by AZ Free News | Aug 3, 2021 | News
Arizona Congressman Paul Gosar hopes a bill he has introduced will add some transparency to the murky bureaucratic process used to shape environmental policy.
Gosar says his NEPA (National Environmental Policy Act) Data Transparency and Accountability Act, “would empower Americans to see and understand the full bureaucratic costs of NEPA by requiring each federal agency to report to Congress on its NEPA activity every year.”
“Over the last 50 years, NEPA has become weaponized by those who oppose projects and want to stop economic development. Endless delays and lawsuits are used to prevent infrastructure projects and job creation throughout the country. The increasingly complex bureaucratic process has also dramatically increased the cost and timeline to complete projects. Today, on average, the NEPA process takes 5.2 years for completion,” said Gosar. “By requiring clear transparency, this bill will allow Americans to analyze the costs of our expensive and burdensome NEPA system.”
NEPA requires environmental review prior to authorizing actions such as the permitting of infrastructure projects. During the Trump administration, it was revised to exempt a large class of projects from environmental review and eliminates the requirement to analyze a project’s indirect and cumulative effects, among other things.
The Biden administration is reversing the Trump revision, an act the Montana governor called a “job-killing decision.”
by Corinne Murdock | Aug 2, 2021 | News
By Corinne Murdock |
Scottsdale’s FnB Restaurant will require patrons to show proof of their vaccination – one of the first restaurants to do so in the valley. However, being vaccinated won’t exempt patrons from masking. FnB will still require that, too.
FnB Restaurant owners Charlene Badman and Pavle Milic issued the vaccination announcement last week on their Instagram page. Their required proof of vaccination upon entry will go into effect on Wednesday.
“With the latest trends regarding the highly transmissible Delta variant, we have decided for the good of all to add another layer of safety for our staff – who is fully vaccinated and still required to wear masks, in addition to the same safety standards pre-vaccine – and our guests who have been vaccinated,” wrote the owners. “Starting Wednesday, August 4th, you will be required to show proof of your coronavirus vaccination card, or a picture of it on your phone. We know some of you might not agree with our decision, but know it comes from a place of deep desire to take care of you and our team. As per usual, thank you for sticking with us during these uncharted times. We have come a long way with vaccinations, let’s not stop halfway.”
The restaurant appears to have taken initiative from the Biden Administration’s latest announcements last week. Last Monday, the Department of Justice (DOJ) Office of Legal Counsel (OLC) declared in an opinion that both public and private entities could legally mandate emergency use authorization (EUA) vaccines like the COVID-19 vaccine. The next day, the CDC updated its guidance to recommend that even fully vaccinated individuals wear masks in areas with high transmission rates.
FDA law states that individuals may be informed of their option to accept or refuse an EUA medical treatment like the COVID-19 vaccine.
“(e) CONDITIONS OF AUTHORIZATION (1) UNAPPROVED PRODUCT (A) Required conditions: With respect to the emergency use of an unapproved product, the Secretary, to the extent practicable given the applicable circumstances described in subsection (b)(1), shall, for a person who carries out any activity for which the authorization is issued, establish such conditions on an authorization under this section as the Secretary finds necessary or appropriate to protect the public health, including the following: […] (ii) Appropriate conditions designed to ensure that individuals to whom the product is administered are informed – […] (III) of the option to accept or refuse administration of the product, of the consequences, if any, of refusing the administration of the product, and of the alternatives to the product that are available and of their benefits and risks.”
In their interpretation of the FDA statute, the DOJ OLC opinion claimed that the FDA law granting EUA for vaccines or other medical treatments only pertained to informing the recipient.
“[That section] concerns only the provision of information to potential vaccine recipients and does not prohibit public or private entities from imposing vaccination requirements for vaccines that are subject to EUAs,” wrote the OLC. “By its terms, the provision directs only that potential vaccine recipients be ‘informed’ of certain information, including ‘the option to accept or refuse administration of the product’ […] In the sense used here, the word ‘inform’ simply means to ‘give (someone) facts or information; tell.’ […] Consistent with this understanding, the conditions of authorization that FDA imposed for the COVID-19 vaccines require that potential vaccine recipients receive FDA’s Fact Sheet […] which states that recipients have a ‘choice to receive or not receive’ the vaccine[.] Neither the statutory conditions of authorization nor the Fact Sheet itself purports to restrict public or private entities from insisting upon vaccination in any context.” (emphasis added)
The DOJ OLC did add, in the footnotes, that its opinion didn’t speak to federal, state, or local laws that may restrict vaccine mandates.
