US Bat Species Devastated by Fungus Now Listed as Endangered

The Biden administration declared the northern long-eared bat endangered on Tuesday in a last-ditch effort to save a species driven to the brink of extinction by white-nose syndrome, a fungal disease.

“White-nose syndrome is decimating cave-dwelling bat species like the northern long-eared bat at unprecedented rates,” said Martha Williams, director of the U.S. Fish and Wildlife Service.

The agency is “deeply committed to working with partners on a balanced approach that reduces the impacts of disease and protects the survivors to recover northern long-eared bat populations,” she said.

First documented in the U.S. in 2006, the disease has infected 12 types of bats and killed millions. The northern long-eared bat is among the hardest hit, with estimated declines of 97% or higher in affected populations. The bat is found in 37 eastern and north-central states, plus Washington, D.C., and much of Canada.

Named for white, fuzzy spots that appear on infected bats, white-nose syndrome attacks bats’ wings, muzzles and ears when they hibernate in caves and abandoned mines.

It causes them to wake early from hibernation and to sometimes fly outside. They can burn up their winter fat stores and eventually starve.

The disease has spread across nearly 80% of the geographical range where northern long-eared bats live and is expected to cover it all by 2025.

Little brown bat also suffering

Another species ravaged by the fungus is the tricolored bat, which the government proposed to classify as endangered in September. A third, the little brown bat, is being evaluated for a potential listing.

Bats are believed to give U.S. agriculture an annual boost of $3 billion by gobbling pests and pollinating some plants.

The Fish and Wildlife Service designated the northern long-eared bat as threatened in 2015. With its situation increasingly dire, the agency proposed an endangered listing in March and considered public comments before deciding to proceed. The reclassification takes effect January 30, 2023.

“This species is in dire straits, but we never want to give up hope,” said Winifred Frick, chief scientist with Bat Conservation International, a nonprofit group. “We can do amazing things when we work hard and have legal protections in place to protect these small colonies that are left.”

In many cases, the service identifies “critical habitat” areas considered particularly important for the survival of an endangered species. Officials decided against doing so for the northern long-eared bat because habitat loss isn’t the primary reason for its decline, spokeswoman Georgia Parham said. Calling attention to their winter hibernation spots could make things worse, she added.

Recovery efforts will focus on wooded areas where the bats roost in summer — usually alone or in small groups, nestling beneath bark or in tree cavities and crevices. Emerging at dusk, they feed on moths, beetles and other insects.

Under the Endangered Species Act, federal agencies are required to consult with the Fish and Wildlife Service to be sure projects that they fund or authorize — such as timber harvests, prescribed fires and highway construction — will not jeopardize a listed species’ existence.

For nonfederal landowners, actions that could result in unintentional kills could be allowed but will require permits.

Turbines also a threat

The Fish and Wildlife Service said it will also work with wind energy companies to reduce the likelihood that bats will strike turbines. These collisions are currently a threat in roughly half of the northern long-eared bat’s range, an area likely to grow as wind energy development expands.

The service has approved nearly two dozen plans allowing wind energy and forestry projects to proceed after steps were taken to make them more bat-friendly, said Karen Herrington, Midwest regional coordinator for threatened and endangered species.

Operators can limit the danger by curtailing blade rotation during bats’ migration season and when winds are low.

Research continues for methods to fight white-nose syndrome, including development of a vaccine. The service has distributed more than $46 million for the campaign, which involves around 150 agencies, private organizations and Native American tribes.

“We have to find a cure for white-nose syndrome that is killing our bats and we have to protect the forests where they live,” said Ryan Shannon, senior attorney at the nonprofit Center for Biological Diversity. “This endangered listing will help on both counts.”

US House Democrats Pick Congressman Hakeem Jeffries as New Leader

Democratic lawmakers in the U.S. House of Representatives picked a new leader Wednesday, New York Congressman Hakeem Jeffries, who will become the first Black person to lead either major political party in Congress when the new congressional session opens in January.

The 52-year-old Jeffries, a House member for 10 years, has vowed to “get things done,” even though Democrats lost their narrow majority to opposition Republicans in the chamber in the November 8 elections.

His selection, in a unanimous vote by acclamation at a caucus of party lawmakers, marks a generational shift for Democrats. Outgoing House Speaker Nancy Pelosi, 82, has been the party’s leader for two decades but announced earlier this month she would remain in the House but not seek a party leadership position in the new Congress as Republicans take control.

