Supreme Court Narrows Federal Jurisdiction Under Clean Water Act

"On May 25, 2023, the Supreme Court decided Sackett v. EPA, a case with significant implications for the scope of federal jurisdiction under the Clean Water Act (CWA). While the Court unanimously agreed that the lower court applied the wrong standard for determining when wetlands are considered “waters of the United States” (WOTUS) based on their adjacency to other jurisdictional waters, it split 5-4 on the appropriate test.

The majority formally adopted the approach taken by a four-Justice plurality in the 2006 case Rapanos v.United States. Under the majority’s test, “waters” are limited to relatively permanent bodies of water connected to traditional navigable waters and to wetlands that are “waters of the United States” in their own right by virtue of a continuous surface connection to other jurisdictional waters so that there is no clear demarcation between the bodies. Wetlands that are neighboring covered waters but are separated by natural or artificial barriers are excluded.

The CWA prohibits discharging certain pollutants into navigable waters, defined as “the waters of the United States, including the territorial seas” without a permit, but the statute does not define WOTUS. The definition of WOTUS is important because it determines which waters are subject to federal government regulations and protections, including CWA permitting programs. In January 2023, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA)—the two agencies tasked with implementing the CWA—issued a final rule redefining WOTUS. (See this report for an in-depth discussion of the rule and the previous regulations promulgated to define the term.) The Court’s ruling in Sackett construes the reach of the CWA more narrowly than the new or previous regulatory interpretations or the approach adopted by the courts of appeals since Rapanos. While the Sackett decision does not directly address the merits of the new rule, its rejection of several elements included in the rule casts doubt on the current regulatory framework. It also evinces the Court’s decreasing reliance on deferential modes of statutory construction as well as its increasing insistence on clear congressional authorization for agency action..."
Supreme Court and Clean Water Act 

CDC Yellow Book

"For over half a century, the CDC Yellow Book has been a trusted resource, providing international travelers and clinicians with expert guidance for safe and healthy travel abroad. Along with disease-specific prevention and treatment recommendations, this comprehensive reference text provides readers with the background and context needed to understand and address health threats associated with all types of international travel.

Featured in this edition:

• Precautions for international travelers during the coronavirus disease 2019 (COVID-19) pandemic
• Updates on practicing travel medicine in a virtual environment
• New standalone vaccine tables for bacterial and viral diseases
• Updated travel health recommendations for highly allergic, immunocompromised, and chronically ill travelers, travelers with substance use disorders, and medical tourists
• Country-specific mosquito avoidance, yellow fever vaccine, and malaria prevention recommendations

For more information, please visit the CDC Yellow Book 2024 website...."
Yellow Book 

FDA Inspection Blitz Leads to More Than 180 Warning Letters to Retailers for the Illegal Sale of Youth-Appealing Elf Bar and Esco Bars E-Cigarettes

"Today, the U.S. Food and Drug Administration is announcing it has issued warning letters to 189 retailers for selling unauthorized tobacco products, specifically Elf Bar and Esco Bars products. Both brands are disposable e-cigarettes that come in flavors known to appeal to youth, including bubblegum and cotton candy. 

“The FDA is prepared to use all of its authorities to ensure these, and other illegal and youth-appealing products, stay out of the hands of kids,” said FDA Commissioner Robert M. Califf, M.D. “We are committed to a multipronged approach using regulation, compliance and enforcement action and education to protect our nation’s youth.” 

The warning letters were the result of a nationwide retailer inspection blitz over the past several weeks cracking down on the sale of these unauthorized e-cigarettes. The FDA continuously monitors the marketplace and took these actions as emerging marketplace data led to concerns over their appeal and risks to young people. More specifically, the agency’s ongoing surveillance efforts helped FDA identify Elf Bar and Esco Bars as being among the most popular brands in the United States and having high youth appeal.

In addition, two studies published today in the Centers for Disease Control and Prevention’s Morbidity & Mortality Weekly Report reinforce concerns about the risks of Elf Bar products among young people. The first study assessed retail sales of e-cigarettes, which typically align closely with patterns of youth use. This study found Elf Bar was the most popular disposable e-cigarette sold in the U.S. in December 2022. That study aligns with recent findings from the International Tobacco Control Survey, which found that as of August 2022, Elf Bar is the top disposable e-cigarette brand reported among persons ages 16 to 19 in the U.S. 

