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| The site of a no-knock warrant in Greenville, Miss. (Photo by Rory Doyle/ProPublica, via Daily Journal) |
A digest of events, trends, issues, ideas and journalism from and about rural America, by the Institute for Rural Journalism, based at the University of Kentucky. Links may expire, require subscription or go behind pay walls. Please send news and knowledge you think would be useful to benjy.hamm@uky.edu.
Tuesday, October 11, 2022
Many Mississippi courts have no records of search warrants, concealing an important key to monitoring police work
Friday, December 10, 2021
Bayer wins two Roundup cases in Calif., makes appeal asserting that federal pesticide regulations trump state rules
The verdicts come after Bayer lost three similar California trials in 2018. It wants the U.S. Supreme Court to throw out one of the cases on the grounds that federal herbicide regulations trump state regulations. A successful appeal "could help the company fend off thousands of Roundup suits," Feeley reports.
Bayer will pull the current version of Roundup from the lawn-and-garden market in 2023, but will still sell the chemical to farmers. Its active ingredient, glyphosate, has long been controversial due to reports that it can harm people, pollinators and endangered species, can increase pesticide resistance in crops, and harm crops that aren't genetically engineered to survive it.
Wednesday, November 24, 2021
Major retailers found liable for opioid epidemic in 2 Ohio counties; ruling bolsters public-nuisance legal strategy
Recent court rulings in Oklahoma and California rejected claims that drug companies were responsible for the opioid epidemic, but an Ohio court ruling this week was a positive signal for other lawsuits using the strategy of claiming a public nuisance. Those cases could bring billions of dollars in payouts to states and municipalities to mitigate the addiction crisis.
On Tuesday a court ruled that major retailers CVS, Walgreens and Walmart helped fuel the opioid epidemic in two Cleveland-area counties. Jurors in a federal court concluded that the pharmacy chains' actions in Lake and Trumbull counties "helped create a public nuisance that resulted in an oversupply of addictive pain pills and the diversion of those opioids to the black market, Nate Raymond reports for Reuters. The verdict is the first the companies have faced over the issue.
The prosecutor will seek more than $1 billion from the companies to help the two counties address the toll of addiction, but "Judge Dan Polster will decide how much the companies owe to abate the epidemic in the counties and is expected to hold a trial on that question in April or May," Reuters reports.
The companies say they plan to appeal the verdict, citing recent Oklahoma and California rulings as proof that the public-nuisance claim was inappropriately applied. "The pharmacy chains have blamed drugmakers for marketing the addictive medications, and doctors for overprescribing, arguing that others were significantly responsible for the flood of legal opioids that were diverted to illegal use," Meryl Kornfield and Lenny Bernstein report for The Washington Post. "But federal law puts a 'corresponding responsibility' on the pharmacist to determine that a prescription he or she fills is for a legitimate medical purpose." Other chains such as Rite Aid and Giant Eagle have previously settled with the counties for undisclosed sums in the matter.
It's unclear whether the public-nuisance strategy will ultimately prove effective. Similar claims are ongoing elsewhere, in state courts in New York and Washington, and a federal court in West Virginia, Kornfield and Bernstein report.
Wednesday, August 25, 2021
USDA won't appeal order blocking debt-relief program for minority farmers, but says it will keep fighting in court
In an unusual move, the Department of Justice is not appealing a judge's order blocking an Agriculture Department program to forgive debt for some minority farmers, due to past USDA discrimination. At least 12 white farmers, in concert with conservative and libertarian groups, filed suit, insisting that the program is racially discriminatory, and won preliminary rulings, Politico reports.
"While the Justice Department has filed appeals within hours to defend the administration’s high-profile priorities in areas like immigration, this time federal government lawyers let the 60-day appeal period run — and then run out," Josh Gerstein and Ximena Bustillo report. A USDA spokesperson said the administration would continue to defend the program in district courts.
