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A divided Supreme Court on Tuesday made it harder for environmental regulators to limit water pollution, ruling for San Francisco in a case about the discharge of raw sewage that sometimes occurs during heavy rains. By a 54 vote, the court’s conservative majority ruled that the Environmental Protection Agency overstepped its authority under the Clean Water Act with water pollution permits that contain vague requirements for maintaining water quality. The decision is the latest in which conservative justices have reined in pollution control efforts. Justice Samuel Alito wrote for the court that the EPA can set specific limits that tell cities and counties what can be discharged. But the agency lacks the authority to include end-result provisions, Alito wrote, that make cities and counties responsible for maintaining the quality of the water, the Pacific Ocean in this case, into which wastewater is discharged. When a permit contains such requirements, a permittee that punctiliously follows every specific requirement in its permit may nevertheless face crushing penalties if the quality of the water in its receiving waters falls below the applicable standards, he wrote. One conservative justice, Amy Coney Barrett, joined the court’s three liberals in dissent. Limits on discharges sometimes still don’t insure water quality standards are met, Barrett wrote. The concern that the technology-based effluent limitations may fall short is on display in this case, Barrett wrote, adding that “discharges from components of San Franciscos sewer system have allegedly led to serious breaches of the water quality standards, such as discoloration, scum, and floating material, including toilet paper, in Mission Creek. The case produced an unusual alliance of the liberal northern California city, energy companies, and business groups. The EPA has issued thousands of the permits, known as narrative permits, over several decades, former acting general counsel Kevin Minoli said. The narrative permits have operated almost as a backstop in case permits that quantify what can be discharged still result in unacceptable water quality, Minoli said. With the new restrictions imposed by the court, the question is what comes in place of those limits, Minoli said. Alito downplayed the impact of the decision, writing that the agency has the tools needed to insure water quality standards are met. Mark Sherman, Associated Press
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Over the past two weeks, a series of actions by Robert F. Kennedy Jr.’s Department of Health and Human Services (HHS) has seemed to validate the concerns of those who warned about having an outspoken vaccine skeptic in the nations leading health role. As the U.S. experiences its worst flu season in more than a decade, a multistate measles outbreak, and surging cases of avian flu in poultry, dairy cattle, and people, federal agencies under Kennedy’s command have put the brakes on key initiatives designed to protect us against these very problems. On February 20, the Centers for Disease Control confirmed the postponement of a scheduled March 13 meeting of the Advisory Committee on Immunization Practices (ACIP), an expert panel that develops national vaccine recommendations. On February 27, the Food and Drug Administration confirmed that an upcoming meeting of an independent advisory panel that recommends which variant of the seasonal flu vaccine should be produced was canceled. The same week, Bloomberg broke the news that HHS is reevaluating a $590 million contract with Moderna for the development of an mRNA vaccines for bird flu that was granted in the last days of the Biden administration. Fast Company spoke, on record and on background, with experts in industry, government, and public health about the potential impact of impact of these decisions nowand in the future. Will drugmakers know what flu vaccine to make next year? Heres the good news. The flu vaccine strain selection is part of a global process led by the World Health Organization, says Rick Bright, who served as director of Biomedical Advanced Research and Development Authority (BARDA), an agency within HHS, from 2016 to 2020. Bright explains that after the WHO’s annual meeting to determine the next year’s flu strain, the U.S. government holds a duplicate meeting to where they consistently endorse he same strain selection. “If the FDA were to come through a month after the WHO meeting and say, we would prefer to have a different strain, it would be a significant delay because the manufacturer would have to make a specific vaccine just for the United States,” says Bright. “Thats never happened and never will. The WHO announced its northern hemisphere recommendations for the viral composition of influenza vaccines for the 20252026 flu season on February 28, which the WHO says were informed by input from the CDC. (President Trump has signed an executive order withdrawing the U.S. from the WHO, but it won’t go into effect until January 2026.) “We have already begun production for the 20252026 flu season in the Northern Hemisphere and will be ready to support final strain selections in time for the season,” said a spokesperson for Sanofi, the largest seasonal flu vaccine manufacturer globally, via an emailed statement. Even without the meeting, there still seems to be some form of guidance coming from the U.S. government. HHS spokesperson Andrew Nixon has stated that the FDA will make public its recommendations to manufacturers in time for updated vaccines to be available