Dennis Pictou

Five years ago, the community of 600 members held a vote about building their own school, Francis said. The majority voted no, fearing children would not get the same type of education as the provincial system offers.

"We had more meetings with parents and elders and we stressed that no, of course, we're going to follow the curriculum," she said.

"But we're going to do it more in a culturally relevant way for our students."

Racism in schools

Francis said Mi'kmaw students have endured racism in provincial schools over the years and, although it is "getting better," Mi'kmaw students are still disproportionately suspended from school and more likely to dropout.

She said the Paqtnkek Education Centre provides a welcoming and empathetic environment and staff that want the best for the children.

Danielle Gloade, the school's first principal, said the children are enjoying their new school experience close to home.

Gloade said the 22 students stand every morning in a big circle and honour themselves and their ancestors by singing the Mi'kmaq Honour Song.

"We do a smudge as a prayer to give thanks for the beautiful day and this opportunity for these kids to grow in an environment that really is going to nourish them as Indigenous people and really connect to who they are as people and to uplift them," she said.

Tanya Francis/Danielle Gloade

Speaking their own language

Gloade's grandmother, Nora Bernard, was a Mi'kmaw activist who led the first class-action lawsuit calling for compensation for residential school survivors. She was never allowed to speak her native language in the residential school.

Hearing the children at the Paqtnkek school using their own language is incredible, Gloade said.

The legacy of residential schools led many Indigenous people to feel that they "were not good enough," she said. Gloade hopes that will change once they see how good children are feeling in their own school system.

Francis, whose father was also a residential school survivor, said Indigenous people have endured a great deal of trauma.

"To be taught the way we learn and by Mi'kmaw teachers is the best medicine for our students to move forward and be successful and be proud," Francis said.

Nunavut Inuit sue territorial government over right to education in Inuktut

Wed., October 13, 2021

Nunavut Tunngavik Inc. (NTI) president Aluki Kotierk, centre, enters the Nunavut Court of Justice to file a lawsuit against the territorial government. NTI claims the Nunavut government is discriminating against Inuit by not offering education in Inuktut to the same degree as English and French. (Nick Murray/CBC News - image credit)

The organization that represents Inuit in Nunavut is suing the government of Nunavut over the right for students to be educated in Inuktut.

In a statement of claim filed Wednesday in Iqaluit, Nunavut Tunngavik Inc. (NTI) claims the Nunavut government is discriminating against Inuit by not offering education in Inuktut to the same degree as English and French — despite Inuktitut being the territory's dominant language.

"So the message to us as Inuktut-speaking Inuit in Nunavut when we're the public majority is our language doesn't mean anything, it's not important, and certainly it's not as important as English or French," NTI president Aluki Kotierk told CBC News on courthouse steps.

"We're tried very hard to work with the government to express how it has an impact on who we are and how crucial it is. But consistently, the message has been that the Inuit language is not as important as other languages."

Claudiane Samson/Radio-Canada

NTI, which represents Inuit who were party to the Nunavut Agreement, is asking the Nunavut Court of Justice to step in and force the territorial government to offer a full slate of subjects and classes in Inuktut, across all grade levels, and to do it within five years of the end of the litigation.

The lawsuit comes on the heels of the passing of Bill 25 in Nunavut's Legislature last year, which NTI argues "further diminished Inuit language education in Nunavut schools."

Right now, education in Inuktut is mostly only available up to Grade 4, with subject matter taught primarily in English and French after then.

Language lesson: Inuktitut is the dialect of the Inuit language spoken by the vast majority of Inuit across Nunavut. Inuktut is a term encompassing all dialects, including Inuinnaqtun, which is predominantly spoken in the Kitikmeot in Western Nunavut. NTI's lawsuit refers to Inuktut education.

The Government of Nunavut passed legislation in 2008 to require Inuktut education for all grades by 2019-2020, but never achieved its legally-binding commitment.

Instead, NTI alleges, the government passed Bill 25 in 2020, which changed the law to only require the government to offer an Inuit language course, rather than full grade material in Inuktut. It also pushed the implementation of the course to as early as 2026 for Grade 4, and as late as 2039 for Grade 12.

And while the territorial government has argued publicly it's developing curriculum to have Inuktut courses offered across different subjects, NTI's lawsuit alleges the passing of Bill 25 "harms Inuit students by causing [their] loss of the Inuit language and culture, and undermining [their] ability to achieve their educational potential."

'This claim is all about discrimination'

The lawsuit includes two individual plaintiffs: Bernice Clarke, 46, and Lily Maniapik, 33.

Both are Inuit with children in Nunavut's education system, who want their kids to be able to have access to education in Inuktut. Clarke is also an NTI employee.

"This claim is all about discrimination," said Kotierk in a news conference Wednesday. "The discrimination based on race and ethnicity and the fact that we are Inuit."

The lawsuit raises a constitutional challenge under the Charter of Rights and Freedoms, arguing Nunavut's education system is discriminating against Inuit by not providing education in Inuktut, despite it being the dominant language in Nunavut.

"The expectation here in Nunavut is when we're the public majority, who speak Inuktut, we expect that the public education system would be available in Inuktut language of instruction in all grade levels in all subject areas," Kotierk said.

"To date, that is not what is occurring."

The government of Nunavut has not yet filed a statement of defence. Nunavut's department of education did not respond to a request for comment.