Jeffries was one of three new leaders Democrats elected, along with Massachusetts Congresswoman Katherine Clark, 59, as the Democratic whip and California Congressman Pete Aguilar, 43, as caucus chairman.

Republican Congressman Kevin McCarthy of California is on track to becoming the new House speaker, although opposition from some conservative Republican lawmakers has left his election uncertain.

With Republicans controlling the House in the new Congress, while Democrats are assured of maintaining control of the Senate and Democrat Joe Biden is president, political agreement on major legislation is likely to be difficult in Washington.

Newly empowered House Republicans have said they intend to focus their attention on launching numerous investigations of the Biden administration, on issues such as last year’s chaotic military withdrawal from Afghanistan, its handling of migration issues at the U.S. border with Mexico, and the business affairs of Biden’s son, Hunter Biden, and any financial links to the president.

The White House has said it will cooperate with some Republican inquiries but not one involving Hunter Biden.

Tokyo Court Says Japan’s Lack of Legal Protection for Same-Sex Marriage Is Unconstitutional

A Tokyo District Court found on Wednesday that Japan’s lack of legal protection for same-sex marriages violated the constitution but said the government’s lack of legislative action on the matter was not illegal.

Japan is currently the only G-7 nation that continues to ban same-sex marriage and does not allow same-sex couples to marry, inherit assets and denies parental rights.

The Tokyo court threw out demands of $7,175 (1 million yen) in compensation for each of the eight plaintiffs in the case who asserted the law was discriminatory.

Article 24 in the Japanese constitution explicitly states, “marriage shall be based only on the consent of both sexes” and recognizes equal rights between a husband and wife.

In the ruling, the Tokyo court said while the ban itself was constitutional, the lack of legal protection for same-sex couples infringes on their rights and is unconstitutional.

According to Reuters, the court found the absence of legal protection for same-sex couples “is in state of violation” of the second paragraph of Article 24.

While the ruling still dismissed the plaintiffs’ demand of compensation, the response of the court is seen as a major step for LGBTQ+ rights in Japan, where gender roles and family values are deeply intertwined in society.

“I was glad that the ruling acknowledged we have a right to be families,” plaintiff Chizuka Oe said at a news conference. “This is just the beginning.”

This ruling was the third of five similar lawsuits filed around the country with divisive responses from different courts.

The Sapporo District Court found the banning of same-sex marriage was unconstitutional in March 2021, while the Osaka district court ruled banning same-sex marriage was constitutional.

Local municipalities, including Tokyo prefecture, have attempted to assist same-sex couples through the Partnership Oath System. There is still a lack of legal protection, however, for inheritance and medical issues.

Japanese society is starting to think more open-mindedly about same-sex marriage according to a public opinion poll conducted by Mainichi Shinbun and Saitama University Social Research Center. The poll found that 71% of 18–29-year-old Japanese people say that same-sex marriage should be recognized. This figure drops to about 25% for those above the age of 70.

The Associated Press and Reuters provided some information for this report.

Fentanyl’s Scourge Visible on Streets of Los Angeles

In a filthy alley behind a Los Angeles doughnut shop, Ryan Smith convulsed in the grips of a fentanyl high — lurching from moments of slumber to bouts of violent shivering on a warm summer day. 

When Brandice Josey, another homeless addict, bent down and blew a puff of fentanyl smoke his way in an act of charity, Smith sat up and slowly opened his lip to inhale the vapor as if it was the cure to his problems. 

Smith, wearing a grimy yellow T-shirt that said “Good Vibes Only,” reclined on his backpack and dozed the rest of the afternoon on the asphalt, unperturbed by the stench of rotting food and human waste that permeated the air. 

For too many people strung out on the drug, the sleep that follows a fentanyl hit is permanent. The highly addictive and potentially lethal drug has become a scourge across America and is taking a toll on the growing number of people living on the streets of Los Angeles. 

Nearly 2,000 homeless people died in the city from April 2020 to March 2021, a 56% increase from the previous year, according to a report released by the Los Angeles County Department of Public Health. Overdose was the leading cause of death, killing more than 700. 