A second study showed thousands of e-cigarette exposure cases reported to U.S. poison centers in the past year, most of which were among kids younger than 5 years old. Among the limited number of cases with brand information reported from April 2022 to March 2023, Elf Bar was cited more than all other brands combined, with nearly all Elf Bar cases occurring among children younger than 5 years old.."
Elf Bar, Esco Bars and E-cigarettes 

Pedestrial Traffic Fatalities by State(2022 preliminary data)

[Governors Highway Safety Association]

"Each year, the Governors Highway Safety Association (GHSA) provides a first look at national and state-level pedestrian fatality data and trends through a Spotlight on Highway Safety report, typically published in late spring or early summer.

This year’s report is divided into three sections. It presents pedestrian fatality projections for all of 2022 based on preliminary data provided by the states, an in-depth analysis of recently released 2021 pedestrian fatality data from the National Highway Traffic Safety Administration’s (NHTSA) Fatality Analysis Reporting System (FARS) and a review of strategies to reduce pedestrian crashes, injuries and deaths. As in previous reports, some preliminary data have been adjusted slightly to account for historical underreporting. A preliminary report analyzing state-reported pedestrian fatality data for the first six months of 2022 was released in February.

The first section of this report presents preliminary 2022 fatality data using information reported to GHSA by all states (except Oklahoma) and the District of Columbia (D.C.). Based on the state data, GHSA projects 7,508 pedestrians were killed in traffic crashes, a 1% increase over the 7,443 pedestrian fatalities recorded by these 49 states and D.C. in 2021. This continues the upward trend that the United States has been experiencing for decades and represents the highest number of pedestrian deaths since 1981.

The second portion of the report analyzes the federal 2021 FARS data (the most recent national motor vehicle-related fatality data available), parsing out various characteristics of pedestrian fatalities. This includes fatality rates (per state population), where and when the crashes occurred, whether speeding or alcohol was involved, the type of vehicle involved and more.

Finally, the report includes examples of state- and community-level efforts to better understand the factors that contribute to pedestrian crashes and fatalities and, more importantly, how to prevent them from happening in the future. There is a particular emphasis on the Safe System approach, which recognizes both human mistakes and human vulnerability and designs a system with many redundancies in place to protect everyone..."
Pedestrial Traffic Fatilities 

Election Worker Safety and Privacy

"Concerns about election workers’ safety and privacy have been reported since the 2020 election, in news reports and testimony before House and Senate committees. Some election workers have raised concerns about their physical safety while performing official duties, as well as threats to their safety and privacy outside the workplace and related psychological effects. Those concerns, along with a perceived increase in politically motivated job scrutiny, have led some to leave, or consider leaving, their roles.

This Insight provides a brief overview of executive branch activities, legislative proposals, and policy considerations related to election worker safety and privacy. For more information, see CRS Legal Sidebar LSB10781, Overview of Federal Criminal Laws Prohibiting Threats and Harassment of Election Workers, by Jimmy Balser.

Background

Federal law prohibits certain types of intimidation of or interference with election workers, including intimidation to discourage serving as a poll watcher or election official or intimidation as a result of such service (18 U.S.C. §245); interference by members of the Armed Forces with election officials’ exercise of their duties (18 U.S.C. §593); and intimidation for helping voters register (52 U.S.C. §20511) or vote (52 U.S.C. §§10307, 20511). Many states have laws that address other threats to election workers, such as through privacy protections for election commissioners. More general laws—such as prohibitions against voter intimidation (e.g., 52 U.S.C. §§10101, 10307, 20511) or harassing or threatening interstatecommunications—might also apply to some conduct.

Some state and local officials have responded to recent reports of threats to election workers with administrative action or legislative proposals. Election officials have included local law enforcement in poll worker trainings, for example, and implemented new security measures in their offices. State legislators have introduced or enacted new prohibitions or protections, including enacted state measures such as a New Hampshire law that prohibits intimidating election officials to interfere with their work, an Oregon law that extends existing privacy protections to election workers, and a Nevada law that provides for new protections against election official doxing and intimidation.."
Election Workers 

AEP Long-Term Trend Assessment Results: Reading and Mathematics (2023)

"The National Center for Education Statistics (NCES) administered the NAEP long-term trend (LTT) reading and mathematics assessments to 13-year-old students from October to December of the 2022–23 school year. The average scores for 13-year-olds declined 4 points in reading and 9 points in mathematics compared to the previous assessment administered during the 2019–20 school year. Compared to a decade ago, the average scores declined 7 points in reading and 14 points in mathematics.