Although OLC shared its opinion with the public at the end of last month, it was originally submitted to President Joe Biden’s deputy counsel as early as July 6. The next day, the CDC published its updated guidance on masking.
Governor Doug Ducey has supported voluntary vaccinations. Last week, Ducey issued a statement discussing vaccination’s importance as the Delta variant continues to spread.
Corinne Murdock is a contributing reporter for AZ Free News. In her free time, she works on her books and podcasts. Follow her on Twitter, @CorinneMurdock or email tips to corinnejournalist@gmail.com.
by Terri Jo Neff | Aug 2, 2021 | News
By Terri Jo Neff |
Landlords across America are owed more than $15.3 billion in rent arrears, and that amount is expected to hit nearly $19 billion by December, according to a report released last week by the Federal Reserve Bank of Philadelphia just as a federal moratorium on residential evictions expired.
In Arizona, residential rent debt – including utility costs normally paid to a landlord or management company- is estimated at more than $292,000 million across 43,900 households, That represents 5.9 percent of all renter households in the state, just above the national average of 5.8 percent out of 6.5 million households.
The Fed Reserve statistics are based on estimated rent arrears related directly to a loss of employment revenue during the COVID-19 pandemic. It is estimated that roughly 138,500 Arizonans -and more than another 15 million people nationwide- are in arrears under that criteria alone.
The justice courts in Arizona’s 15 counties are expecting an onslaught of new evictions filings, as well as a push for removal notices from landlords who previously filed for and received an order for eviction but were prevented from enforcement due to the moratorium implemented by the Centers for Disease Control and Prevention (CDC).
Arizona officials received nearly $1 billion in rental assistance, but agencies, renters, and landlords say the programs are paying out at a snail’s pace, leaving renters and landlords alike in a precarious financial position.
Many of the households that are expected to be evicted in Arizona in the coming weeks have reported not having another place to move to, in part due to damaged credit ratings and a loss of savings during the pandemic. On the flip side, many landlords in some parts of the state have a waiting list of prospective tenants ready with cash in hand to move in once non-paying tenants can be forced to move out.
Timed with the Fed Reserve’s July 30 report, President Joe Biden called on state and local governments to “take all possible steps to immediately disburse” the $45 billion of emergency funding approved by Congress as part of the American Rescue Plan.
“There can be no excuse for any state or locality not accelerating funds to landlords and tenants that have been hurt during this pandemic,” the president said. “Every state and local government must get these funds out to ensure we prevent every eviction we can.”
In the meantime, the Federal Housing Finance Agency is requiring all landlords of rental properties with Fannie Mae or Freddie Mac mortgages to give renters a 30-day notice to vacate before requiring them to leave, regardless of any local court-issued eviction order.
The CDC’s eviction moratorium had been extended several times before it expired July 31. The moratorium does not relieve renters of the legal obligation of paying rent, as well as any late fees, penalties, or interest. Those ancillary costs owed by renters are not included in the Fed Reserve estimates of renter debt.
The moratorium also required renters to attest to suffering a “substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses. In addition, renters were required to certify they have undertaken “best efforts to obtain all available government assistance for rent or housing.”
Renters were also required to pledge their “best efforts” toward making “as close to the full payment as the individual’s circumstances may permit, taking into account other non-discretionary expenses,” and that if evicted, they would likely become homeless.
Eviction protection was waived under the CDC moratorium for renters who violated other terms of a lease, such as being convicted of committing criminal activity on the premises, damaging the property, or violating health ordinances or building code.
by AZ Free News | Aug 1, 2021 | News
TUCSON, AZ – Tucson Sector Border Patrol Agent Dan Cox, and a civilian motorist died in a head-on collision on State Route 86 outside of Sells, Arizona at 12:20 a.m. Saturday, July 31.
According to Chief Patrol Agent John R. Modlin, multiple emergency response agencies, including a life flight, responded to the scene.
