“What the city is actually doing is outsourcing responsibility for getting people vaccinated to private local businesses. Fines for failure to comply with the law fall not on the unvaccinated people attempting to get into restaurants and movie theaters, but on the businesses that fail to catch them. Fines start at $1,000 (beginning with the second violation) and can reach as high as $5,000 per citation.”
“Before being able to break ground on a new hospital there, Piedmont Medical Center had to navigate the state’s Certificate-of-Need (CON) process, which in this case required going all the way to the state Supreme Court to fend off a legal challenge from a competitor. All that to build a 100-bed facility that the South Carolina Department of Health and Environmental Control had determined, all the way back in 2004, was indeed needed in the region.
Unfortunately, “need” is not enough in many cases. Like how zoning laws and mandatory environmental reviews might be well-intentioned policies but are frequently wielded by “not in my backyard” (NIMBY) activists as a way to tangle new development in costly piles of red tape, the CON laws on the books in many states can be used by existing hospitals to delay or prevent new facilities from opening.
That’s exactly what happened in Fort Mill. A hospital chain based in Charlotte challenged Piedmont Medical Center’s plans for a new facility, then sued to block the state’s decision to give Piedmont permission to build the hospital. The litigation cost thousands of dollars and delayed construction by several years. Researchers at the Americans for Prosperity Foundation, a free market think tank, argue that even the threat of such lengthy, expensive reviews ends up deterring investments that would otherwise take place.”
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“Artificially limiting the supply of health care services can be a major issue when a pandemic or other emergency strikes, of course, but CON laws harm public health even without the help of a novel coronavirus. States with CON laws have higher mortality rates for patients with pneumonia, heart failure, and heart attacks, according to research published in 2016 by the Mercatus Center, a free market think tank that argues for repealing CON laws. Other studies show that CON laws contribute to health care shortages in rural areas because they force medical providers to focus on wealthier, more populated areas in order to make up for the added costs imposed by the CON process.”
“”Today, when you buy a Big Mac or a T-bone, a portion of the cost is a tax on beef, the proceeds from which the government hands over to a private trade group called the National Cattlemen’s Beef Association (NCBA),” Washington Monthly reported in 2014. “The NCBA in turn uses this public money to buy ads encouraging you to eat more beef.””
“The Wall Street Journal reports that Walmart, Target, Costco, and Home Depot are among the major retailers to adopt the “if you want something done right, do it yourself” approach to importing goods. Worker shortages and COVID-19 protocols have slowed trans-Pacific shipping considerably—it now takes about 80 days to transport items from Asia to the U.S., about twice as long as it did before the pandemic, the Journal reports.”
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“many of the bottlenecks are domestic issues. For example, major ports in Europe and Asia operate around the clock, but American ports run at about 60 percent capacity because they close at night and on Sundays. Even when dozens of ships are waiting to be unloaded, inflexible union rules that govern dockworkers’ and truckers’ hours make it difficult to meet swelling demand.
By chartering smaller, private ships to carry their goods, retailers like Walmart are hoping to bypass the backlogs by landing at smaller ports up and down the east coast. That will cost more money—and those costs will be passed onto consumers—but that’s better than running out of inventory during the Christmas rush. Home Depot, for example, is relying on chartered ships to deliver only a small percentage of its overall inventory with a focus on high-demand items like plumbing supplies, power tools, holiday decor, and heaters, the Journal reports.
Getting goods onshore is only half the battle. There are plenty of other bottlenecks to be navigated, like a 25-mile freight train backup that occurred at a major shipping facility outside Chicago earlier this year. At the port in Savannah, Georgia, The New York Times reports that workers are “running out of places to put things” as they unload ships, snarling both ground- and sea-based transportation.”
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“”The coronavirus pandemic has snarled global supply chains in several ways. Pandemic checks sent hundreds of billions of dollars to cabin-fevered Americans during a fallow period in the service sector. A lot of that cash has flowed to hard goods, especially home goods such as furniture and home-improvement materials. Many of these materials have to be imported from or travel through East Asia. But that region is dealing with the Delta variant, which has been considerably more deadly than previous iterations of the virus. Delta has caused several shutdowns at semiconductor factories across Asia just as demand for cars and electronics has started to pick up. As a result, these stops along the supply chain are slowing down at the very moment when Americans are demanding that they work in overdrive.””