This Highlights report compares performance on the NAEP long-term trend reading and mathematics assessments for age 13 students during the 2022–23 school year to previous assessment results, with a focus on results obtained in the 2019–20 school year. Results reflect the performance of a nationally representative sample of 8,700 thirteen-year-olds in each subject. Performance comparisons are based on statistically significant differences between assessment years and between groups. Explore details about the long-term trend assessments and how they differ from main NAEP assessments..."
Reading and Math Report Card 

Breeding, Bees, and the 4 Ps

"After suffering severe winter losses beginning in 2007, the honey bee population is making a comeback. Still, losses are high, which means beekeepers have to spend a lot of time and money replacing their bees.

Researchers with the U.S. Department of Agriculture’s (USDA’s) Agricultural Research Service (ARS) are responding, by using genetics to selectively breed honey bees to fight the primary perpetrators of the problem – what they call the “four Ps.” According to scientists with the ARS Honey Bee Breeding, Genetics, and Physiology Research (HBBGPR) lab in Baton Rouge, Louisiana, the main issues that honey bees contend with are parasites, pathogens, poor nutrition and pesticides.

Honey bees are important to ecosystems and the agriculture system. Honey bees are America’s primary commercial pollinator and more than 100 U.S.-grown crops rely on honey bees and other pollinators. In addition to their important role in maintaining food security, bees provide income to the entire food production industry from beekeepers and farmers to local retailers and international exporters.

The 5-year project at HBBGPR addresses the four Ps through breeding programs that refine selected genetic traits already present in honey bee populations.

“We are breeding honey bees that are more efficient at processing nutrients in their food and are more resistant to pests, pathogens and pesticides,” said Lanie Bilodeau, research leader at HBBGPR. “Developing healthier and more productive honey bee colonies will help ease the effects of disease and climate change, and improve the food supply at local, national and global scales.”

The project is already reaping positive results, including a comprehensive catalog of genetic variation of commercial and research honey bee populations in the country, and nutritional supplements for colony-wide pathogen treatment..."
Honey Bees 

The High Cost of Oral Disease

"Oral diseases cause pain and disability for millions of Americans. Proven interventions, like dental sealants and fluoridated water, can improve oral health and save money for communities.

Print

Oral diseases—like cavities and gum disease—cause pain and disability for millions of Americans and cost taxpayers billions of dollars each year.¹

Cavities (also known as caries or tooth decay) are one of the greatest unmet health treatment needs. Cavities are the most common chronic disease of childhood,² and more than 1 in 4 adults in the United States have at least one untreated cavity.³

Gum disease is an inflammatory disease that affects the hard and soft structures that support the teeth⁴ and is a leading cause of tooth loss.⁵ Nearly half (46%) of all adults aged 30 or older show signs of gum disease, and severe gum disease affects about 9% of adults.⁶

Oral Diseases Cost Money and Lower Your Quality of Life

Untreated cavities can cause pain and infections that may lead to problems with eating, speaking, playing, and learning. Left untreated, cavities and gum disease can lead to tooth loss. Tooth loss can affect a person’s self-esteem and contribute to social anxiety, lack of social connectedness, or depression.⁷ Severe tooth loss—having 8 or fewer teeth—makes it hard to chew food or have a healthy diet,⁸ which is important for overall health and preventing and controlling other chronic conditions.^9,10

Nearly 18% of working-age adults report that the appearance of their mouth and teeth affects their ability to interview for a job. For people with low incomes, the percentage increases to 29%.⁷

Treating oral disease also costs time and money. Regardless of age, income, or type of insurance, more people report financial barriers to dental care than to any other type of health care.¹¹ Over $45 billion is lost in productivity in the United States each year because of untreated oral disease,¹² and over 34 million school hours are lost each year because of unplanned urgent dental care.¹³ In 2017, there were 2.1 million emergency room visits for dental emergencies. Medicaid pays for about 69% of these visits for children and about 40% for adults.^.."
Oral Disease 

Cancer and Men

"Men have higher rates of getting and dying from cancer than women. You can lower your chance of getting certain kinds of cancer.

Most cancers take years to develop. Many things can affect your chance of getting cancer. Things that raise your chance of getting cancer are called risk factors.

You can’t control some risk factors, like getting older. But you can control many others. In fact, there are things you can do every day to avoid getting cancer. Two of the most important things you can do are making healthy choices and getting the screening tests that are right for you.

Healthy Choices

Quitting smoking is one of the best ways to lower your cancer risk. Smoking can cause cancer almost anywhere in the body. If you don’t smoke, make sure you stay away from other people’s smoke.

The link between smoking and cancer is well-known. But you may be surprised by other things that can lead to cancer.

• Ultraviolet (UV) rays from the sun or artificial sources like a tanning bed, booth, or sunlamp can cause skin cancer, the most common cancer.
• Drinking alcohol raises your risk of getting five kinds of cancer, including liver cancer and colorectal cancer.
• About 40% of all cancers are associated with overweight and obesity.
  