Some minority-farmer advocates are disappointed that the Justice Department didn't appeal, but it may have been a long-game move to protect other programs for minorities, Gerstein and Bustillo report. If they had appealed the hold, they risked a higher court ruling that would have established unfavorable legal precedent. The minority farmer relief program will likely remain in limbo while the Justice Department continues arguing the cases in lower court, a process that could take months or even years.
Friday, July 09, 2021
Quick hits: Appalachian man rescues over 1,000 'lost' apple varieties; Purdue Pharma closer to settlement...
Here's a roundup of stories with rural resonance; if you do or see similar work that should be shared on The Rural Blog, email heather.chapman@uky.edu.
As many as one-third of Wisconsin's gray wolves likely died from hunting and poaching in the months since the federal government ended legal protections for the species, according to a newly published study. Read more here.
Climate change has worsened flooding across the Midwest, and is linked to a rise in rare crop diseases. Read more here and here.
Purdue Pharma is moving closer to a $4.5 billion court settlement as the attorneys general in 15 states drop their objections to the proposal. Read more here.
A new report highlights the best practices for building and maintaining more environmentally sustainable rural road infrastructure (a particularly timely consideration, since infrastructure spending is on deck in Washington). Read more here.
A retired North Carolina man has rescued and catalogued more than 1,000 "lost" apple varieties. Read more here.
One reason rural areas face health-care professional shortages: many general surgeons in rural America are getting older and retiring, and not enough younger ones are taking their places. Read more here.
It's sometimes difficult to be young and LGBTQ+ in rural areas; teens and experts offer ideas on ways to make it easier. Read more here.
Friday, June 04, 2021
Opioid trial update: Distributor trade-group memo shows plan to shift blame for drug epidemic to providers, patients
In 2015, a trade group for major drug distributors planned to shift blame for the opioid epidemic to pharmacists, doctors and their patients. That's according to a memo mentioned in the ongoing trial in West Virginia that aims to hold some of the nation's largest drug distributors (McKesson, AmerisourceBergen, and Cardinal Health) financially liable for the epidemic.
The memo was "sent to a senior executive at that trade group, the Healthcare Distribution Alliance, that bemoaned 'imbalanced' coverage by reporters at local papers" and offered strategies for shunting the blame elsewhere, Lucas Manfield reports for Mountain State Spotlight.Friday, April 30, 2021
Quick hits: Supreme Court to hear major gun rights case; thieves use drones to case farms and ranches...
Here's a roundup of stories with rural resonance; if you do or see similar work that should be shared on The Rural Blog, email us at heather.chapman@uky.edu.
The Supreme Court agreed Monday to hear a case about the right of licensed gun owners to carry a firearm outside the home. It's the first major Second Amendment case the court has taken up in more than a decade. Read more here.
A New Yorker who moved to rural Vermont during the pandemic reflects on what she loves about her new home. Read more here.
At a recent hearing, tribal officials spoke to the House Natural Resources subcommittee about lack of access to broadband, utilities and other infrastructure on reservations. Read more here.
Thousands of tourists head to Tennessee, North Carolina and West Virginia year to see Appalachia's synchronous fireflies. Ecologists and park officials are trying to figure out how to protect the beetles from harm while letting tourists enjoy the display (and help local economies). Read more here.
For decades, some flood-damaged communities were deemed too poor to receive federal flood protection, but a new section of the federal water law could change that. Read more here.
The Society of Environmental Journalists is now accepting applications for environmental journalism grants. The deadline is June 15. Read more here.
Drones now help some thieves survey rural farms and ranches to find their next target. Read more here.
THC potency is the next big debate in legalizing marijuana. Read more here.
Friday, January 29, 2021
Federal court strikes down Interior Department rule requiring paid permit to film in national parks
A federal judge has struck down a portion of the Interior Department's film-requirements, ruling that the National Park Service cannot require commercial filmmakers to obtain a paid permit to shoot video on National Park System lands, saying that such a rule violates filmmakers' First Amendment rights.
