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Supreme Court Leaves TSA Mask Mandate Ruling In Place

Supreme Court Leaves TSA Mask Mandate Ruling In Place

Authored by Matthew Vadum via The Epoch Times,

The Supreme Court refused to hear an…

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Supreme Court Leaves TSA Mask Mandate Ruling In Place

Authored by Matthew Vadum via The Epoch Times,

The Supreme Court refused to hear an appeal on Oct. 31, leaving in place a federal appeals court ruling that allowed the Transportation Security Administration (TSA) to require the wearing of masks on airplanes, trains, and buses during the COVID-19 pandemic.

Although the TSA abandoned its mask mandate in April, the decision allows a Dec. 10, 2021, ruling by the U.S. Court of Appeals for the District of Columbia Circuit to remain on the books as a legal precedent that the government may rely upon in the future.

In a brief filed with the high court on Sept. 27, the Biden administration urged the Supreme Court to reject the case.

U.S. Solicitor General Elizabeth Prelogar noted in the document that the TSA had announced on April 13 that it would extend the mask directives through May 3, 2022.

But days after the announcement, when a federal district judge in Florida vacated the Centers for Disease Control’s order requiring masking at transportation hubs and in airplanes, the TSA backed out of its mask mandate extension.

The TSA mandate was allowed to expire on April 18.

The D.C. Circuit Court’s ruling was correct because it recognized TSA was acting within its statutory authority and its actions were aimed at addressing the threats to transportation posed by COVID-19, the brief stated.

The high court refused to take up the petition filed in Corbett v. TSA (court file 22-33), without explaining why.

Justice Ketanji Brown Jackson did not participate in the consideration of the petition, but the court did not explain why she refrained from doing so.

Frequent flyer Jonathan Corbett challenged the TSA’s January 2021 directives requiring that passengers wear masks.

Corbett argued that the agency’s authority under the federal Aviation and Transportation Security Act was limited to developing policies and directives aimed at guarding against violent attacks on transportation infrastructure.

The statute did not empower TSA to do things like require mask-wearing to protect public health, he argued.

But the appeals court disagreed.

“The COVID-19 global pandemic poses one of the greatest threats to the operational viability of the transportation system and the lives of those on it seen in decades,” the circuit court ruled in an opinion written by Judge Harry T. Edwards, who was appointed by then-President Jimmy Carter in 1980. One judge on the three-judge panel dissented from the ruling.

“TSA, which is tasked with maintaining transportation safety and security, plainly has the authority to address such threats under” the Aviation and Transportation Security Act.

Congress granted the TSA “broad authority” to analyze potential risks to aviation and national security and respond to those risks and conferred upon the agency “an expansive power to act in relation to the transportation system during a national emergency.”

Given the language in the statute, “it cannot seriously be doubted that Congress’ delegations of authority to TSA authorize the Mask Directives issued to contain the spread of the COVID-19 virus.”

If Congress wanted to limit the reach of the TSA it could have done so, but instead it “selected broad language in its mandate to the agency.”

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Tyler Durden Tue, 11/01/2022 - 18:45

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Canada’s productivity crisis linked to government overspending

Dubious government investments are stunting our standard of living While government policies can benefit societies and economies, they often produce the…

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Dubious government investments are stunting our standard of living

While government policies can benefit societies and economies, they often produce the opposite results.

Recent concerns highlight Canada’s worrying trend of dismal productivity growth and growth prospects, with several international bodies predicting minimal growth in Canadians’ real (adjusted for inflation) personal income over the next 30 years (an entire generation).

To address this productivity slump, governmental strategies have varied.

One strategy has emphasized workers’ skills, with authorities advocating for youth to pursue marketable technical trades rather than conventional university degrees.

Another strategy has been to foster a more extensive, intensive, and robust innovation ‘ecosystem’ coupled with venture capital and institutional investor funding. Addressing permitting obstacles and other regulatory impediments are another approach.

Yet, despite the potential of these strategies, the persistent actions of both federal and provincial governments challenge productivity growth. Notably, these governments often allocate extensive taxpayer funds towards projects with minimal returns on investment.

Over the years, provincial utilities like BC Hydro, Manitoba Hydro, and Nalcor (an umbrella company for Newfoundland and Labrador Hydro) have seen significant overruns. The financial commitment to these projects, such as the Site C dam, Keeyask, Bipole III, and Muskrat Falls, far surpassed initial projections.

A staggering $43.2 billion was spent, compared to initial expectations of $23.9 billion, to produce just a couple of gigawatts of ‘cheap’ power – just enough for a million households. For perspective, the same funds could have been channelled into nuclear energy, producing more power and less environmental harm.