“when it comes to vaccine mandates, the relevant question is whether an unvaccinated person with natural immunity is substantially more likely to catch and transmit the coronavirus than a vaccinated person without natural immunity. On that point, medical experts disagree.
Peter McCullough, a Dallas internist and cardiologist with a public health degree who testified in support of psychiatrist Aaron Kheriaty’s unsuccessful challenge to the University of California’s vaccine mandate, argued that the coronavirus “causes an infection in humans that results in robust, complete, and durable immunity”—a protective effect that is “superior to vaccination-induced immunity.” McCullough emphasized that antibody tests reflect only part of the immune response to a COVID-19 infection, which includes “antibodies to the nucleocapsid and to the spike protein, as well as T-helper cells, natural killer cells, B-cells, and innate immunity.”
By contrast, the Berkeley epidemiologist Arthur Reingold argued in the same case that the university’s blanket vaccine requirement was justified because the strength and longevity of natural immunity are unclear. “While individuals who have had a documented case of COVID-19 typically have antibodies to the SARS-CoV-2 virus detectable in their blood and are believed to have a reduced risk of getting COVID-19 again in the months that follow,” he said, “neither the completeness nor the durability of protection against a second case of COVID-19 has been established. The extent to which any such immunity resulting from having had COVID-19 provides protection against new variants of SARS-CoV-2 is also unknown.””
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“A private employer might conclude that a blanket vaccine requirement is easier to administer than one that makes an exception for previously infected people. The latter approach presumably would require documentation of prior infections. It might also require evidence, similar to the tests cited by Norris, of a robust immune response—although vaccinated people don’t have to produce such evidence, even though their immune responses also vary.
As a matter of public policy, however, that added complication does not seem unreasonably burdensome. The OSHA order described by the Biden administration already includes an exception for employees who agree to be tested at least once a week, which is more expensive and harder to arrange than a one-time requirement that employees document their COVID-19 histories.
Jeffrey Klausner, a clinical professor of population and public health sciences at the University of Southern California, co-authored a systematic review in the journal Evaluation & the Health Professions last month that found “the protective effect of prior SARS-CoV-2 infection on re-infection is high and similar to the protective effect of vaccination,” although “more research is needed to characterize the duration of protection and the impact of different SARS-CoV-2 variants.” While the existing evidence is incomplete, Klausner thinks it is strong enough to justify an exception to vaccine requirements. “From the public health perspective,” he told Kaiser Health News, “denying jobs and access and travel to people who have recovered from infection doesn’t make sense.””
“Passed in 1969, NEPA requires federal agencies to study the environmental impacts of actions they take, whether that’s funding a new highway or approving a new pipeline. Over the decades, the burden imposed by NEPA has grown: The environmental reviews it mandates take years on average to complete and can run hundreds if not thousands of pages.
Donald Trump’s administration tried to streamline things a bit by limiting the environmental effects that agencies had to examine and by putting definitive time and page limits on NEPA reviews.
Even those marginal changes, implemented in September 2020, proved controversial with many environmentalists. Their concerns have resonated with the Biden administration.
“The basic community safeguards we are proposing to restore would help ensure that American infrastructure gets built right the first time, and delivers real benefits—not harms—to people who live nearby,” said CEQ Chair Brenda Mallory on Thursday.
The proposed rule published by the CEQ in the Federal Register would make a number of changes.
Most significantly, it would restore requirements that agencies’ NEPA reviews take into account the indirect and cumulative effects of projects.”
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“Environmentalist groups have generally praised these changes.”
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“Other NEPA experts are more critical, arguing that this is an ineffective and potentially counterproductive way to address climate change.
“All it does is create a little more paperwork,” says Eli Dourado, a senior research fellow at Utah State University’s Center for Growth and Opportunity. “Given the need to build a lot of infrastructure and new technologies and physical stuff in the world, NEPA is probably on net harming our response to climate change.”
Indeed, NEPA has slowed down a number of projects that environmentalists would typically support for their emission-reducing potential.