"In her ruling, Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia declared that the statute and enacting regulations that require those engaged in 'commercial filming' to obtain permits and pay certain fees are unconstitutional," the National Press Photographers Association reports. "The court also found that the permit rules restrict speech in public forums, including the many National Park locations that are already considered traditional public forums such as the National Mall. The court found that the rules were content-based restrictions on speech, subject to strict scrutiny. Likewise, she found, the regulations and underlying reasons offered by the government—namely obtaining a 'fair market' payment on top of any administrative costs—do not meet that scrutiny."
Monday, December 21, 2020
Blackjewel bankruptcy motion, apparently denied, would dodge mine cleanup laws, abandon miners' medical claims
Friday, October 30, 2020
Former HHS secretary: Supreme Court case on Affordable Care Act could devastate the rural health-care system
Thursday, October 22, 2020
Judge invalidates ousted Bureau of Land Management chief's decisions in Montana; could set precedent elsewhere
The ruling is another coup for Montana Gov. Steve Bullock, whose lawsuit against the U.S. Postal Service forced the agency to reverse recent changes that slowed mail delivery nationwide. Bullock filed suit against the BLM in July, Streater writes.
Wednesday, October 21, 2020
Purdue Pharma settles opioid probes for $8.34 billion, but lacks assets to pay it all; claims by states totaled $2 trillion
Wednesday, October 14, 2020
Census count can end early, Supreme Court rules
Monday, September 28, 2020
Acting Bureau of Land Management director has served unlawfully for over a year, federal judge rules
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| William "Perry" Pendley |
The ruling hits at a core tactic of President Trump, who prefers to appoint directors in a temporary capacity so they don't have to be confirmed by the Senate and are more beholden to Trump for their jobs. The last Senate-confirmed BLM director, Neil Kornze, left in January 2017, Cramer reports. Since then, Trump has appointed five acting directors, with Pendley as the latest one in July 2019. He nominated Pendley to fill the position permanently in July, but soon withdrew the nomination after the move drew attention to Pendley's controversial views about public lands, the environment, and other issues.
However, even after Pendley's name was withdrawn over concerns that he might hurt Republicans in tight Senate races out West, Pendley continued to run the BLM. That violates the Federal Vacancies Reform Act, which limits acting officers from serving for more than 210 days without Senate confirmation, the judge ruled. "The ruling also prevented Interior Secretary David Bernhardt, who appointed Mr. Pendley, from picking another person to run the bureau," Cramer reports.
Gov. Steve Bullock of Montana, who is in a tight race with Republican incumbent Steve Daines for a Senate seat, filed the lawsuit in July against Pendley and Bernhardt, Cramer reports. His is one of the races most likely to be affected by Pendley's tenure at the BLM. Colorado Sen. Cory Gardner, a Republican also in a tough race, could also be put in a politically inconvenient spot if forced to vote on Pendley's confirmation.
Tuesday, August 04, 2020
New engineered seed resists five different pesticides, but scientists question chemicals' future role in weed control
Weed resistance has become a big problem for U.S. growers over the past 50 years, and "the problem has increased significantly since the introduction of genetically modified crops and use of accompanying herbicides in the 1990s," Hettinger reports. In essence, the presence of weedkillers has led weeds to adapt, resulting in a decades-long arms race. Some scientists say that weeds are developing resistance so quickly that a different long-term solution may be needed.
The growing use of pesticides has also triggered thousands of court cases—many successful—accusing pesticide makers of causing health problems and damaging non-resistant crops. "In June, Bayer announced a $10 billion settlement of claims that glyphosate, the active ingredient in Roundup, causes cancer," Hettinger reports. "The company also announced a $400 million settlement of claims that dicamba, a herbicide sold by Bayer and German agribusiness company BASF, has drifted and harmed thousands of other farmers."
The U.S. Department of Agriculture allowed public comment for the seed petition on the Federal Register until July 7, drawing 4,112 comments, Hettinger reports.