Fentanyl was developed to treat intense pain from ailments like cancer. Use of fentanyl, a powerful synthetic opioid that is cheap to produce and is often sold as is or laced in other drugs, has exploded. Because it’s 50 times more potent than heroin, even a small dose can be fatal. 

It has quickly become the deadliest drug in the nation, according to the Drug Enforcement Administration. Two-thirds of the 107,000 overdose deaths in 2021 were attributed to synthetic opioids like fentanyl, the U.S. Centers for Disease Control and Prevention said. 

The drug’s toll spreads far beyond the streets. 

Jennifer Catano, 27, has the names of two children tattooed on her wrists, but she hasn’t seen them for several years. They live with her mother. 

She has overdosed three times and been through rehab seven or eight times. 

“It’s scary to get off of it,” she said. “The withdrawals are really bad.” 

Catano wandered around a subway station near MacArthur Park desperate to sell a bottle of Downy fabric softener and a Coleman camping chair she stole from a nearby store. 

Drug abuse can be a cause or symptom of homelessness. Both can also intersect with mental illness. 

A 2019 report by the Los Angeles Homeless Services Authority found about a quarter of all homeless adults in Los Angeles County had mental illnesses and 14% had a substance use disorder. That analysis only counted people who had a permanent or long-term severe condition. Taking a broader interpretation of the same data, the Los Angeles Times found about 51% had mental illnesses and 46% had substance use disorders. 

Billions of dollars are being spent to alleviate homelessness in California, but treatment is not always funded. 

A controversial bill signed by Gov. Gavin Newsom could improve that by forcing people suffering from severe mental illness into treatment. But they need to be diagnosed with a certain disorder such as schizophrenia and addiction alone doesn’t qualify. 

Help is available but it is outpaced by the magnitude of misery on the streets. 

Rita Richardson, a field supervisor with LA Door, a city addiction-prevention program that works with people convicted of misdemeanors, hands out socks, water, condoms, snacks, clean needles and flyers at the same hotspots Monday through Friday. She hopes the consistency of her visits will encourage people to get help. 

“Then hopefully the light bulb comes on. It might not happen this year. It might not happen next year. It might take several years,” said Richardson, a former homeless addict. “My goal is to take them from the dark to the light.” 

 

Supreme Court Wrestles with Biden’s Deportation Policy

The Supreme Court on Tuesday wrestled with a politically tinged dispute over a Biden administration policy that would prioritize deportation of people in the country illegally who pose the greatest public safety risk.

It was not clear after arguments that stretched past two hours and turned highly contentious at times whether the justices would allow the policy to take effect, or side with Republican-led states that have so far succeeded in blocking it.

At the center of the case is a September 2021 directive from the Department of Homeland Security that paused deportations unless individuals had committed acts of terrorism, espionage or “egregious threats to public safety.” The guidance, issued after Joe Biden became president, updated a Trump-era policy that removed people in the country illegally regardless of criminal history or community ties.

On Tuesday, the administration’s top Supreme Court lawyer told the justices that federal law does “not create an unyielding mandate to apprehend and remove” every one of the more than 11 million immigrants living in the country illegally.

Solicitor General Elizabeth Prelogar said it would be “incredibly destabilizing on the ground” for the high court to require that. Congress has not given DHS enough money to vastly increase the number of people it holds and deports, the Biden administration has said.

But Texas Solicitor General Judd Stone told the court the administration is violating federal law that requires the detention and deportation of people who are in the U.S. illegally and who have been convicted of any serious crime, not just the most serious, specifically defined ones.

Chief Justice John Roberts was among the conservative justices who pushed back strongly on the Biden administration’s arguments.

“It’s our job to say what the law is, not whether or not it can be possibly implemented or whether there are difficulties there, and I don’t think we should change that responsibility just because Congress and the executive can’t agree on something. … I don’t think we should let them off the hook,” he said.

Yet Roberts, in questioning Stone, also called Prelogar’s argument compelling.

“It’s impossible for the executive to do what you want it to do, right?” Roberts asked.

Roberts wasn’t totally satisfied when Stone said the number of people potentially affected total 60,000 to 80,000.

Justice Brett Kavanaugh said that whatever the actual number, “the resources still aren’t there.”