The U.S. Bureau of Ocean Energy Management’s 2019 decision to perform a cumulative impact analysis under NEPA of a massive wind farm being constructed off the coast of Massachusetts has significantly delayed that project.
It will likewise take years for the federal government to perform a NEPA-mandated review of a plan to charge drivers a toll to enter lower Manhattan. Environmentalists and transit advocates have generally praised that congestion pricing plan for its potential to reduce carbon emissions and to raise money for public transit. The tolls were supposed to be up and running in January 2021. The need to perform an environmental assessment for the project will mean that it now won’t start until 2023 at the earliest.
All the additional green investments the Biden administration and Democrats in Congress want to fund with their $1 trillion infrastructure bill and $3.5 trillion Build Back Better legislation could run into a similar fate.
“It’s making some of the infrastructure projects they want to do radically more expensive,” says Neil Chilson, a senior research fellow at Stand Together. He says the regulatory changes will also empower the nation’s NIMBYs to slow down projects they dislike.”
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“By expanding the number of effects that have to be considered in the NEPA process, the Biden administration is giving project opponents more room to claim that an environmental review is insufficient.
Federal agencies and private project sponsors, in turn, will have to spend more time preparing litigation-proof environmental documents to preempt these complaints, says Chilson.
That could be particularly damaging for solar plants that are proposed to be constructed on public lands in the American west, and which have attracted fierce opposition from local groups concerned about their impact on endangered species and recreational lands.”
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“CEQ has said that reversing those Trump-era tweaks is only the first phase of its planned rulemaking. In a second phase, the administration says, it plans to make more substantive changes that create “efficient and effective environmental reviews.”
That leaves open the possibility that we’ll get more productive reforms later on, says Dourado.”
“A federal judge in August sentenced Daniel Hale to 45 months in federal prison for informing the American public about secret drone killings by the U.S. military.
Hale is a former Air Force intelligence analyst who shared classified documents with reporter Jeremy Scahill. Those documents, published in 2015 at The Intercept and in a book called The Assassination Complex (Simon & Schuster), revealed that secret drone assassinations in Afghanistan, Yemen, and Somalia had likely killed untold numbers of innocent people, a fact the U.S. government had concealed.”
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“Hale’s sentence is an example of how the federal government misuses laws meant for spies who reveal classified information to our country’s enemies. Too often, it punishes citizens who reveal the government’s true behavior to their fellow Americans.”
“It’s called a “keyword warrant,” and it’s basically an open request for information on anyone who searches for particular terms online. Instead of the government saying, “I want all of arson suspect John Doe’s Google searches,” it’s, “I want information on all the people who searched Google for ‘arson.'”
The problem is evident. In the first scenario, investigators have already determined a suspect based on some evidence that they present to a judge, the typical standard for requesting a search warrant. In the second scenario, the government is asking search engines to provide data that they can use for whatever reason. It’s an open invitation for a fishing expedition. And many innocent people could get caught in the net.”
“”Private businesses don’t need government running their business,” an Abbott spokesperson told the Tribune in August.
Apparently, Abbott now thinks they do. By sticking his nose into the affairs of private businesses, Abbott is setting up a potential conflict with some of his state’s biggest employers, including Southwest Airlines and American Airlines—both of which are based in Texas and recently told employees to get the shot if they want to keep their jobs. Mandatory vaccination policies should always include carveouts to cover those who have had a previous COVID-19 infection or have religious or medical reasons for not getting jabbed, of course, but those issues are better worked out between employers and employees.
Abbott’s new mandate also puts some businesses in a tricky situation where they must choose between disobeying state or federal law. President Joe Biden announced last month that all businesses with more than 100 employees would be required to mandate vaccines for their workers (or conduct weekly tests), with the Department of Labor’s Occupational Safety and Health Administration (OSHA) enforcing the mandate.”
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“Vaccines remain by far the best strategy for saving lives and ending the pandemic. It makes sense that businesses would want their employees to be vaccinated. Those who refuse the shot should be free to do so, but they do not have a right to any particular job. None of those decisions should require the coercive efforts of state or federal officials.”