Tuesday, July 21, 2020
Investigative reporters in N.D. uncover names of dozens of drillers who owe millions in royalties to state education fund
Thursday, June 11, 2020
Tyson gets immunity in poultry price-fixing probe
Four poultry executives from Pilgrim's Pride and Claxton Poultry Farms were indicted last week on charges that they fixed prices and rigged bids on broiler chickens sold to grocery chains and restaurants from 2012 to 2017. "All four individuals have pleaded not guilty, and the trial is set for August, McCrimmon reports.
The DOJ began investigating meat processors in recent weeks after farmers and ranchers complained that processors have been paying them extremely low prices for their livestock, even though meat prices (especially beef) surged for buyers, Leah Nylen and Liz Crampton report for Politico.
Friday, June 05, 2020
Appeals court bans dicamba-based herbicide sales in U.S. for 6 months; EPA is likely to reauthorize it for next year
"Still, the EPA will probably re-authorize dicamba in a revised form in time for next year -- and the agency could even move up that reauthorization before Dec. 20, when the current clearance was set to expire."
Monday, June 01, 2020
Supreme Court lets states regulate church gatherings in pandemic; White House waters down CDC guidelines
The Supreme Court ruledFriday that states still retain some power to regulate how many people are allowed to gather in churches during a pandemic, with Chief Justice John Roberts joining the court's liberal minority in a 5-4 vote, Adam Liptak reports for The New York Times.
South Bay United Pentecostal Church in Chula Vista, Calif., sued to block the state from enforcing restrictions on attendance at religious services, alleging that their freedom of speech was being violated. However, Roberts wrote in the majority opinion that churches were not being unfairly singled out since non-essential secular gatherings have also been restricted, Liptak reports.
"The court’s ruling was its first attempt to balance the public health crisis against the Constitution’s protection of religious freedom," Liptak reports. "And it expanded the Supreme Court’s engagement with the consequences of the coronavirus pandemic, after rulings on voting in Wisconsin and prisons in Texas and Ohio."
Meanwhile, last week the Centers for Disease Control and Prevention removed language from its pandemic guidelines for faith communities that had encouraged them to limit or eschew singing since it can spread the coronavirus, Lena Sun and Josh Dawsey report for The Washington Post.
The guide was initially released on Friday, May 22, but it was altered over the weekend to exclude language about choirs, apparently because the White House had not approved it, Bill Chappell reports for NPR. An anonymous federal official told NPR that the CDC "posted the wrong version of the guidance" and that the one "currently up on the website is the version cleared by the White House."
"The altered guidance also deleted a reference to 'shared cups' among items, including hymnals and worship rugs, that should not be shared," Sun and Josh Dawsey report. "The updated guidelines also added language that said the guidance 'is not intended to infringe on rights protected by the First Amendment'."
Churches have been the source for multiple local outbreaks in rural areas. "There is probably no better way to aerosolize the virus than singing," Kevin Kavanagh told The Rural Blog. "Close contact, indoor closed quarters plus singing is a set-up for a disaster." Kavanagh is a retired physician in Somerset, Ky., and chair of Health Watch USA.
Thursday, March 12, 2020
Supreme Court won't hear challenge to ban on bump stocks
Some states banned bump stocks after one was used in a deadly October 2017 Las Vegas shooting, and in December 2018, the Bureau of Alcohol, Tobacco, Firearms, and Explosives declared that bump stocks essentially turned a semi-automatic firearm into a fully automatic "machinegun." Since machineguns are tightly regulated at the federal level, that made bump stocks and similar devices effectively illegal, Jeremy Bernfeld reports for Guns America, a two-year partnership among 10 publicly owned media outlets to report on firearms and related issues.
Many gun owners chose not to fight the ban, pointing out that DIY bump stocks can be made easily, and that the law was difficult to enforce. However, some gun-rights activists sued to challenge the ban,. Lower courts upheld it and the Supreme Court opted not to hear the case. Though the case might appear to be about the Second Amendment, Justice Neil Gorsuch said that the case narrowly focused on a legal doctrine that prevents courts from overruling some federal regulations.