Screening Tests

Screening means checking your body for cancer before you have symptoms. All screening tests have benefits and harms. Screening is recommended when the benefits outweigh the harms.

Colorectal Cancer Screening

If you’re 45 to 75 years old, get screened regularly.

You should start getting screened for colorectal cancer soon after turning 45, and get screened regularly until you’re 75. Several screening tests are available. Some can be done at home, and others are done in a doctor’s office. Talk to your doctor about which test is right for you..."

Cancer & Men 

Sickle Cell Database

"The Centers for Disease Control and Prevention (CDC) is working to improve the lives of people with sickle cell disease (SCD), an inherited blood disorder. Learn about CDC’s SCDC program, and find a suite of online resources that can help you or someone you know live healthy with SCD.

Sickle cell disease (SCD) is a blood disorder present at birth. People with SCD have sickle-shaped red blood cells that stick together and block blood and oxygen from reaching all parts of the body, leading to health problems such as pain, anemia, infections, and stroke. Approximately 100,000 Americans are affected by SCD. CDC is committed to studying SCD to improve the health and care of people with this condition.

The Sickle Cell Data Collection (SCDC) Program

The SCDC program works with teams in the shaded states on the map below to collect and link data from several sources.

The SCDC program, which has been ongoing since 2015, collects health information about people with SCD to study the long-term trends in diagnosis, treatment, and healthcare access for people with SCD in the United States. Currently, there are 11 states participating in the SCDC program. As more resources become available, CDC plans to expand the program to include additional states. The program will help inform policy and healthcare standards to improve and extend the lives of people with SCD.

Learn more about the SCDC program:

• SCDC Program Fact Sheet
• SCDC Surveillance Summary
• SCDC Program Data
• SCDC Publications
• SCDC Policy Memo: Understanding Sickle Cell Disease: CDC’s Role in Surveillance, Education, and Awareness
• The Bloodline Newsletter is a quarterly e-newsletter providing updates about the SCDC Program. Visit the webpage to subscribe..."
  Sickle Cell Collection 

Frequently Asked Questions Concerning Presidential Records and the Presidential Records Act

"Media Alert ·Friday, June 9, 2023

Washington, DC

Recent media reports have generated a large number of queries about Presidential records and the Presidential Records Act (PRA), 44 U.S.C. 2201-2209. The PRA requires that all records created by Presidents (and Vice-Presidents) be turned over to the National Archives and Records Administration (NARA) at the end of their administrations. Below is additional information about how NARA carries out its responsibilities under the PRA. Please note that the PRA treats the records of the President and those of the Vice President in almost the same manner such that, in most cases below, President and Vice President can be used interchangeably. 

 

How much time do outgoing Presidents have to go through their papers to determine what to retain as personal documents?   

The Presidential Records Act (PRA) requires the President to separate personal documents from Presidential records before leaving office. 44 U.S.C. 2203(b). The PRA makes clear that, upon the conclusion of the President’s term in office, NARA assumes responsibility for the custody, control, preservation of, and access to the records of a President. 44 U.S.C. 2203(g)(1). The PRA makes the legal status of Presidential records clear and unambiguous, providing that the United States reserves and retains “complete ownership, possession, and control of Presidential records.” 44 U.S.C. 2202. There is no history, practice, or provision in law for presidents to take official records with them when they leave office to sort through, such as for a two-year period as described in some reports. If a former President or Vice President finds Presidential records among personal materials, he or she is expected to contact NARA in a timely manner to secure the transfer of those Presidential records to NARA. 

 

How does NARA store the records of an outgoing President after the end of an administration?

In the past, and in accordance with the Presidential Libraries Act (44 U.S.C. 2112), former Presidents would fund, build, endow, and donate to NARA a traditional Presidential Library (NARA-operated traditional Presidential Libraries exist from Presidents Hoover through George W. Bush). Accordingly, NARA would arrange to move the Presidential records to a temporary NARA facility near the designated location of the forthcoming Library – e.g., Hoffman Estates, IL, for the records of President Obama (who subsequently decided not to build a Presidential Library for NARA, see below); Dallas, TX, for President George W. Bush; Little Rock, AR, for President Clinton. In each case, the facility was modified to meet NARA requirements for records storage and security, NARA had physical and legal custody of the records from the end of the Administration, and the temporary facility was under the exclusive control of NARA.