for the 20252026 influenza season. A spokesperson for GlaxoSmithKline, a major producer of flu vaccines, said via email: We continue to work with the FDA on its flu strain recommendation for the U.S. Will there be delays in other vaccines? The postponement of the February meeting of the Advisory Committee on Immunization Practices (ACIP) set off alarms among health experts, prompting an open letter from the nonprofit Partnership to Fight Infectious Diseases. Signed by dozens of medical associations, advocacy groups, and leaders in medicine and public health, the letter calls for the meeting to be rescheduled to ensure Americans receive the information needed to protect themselves against vaccine-preventable illnesses, confirming immunizations importance in the mission to make America healthier. The American Academy of Pediatrics joined the call for prompt rescheduling. Were alarmed that the meeting has been postponed, particularly in one of the worst flu seasons in years, AAP president Susan J. Kressly, MD announced. The AAP relies on this information when forming our own recommendations for child and adolescent vaccine schedules. The meeting delay could also impact the ability of insurers to make coverage decisions about vaccines for the coming year, a process that often begins in the spring. A draft agenda for the meeting included votes on new meningococcal, chikungunya, flu, and RSV vaccines, and discussion of an FDA-approved influenza nasal spray. According to a statement on the ACIP website, the meeting was postponed to accommodate public comment in advance of the meeting, and ACIP workgroups met as scheduled this month and will present at the upcoming ACIP meeting. When that meeting will happen isnt cleara new meeting date has not been announced. (Politico has reported that Kennedy is considering removing members for alleged conflicts of interest.) Its also worth noting that the ACIP meeting information page has no updated instructions or the required docket number for submitting a public comment. Drugmakers are expressing confidence they can continue to deliver vaccines in timeat least for now. The 2025 Immunization Schedules approved by ACIP were adopted by the CDC last October. Its important to note that this does not affect current CDC recommendations for available vaccines, a spokesperson for Pfizer said via email. We will be prepared to address any future ACIP agenda items pertaining to Pfizer when the meeting is rescheduled. Whats happening with bird flu vaccines? Variants of H5N1 highly pathogenic bird flu have moved from poultry to dairy cattle in 17 states. And there are now 70 confirmed cases in people. So far, the virus has not been transmitted from person to person. But if that happens, were going to want a vaccine right away. Will we have one at the ready? There are currently three licensed H5N1 vaccinesmade by GSK, CSL Seqirus, and Sanofi. The GSK and Sanofi vaccines are made in eggs. The CSL vaccine is produced by growing viruses in cell culture. There is a stockpile of these vaccines, but none are currently available commercially, and none of it is matched to the most recently circulating strains of the virus, says Bright. If a pandemic were to take off, they would need to refresh and update those vaccines and using the egg-based technology, it would take six to nine months to make that new strain to get it out on the street. As we saw during COVID, mRNA-based vaccines can quickly target new virus variants, and are much faster to produce. With support from BARDA, Moderna has been developing an mRNA-based vaccie for avian flu for the past several years. That vaccine candidate is on the verge of entering pivotal Phase 3 trials. So, it was a surprise when last week, Bloomberg reported that the government was reviewing a nearly $600 million contract with Moderna, signed in the last days of the Biden administration. The funding was intended to to help the company develop and test its H5N1 vaccine and vaccines for four other subtypes of pandemic-potential influenza. (Currently, there are no mRNA-based flu vaccines.) Four years of the Biden administrations failed oversight have made it necessary to review agreements for vaccine production, Andrew Nixon, the HHS director of communications, told Stat, to explain the contract review. If the funding goes away, I dont see Moderna pursuing this, says a source familiar with BARDAs drug-development partnerships. Theres no other purchaser for avian flu vaccine. Jonathan Kagan, the scientific cofounder and president of Corner Therapeutics, a biotech developing mRNA-based immunotherapies for cancer, says, if I were in the business of making an infectious disease vaccine, I would be sweating a lot more about what happens with Moderna. They are a bellwether, a canary in a coal mine. (A spokesperson for Moderna had no comment on the contract review.) It’s worth noting that Pfizer is also developing an mRNA based avian flu vaccine, now in a Phase 1 study. Kagan and others are hopeful that if U.S. funding goes away, a well-funded international nonprofitThe Coalition for Epidemic Preparedness Innovations, Gavi, UNICEF, Wellcome Trust, or the Gates Foundationmight step in to maintain the momentum. And the review could be just a review. However, says Bright, everything that this new administrations done in the first month regarding H5N1 indicates they don’t take this threat seriously. Theyll be flat-faced when they see this virus take hold and start spreading human to human. Within weeks of a human-to-human transmission of H5N1, they will tuck their tails and run.