The court’s three liberal justices, on the other hand, were sympathetic to the Biden administration’s arguments. Justice Sonia Sotomayor and Elena Kagan, made clear they believed that Texas and Louisiana, which joined Texas in suing over the directive, weren’t even entitled to bring their case.

The case is the latest example of a Republican litigation strategy that has succeeded in slowing Biden administration initiatives by going to GOP-friendly courts. Kagan picked up on that during arguments, saying that Texas could file its suit in a courthouse where it was guaranteed to get a sympathetic hearing and that one judge stopped “a federal immigration policy in its tracks.”

In a separate ongoing legal dispute, three judges chosen by then-President Donald Trump are among the four Republican-appointed judges who have so far prevented the administration’s student loan cancellation program from taking effect.

The states said they would face added costs of having to detain people the federal government might allow to remain free inside the United States, despite their criminal records.

Federal appeals courts had reached conflicting decisions over DHS guidance.

The federal appeals court in Cincinnati earlier overturned a district judge’s order that put the policy on hold in a lawsuit filed by Arizona, Ohio and Montana.

But in the separate suit filed by Texas and Louisiana, a federal judge in Texas ordered a nationwide halt to the guidance and a federal appellate panel in New Orleans declined to step in.

In July, the court voted 5-4 to leave the immigration policy frozen nationwide. Conservative Justice Amy Coney Barrett joined the court’s three liberals in saying they would have allowed the Biden administration to put in place the guidance.

At the same time, the court said it would hear arguments in the case in late November.

The justices have several questions to sort through, whether the states should have been permitted to file their challenge in the first place, whether the policy violates immigration law and, if it does, whether it was appropriate for the Texas-based judge to block it.

On that last point, Prelogar said the judge’s decision to “vacate” the policy was wrong, and her argument questioned whether judges have been getting it all wrong for decades.

The issue touched a nerve, especially among Roberts, Kavanaugh and Ketanji Brown Jackson, the justices who once served on the federal appeals court in Washington that regularly vacates policies it determines are unlawful.

“Fairly radical,” Roberts said. “Pretty astonishing,” Kavanaugh said. Jackson, more restrained, also questioned Prelogar’s reasoning.

“There seems to be a kind of D.C. Circuit cartel,” Kagan joked.

A decision in U.S. v. Texas, 22-58, is expected by late June.

House Votes to Avert Rail Strike, Impose Deal on Unions

The U.S. House moved urgently to head off the looming nationwide rail strike on Wednesday, passing a bill that would bind companies and workers to a proposed settlement that was reached in September but rejected by some of the 12 unions involved. 

The measure passed by a vote of 290-137 and now heads to the Senate. If approved there, it will be quickly signed by President Joe Biden, who requested the action. 

Biden on Monday asked Congress to intervene and avert the rail stoppage that could strike a devastating blow to the nation’s fragile economy by disrupting the transportation of fuel, food and other critical goods. Business groups including the U.S. Chamber of Commerce and the American Farm Bureau Federation warned that halting rail service would cause a $2 billion per day hit to the economy. 

The bill would impose a compromise labor agreement brokered by the Biden administration that was ultimately voted down by four of the 12 unions representing more than 100,000 employees at large freight rail carriers. The unions have threatened to strike if an agreement can’t be reached before a December 9 deadline. 

Lawmakers from both parties expressed reservations about overriding the negotiations. And the intervention was particularly difficult for Democratic lawmakers who have traditionally sought to align themselves with the politically powerful labor unions that criticized Biden’s move to intervene in the contract dispute and block a strike. 

House Speaker Nancy Pelosi responded to that concern by adding a second vote Wednesday that would add seven days of paid sick leave per year for rail workers covered under the agreement. However, it will take effect only if the Senate goes along and passes both measures. 

The call for more paid sick leave was a major sticking point in the talks. The railroads say the unions have agreed in negotiations over the decades to forgo paid sick time in favor of higher wages and strong short-term disability benefits. 

The head of the Association of American Railroads trade group said Tuesday that railroads would consider adding paid sick time in the future, but said that change should wait for a new round of negotiations instead of being added now, near the end of three years of contract talks. 

The unions maintain that railroads can easily afford to add paid sick time at a time when they are recording record profits. Several of the big railroads involved in these contract talks reported more than $1 billion profit in the third quarter. 