NARA no longer expects to move Presidential records to a temporary facility outside of Washington, DC, given the relatively small volume of paper Presidential records created by recent administrations, as compared to the huge volume of electronic records and the strong interest in the digitization of paper records. In addition, the increased endowment requirements first applicable to President Obama under the Presidential Libraries Act may impact decisions by former Presidents concerning whether to build a traditional Presidential Library for NARA. 

Prior to the end of his administration, President Trump did not communicate any intent to NARA with regard to funding, building, endowing, and donating a Presidential Library to NARA under the Presidential Libraries Act. Accordingly, the Trump Presidential records have been and continue to be maintained by NARA in the Washington, DC, area, and there was no reason for NARA to consider a temporary facility in Florida or elsewhere..."
Presidential Records 

Air Quality Index (AQI) Basics

"What is the U.S. Air Quality Index (AQI)?

The U.S. AQI is EPA’s index for reporting air quality.

How does the AQI work?

Think of the AQI as a yardstick that runs from 0 to 500. The higher the AQI value, the greater the level of air pollution and the greater the health concern. For example, an AQI value of 50 or below represents good air quality, while an AQI value over 300 represents hazardous air quality

For each pollutant an AQI value of 100 generally corresponds to an ambient air concentration that equals the level of the short-term national ambient air quality standard for protection of public health. AQI values at or below 100 are generally thought of as satisfactory. When AQI values are above 100, air quality is unhealthy: at first for certain sensitive groups of people, then for everyone as AQI values get higher.

The AQI is divided into six categories. Each category corresponds to a different level of health concern. Each category also has a specific color. The color makes it easy for people to quickly determine whether air quality is reaching unhealthy levels in their communities.

Daily AQI Color	Levels of Concern	Values of Index	Description of Air Quality
Green	Good	0 to 50	Air quality is satisfactory, and air pollution poses little or no risk.
Yellow	Moderate	51 to 100	Air quality is acceptable. However, there may be a risk for some people, particularly those who are unusually sensitive to air pollution.
Orange	Unhealthy for Sensitive Groups	101 to 150	Members of sensitive groups may experience health effects. The general public is less likely to be affected.
Red	Unhealthy	151 to 200	Some members of the general public may experience health effects; members of sensitive groups may experience more serious health effects.
Purple	Very Unhealthy	201 to 300	Health alert: The risk of health effects is increased for everyone.
Maroon	Hazardous	301 and higher	Health warning of emergency conditions: everyone is more likely to be affected.

See the Activity Guides to learn ways to protect your health when the AQI reaches unhealthy levels.

---

Five major pollutants

EPA establishes an AQI for five major air pollutants regulated by the Clean Air Act. Each of these pollutants has a national air quality standard set by EPA to protect public health:

• ground-level ozone
• particle pollution (also known as particulate matter, including PM2.5 and PM10)
• carbon monoxide
• sulfur dioxide
• nitrogen dioxide

Using the Air Quality Index
Technical Assistance Document for the Reporting of Daily Air Quality – the Air Quality Index.."

How to Prevent Measles

"Measles cases in the United States originate from unvaccinated international travelers.

If you plan to travel internationally, make sure you and your loved ones are protected against measles before departure, no matter where you are going.

Planning a trip outside the U.S.?

Find out if you need measles vaccine

Which travelers are at risk?

You are at risk of measles infection if you have not been fully vaccinated or have not had measles in the past and you travel internationally to areas where measles is spreading.

Before international travel: Make sure you’re protected against measles

The best way to protect yourself and your loved ones from measles is by getting vaccinated. You should plan to be fully vaccinated at least 2 weeks before you depart. If your trip is less than 2 weeks away and you’re not protected against measles, you should still get a dose of the measles-mumps-rubella (MMR) vaccine. The MMR vaccine protects against all 3 diseases.

• Two doses of MMR vaccine provide 97% protection against measles.
• One dose provides 93% protection.

Call your doctor, your local health department, or locate a pharmacy or clinic near you to schedule an appointment for a MMR vaccine. CDC does not recommend measles vaccine for infants younger than 6 months of age.

Infants under 12 months old who are traveling

• Get an early dose at 6 through 11 months
• Follow the recommended schedule and get another dose at 12 through 15 months and a final dose at 4 through 6 years

Children over 12 months old

• Get first dose immediately
• Get second dose 28 days after first dose

Teens and adults with no evidence of immunity*

• Get first dose immediately
• Get second dose 28 days after first dose

 

Acceptable evidence of immunity against measles includes at least one of the following:

• Written documentation of adequate vaccination
• Laboratory evidence of immunity
• Laboratory confirmation of measles, or
• Birth in the United States before 1957.."
  Measles