A short time after the collision, both the Agent Cox and the sole occupant driver of the other vehicle were pronounced dead on the scene.
by Corinne Murdock | Jul 31, 2021 | Education, News
By Corinne Murdock |
Phoenix Union High School District (PXU) announced on Friday that they would ignore state law and implement a mask mandate, effective Monday – the first day of classes. PXU blamed the increased spread of the Delta variant for the restored mask mandate. The district said it would prioritize the new CDC guidance over the law.
“We teach and trust science, follow guidelines and recommendations from health experts, and use health data to drive our decisions. The science is clear that the best way to protect yourself and your family from COVID-19 and known variants is to get vaccinated,” announced PXU. “In an effort to protect our staff, students, and community, PXU has a good faith belief that the following guidance from the CDC and other health agencies regarding mitigation strategies is imperative. Therefore, Phoenix Union will begin the school year on August 2 enforcing our existing Board-adopted mask requirement of universal indoor masking only, regardless of vaccination status.”
In a subsequent interview, PXU Superintendent Chad Gestson echoed the rationale offered in the announcement letter. He asserted that science was more important than the law.
“We’ve been faced with so many challenging decisions,” said Gestson. “And I think what’s been most challenging is that we are institutions that teach science and trust science and from time to time are forced to make a decision that maybe conflicts with state law or state mandate or an executive order in order to follow science and medical guidelines. We have said from day one that we would always prioritize the health and safety of our community.”
The state ban on mask mandates was effective as of June 30, per a retroactivity clause. Ducey’s spokespersons responded in emails that PXU’s mandate was unenforceable.
Governor Ducey believes the decision by Phoenix Union requiring masks has no teeth. It’s not allowed under Arizona law. It’s unenforceable. Arizona is not anti-mask, we’re anti-mask mandate. As the governor has often said, mask usage is up to parents. If a parent wants their child to wear a mask at school, they are free to do so. This is not a state decision. Ultimately, this is about personal responsibility and parental choice – something Arizona has long-supported. School administrators should be doing everything they can to encourage eligible students and staff to get vaccinated, not break state law. Health professionals in Arizona and across the country have made it clear: our kids are safe in the classroom. We need to keep students in their classrooms, and the governor wants to ensure there are limited disruptions when it comes to their education. Arizona is not going to mandate masks in any learning environment.
On Tuesday, Ducey responded to the updated CDC guidance recommending that everyone wear masks, including fully vaccinated individuals. He reiterated that Arizona law doesn’t allow mask mandates, vaccine mandates, vaccine passports, or any level of discrimination in schools based on vaccination status. Ducey called the CDC’s updated guidance an example of the Biden Administration’s failure in handling the COVID-19 pandemic.
“Public heatlh officials in Arizona and across the country have made it clear that the best protection against COVID-19 is the vaccine,” asserted Ducey. “Today’s announcement by the CDC will unfortunately only diminish confidence in the vaccine and create more challenges for public health officials – people who have worked tirelessly to increase vaccination rates.”
Ducey has yet to issue a formal statement on PXU’s mask mandate.
Corinne Murdock is a contributing reporter for AZ Free News. In her free time, she works on her books and podcasts. Follow her on Twitter, @CorinneMurdock or email tips to corinnejournalist@gmail.com
by AZ Free News | Jul 31, 2021 | News
Governor Doug Ducey on Friday ordered flags at all state buildings be lowered to half-staff from sunrise to sunset tomorrow, July 31, 2021, to honor Tucson Emergency Medical Technician Jacob Dindinger, who last night died from his injuries from a shooting earlier this month as he was responding to a house fire.
“Jacob Dindinger was a brave, selfless member of our community whose life was taken far too soon,” said Governor Ducey. “Arizona’s deepest prayers are with Jacob’s family, loved ones, his fellow first responders and everyone who has been impacted by the senseless, violent act that took place while he was working to help and protect others. In honor of Jacob’s life and service to our state, I’ve ordered flags be lowered to half-staff.”
Jacob Dindinger served as an Emergency Medical Technician for American Medical Response in Tucson, Arizona. He was 20 years old and graduated from Canyon Del Oro High School in 2019 before starting as an EMT in March 2021. He sustained critical injuries after being shot by a suspect while responding to a house fire on July 18 and died from his injuries last night, July 29.