“Quite frankly, the fact that paid leave is not part of the final agreement between railroads and labor is, in my opinion, obscene,” said Rep. Jim McGovern, D-Mass. “It should be there and I hope it will be there at the end of this process.” 

Republicans also voiced support for the measure to block the strike, but criticized the Biden administration for turning to Congress to “step in to fix the mess.” 

“They’ve retreated in failure and they kicked this problem to Congress for us to decide,” said Rep. Sam Graves, R-Mo. 

Republicans also criticized Pelosi’s decision to add the sick leave second bill to the mix. They said the Biden administration’s own special board of arbitrators recommended higher wages to compensate the unions for not including sick time in its recommendations. 

“Why do we even have the system set up the way it is if Congress is going to come in and make changes to all of the recommendations?” Graves said. 

Pelosi sought to position Democrats and the Biden administration as defenders of unions and slammed the rail companies, saying they’ve slashed jobs, increased worker hours and cut corners on safety. But she said Congress needed to intervene. 

“Families wouldn’t be able to buy groceries or life-saving medications because it would be even more expensive and perishable goods would spoil before reaching shelves,” Pelosi said. 

The compromise agreement that was supported by the railroads and a majority of the unions provides for 24% raises and $5,000 in bonuses retroactive to 2020 along with one additional paid leave day. The raises would be the biggest rail workers have received in more than four decades. Workers would have to pay a larger share of their health insurance costs, but their premiums would be capped at 15% of the total cost of the insurance plan. The agreement did not resolve workers’ concerns about schedules that make it hard to take a day off and the lack of more paid sick time. 

The Biden administration issued a statement in support of Congress passing the bill that implements the most recent tentative agreement, stressing that it would provide improved health care benefits and a historic pay raise. But the statement was silent on the measure that would add seven sick days to the agreement. 

“To be clear, it is the policy of the United States to encourage collective bargaining, and the administration is reluctant to override union ratification procedures and the views of those union members who voted against the agreement,” the White House said. “But in this case – where the societal and economic impacts of a shutdown would hurt millions of other working people and families – Congress must use its powers to resolve this impasse.” 

On several past occasions, Congress has intervened in labor disputes by enacting legislation to delay or prohibit railway and airline strikes. 

 

DRC, Rebel Groups Resume Peace Talks in Kenya

The East African Community bloc has opened new talks on peace in the Democratic Republic of Congo, with representatives of major rebel groups attending for the first time. The DRC government, rebel group and local representatives are gathered in Nairobi to find ways to end the chronic conflict in the east of the country that has killed hundreds of thousands and displaced millions.

Speaking at the third Inter-Congolese dialogue, former Kenyan president Uhuru Kenyatta called on all parties to the conflict to open their minds to peace and said foreign armed groups must be disbanded.

“We are here as part of the East African Community to find a way and work with you to find peace. A peace that the Congolese have not seen for more than 20 years,” Kenyatta said in Swahili. “Some children have never set foot in a classroom because of the conflict, and some men never got the opportunity to farm their land to bring themselves out of poverty because of conflict.”

Officials in the meeting said some 53 rebel groups have accepted a ceasefire, including the M23 rebel group.

Kenyatta said foreign armed groups in the DRC must be disbanded and the sovereignty of the country respected.

Forces from neighboring Burundi, Rwanda and Uganda are currently in eastern Congo, chasing after rebel groups they accuse of trying to destabilize their countries.

The Kinshasa government has not been happy, especially with Rwanda, which it accuses of supporting M23, a claim denied by Kigali.

M23 has been fighting fiercely with the Congolese army and claims to be protecting the Tutsi communities against the government and other rebel groups.

Kenyatta said communities must accommodate each other to build a stable and peaceful nation.

“We have no choice but to live in peace with our neighbors and if we differ, it’s your responsibility to make sure that you get a solution and call them to a peace talk so that you can build your village, towns, region and country together,” Kenyatta said in Swahili.

The Congolese government said the peace talks are not about only the M23 rebel group but all other armed groups operating in the country.

Serge Tshibangu, special envoy to the DRC president, said this is the last time the government is engaging in talks with rebel groups. He warned rebel groups who are not part of this process that there is still time to join the peace process and that they didn’t want to be left behind and end up killed by regional forces down the line.

There have been previous peace talks between the government and rebel groups, but all have failed to bring peace.

The current talks are expected to end over the weekend.