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Powerful storms were threatening communities across the country Tuesday with weather ranging from fire in the Southern High Plains to blizzards in the Midwest. Forecasts also predicted dust storms in the southwest, tornadoes in the South and blizzard conditions in the Central Plains, and were forcing forcing some changes to Mardi Gras in New Orleans. The city moved up and shortened the celebration’s two biggest parades. Police were also expected to help keep the parades moving to the finish before winds picked up, authorities said. The weather wasnt stopping Shalaska Jones and her 2-year-old daughter from waving at passing Mardi Gras floats Tuesday and hoping to catch one of the coveted coconuts thrown to the crowd. We was coming out rain, sleet, or snow, Jones said. The alarming forecast was one of the first big tests for the National Weather Service after hundreds of forecasters were fired last week as part of President Donald Trump’s moves to slash the size of the federal government. Former employees said the firing of meteorologists who make crucial local forecasts across the U.S. could put lives at risk. Country faces a number of weather threats Dust storms brought near-zero visibility to parts of New Mexico and west Texas on Monday, prompting the National Weather Service to issue Dust Storm Warnings. Widespread blowing dust” was expected Tuesday, said the weather service office covering Midland and Odessa, Texas. The week’s strong weather system will bring a threat of blizzard conditions, high winds, flash flooding, severe weather, dust storms, and critical to extreme fire weather conditions to the nations heartland, according to a weather service update Monday. The Central Plains and Midwest were bracing for blizzard conditions later Tuesday that forecasters warned could make travel treacherous and potentially life-threatening. The Nebraska Department of Transportation warned that conditions could mean low visibility and whiteout conditions across the state and urged travelers to adjust their plans for Tuesday afternoon and into the night. On Tuesday, twisters, damaging winds, and large hail were all possible as a strong storm system was set to move across the nation’s midsection into Arkansas, Louisiana, and Mississippi, the federal Storm Prediction Center warned. Tornado watches and warnings were issued Tuesday morning in Oklahoma, Texas, and Arkansas. Storms that swept through Texas and Oklahoma early Tuesday morning brought high winds and rain, overturning tractor-trailers and damaging roofs. Power outages were climbing Tuesday morning in the storms wake, with nearly 400,000 customers without power in Texas and another 25,000 knocked offline in Oklahoma, according to PowerOutage.us, which tracks outages nationwide. The bull’s-eye for a heightened risk of severe weather was an area stretching from east Texas to Alabama thats home to more than seven million people. Cities under threat included Baton Rouge and Shreveport in Louisiana; Jackson, Mississippi; and Mobile, Alabama. Region braces for severe weather during Mardi Gras New Orleans Police Superintendent Anne Kirkpatrick ordered parade-goers to not bring umbrellas, tents, or anything that could fly in the wind and cause mayhem. Just outside New Orleans in neighboring Jefferson Parish, officials canceled planned Mardi Gras Day parades due to anticipated high winds and thunderstorms. This is disappointing, but our top priority is ensuring the well-being of everyone in our community, and we must always prioritize safety above all else, Jefferson Parish President Cynthia Lee Sheng said in a statement. Mardi Gras floats could become unstable and heavy winds could blow down trees and power lines, the National Weather Service warned, adding gusts of up to 60 mph (97 kph) were expected Tuesday afternoon. In Pointe Coupee Parish, near Louisianas capital city of Baton Rouge, the incoming weather forced drastic changes to one of the oldest Mardi Gras celebrations in the state. The parade there was scheduled to roll without any bands, marching teams, or dance groupsa staple of Carnival Season parades. Officials also moved up the start time and urged residents to immediately remove all tents and trash afterward due to the dangers they can present during weather. Other cities with Mardi Gras parades watching forecasts Elsewhere, large crowds were expected Tuesday for Mardi Gras celebrations in Mobile, Alabama. Police said they were monitoring the forecast and would announce any celebration changes. Other cities hosting large events included Biloxi, Mississippi, where an annual parade was set for Tuesday afternoon. In downtown Pensacola in the Florida Panhandle, organizers were planning a Big Easystyle festival that included food trucks, dancing, live entertainment, and a low country seafood boil. Jeff Martin and Jack Brook, Associated Press Associated Press writers Sara Cline, Freida Frisaro, and Susan Montoya Bryan contributed to this report.
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