In addition to these massive provincial governmental blunders, the federal government lavished $35 billion in tax relief subsidies for just three electric vehicle (EV) battery plants. According to the federal Parliamentary Budget Officer, two of these plants ‘might’ be paid off in ‘as soon as’ 20 years.

Topping it off is Ottawa’s purchase and expansion of the Trans Mountain Pipeline, where government-induced regulatory obstacles continue to explode costs. Ottawa has now spent a staggering $30.9 billion to expand the pipeline, almost six times the original estimate of $5.3 billion. It will be impossible to recoup anything near what is being spent. For more than eighty percent of its route, the new, parallel Trans Mountain line follows the existing line: an additional enormous expense accrued from massive mismanagement.

A common thread weaving through these projects is the government’s willingness to finance ventures that initially seemed economically questionable. State-owned enterprises often prioritize political motives over profitability – a theme evident in the electric vehicle and Trans Mountain decisions. Perhaps the renowned work “How Big Things Get Done” would be more aptly named “How Big Things Get Botched” in Canada.

Ultimately, a nation’s economic vitality hinges on the collective performance of its businesses and people. Investments in underperforming projects yield minimal returns. The consequence of such political spending is reduced productivity and diminished wealth per individual.

Unfortunately, our kids will bear the brunt of these decisions, likely facing a compromised standard of living.

By Ian Madsen

Ian Madsen is the Senior Policy Analyst at the Frontier Centre for Public Policy.

Troy Media

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The Evolution of Amenities in the Office and Industrial Markets

With the increasing push to return to the office, employers and developers, together, are tasked with sweetening the deal for current and future employees…

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With the increasing push to return to the office, employers and developers, together, are tasked with sweetening the deal for current and future employees in the office and industrial markets. Makeshift home offices and kitchen counters became the new office during the pandemic, and working from home came with its own set of perks, such as no commute and more flexibility of time. Promises of increased collaboration with the return to in-person work aren’t enough of an incentive. Now, workers across industries expect more when physically in the office.

At NAIOP’s CRE.Converge conference this week, experts explored the range of amenities that developers can consider for emerging building plans or incorporate into already-existing office and industrial spaces. Dawn Riegel, principal, Ware Malcomb, moderated the panel featuring Michael Longo, senior vice president, CBRE; Stacey Mosley, director of research, Brandywine Realty Trust; and Jinger Tapia, vice president, design, Ware Malcomb. 

“We have a labor and employment problem, not a work-from-home problem,” Longo said, citing the ongoing actors’ strike in Hollywood and the U.S.’s ongoing low employment rates. Until the issues of labor and employment are better addressed, Longo said, we should expect to see challenges in the return-to-office movement, but this does not mean developers can’t try to make it as enticing as possible. 

The relationship between attraction and retention, coupled with adopting a holistic view of amenities, was a common theme of the conversation. Developers should consider how well placed and well-positioned their buildings are in a given area, whether in a city or a suburb, and have a good understanding of a company’s culture to know what its employees’ needs are. Data has been collected on workers’ preferred amenities – natural lighting, green spaces, access to parking – but sometimes that data isn’t one-size-fits-all, Riegel said.

We’re in the early days of a massive transition of ownership and assets, Longo believes, noting that capital is tough to access and developers have to be careful about positioning. Financial solvency is key. Building spaces need to be able to take on a new life if a new tenant were to arrive. 

The aesthetics of office styles have rapidly changed over the past three years, Longo said. Office aesthetics have shifted from dropped ceilings and cubicle workspaces to open-concept spaces focused on collaboration. Developers and employers are still figuring out the latest iteration now that workers are returning to the office post-pandemic. 

The low-hanging fruit, as Mosley says, is paying attention to trends in food and furniture. Food delivery service became normalized during the pandemic, and employees want a similar luxury in the office. Mosley offered up some suggestions: coffee carts that swap out employees’ at-home drip coffee for a premium espresso or vending machines with fresh foods like salads. An office space’s furniture should speak to how employees interact with each other and how they work, collaboratively or solo. 

Later, Mosley mentioned enhancing the audiovisual experience for in-person employees to connect with others remotely and on conference calls, and Tapia noted the design transition from giant conference rooms to specially designated “Zoom rooms.” 

The panelists went on to discuss exterior amenities and how cities look at this issue. Mosley noted that exterior improvements can often become amenities for not only those coming into the office but for those in the surrounding community as well. It’s important to leverage the immediate area around your building, whether that be local restaurants or dry cleaners. 

Both Mosley and Tapia stressed the importance of integrating green spaces, such as parks, walking paths, patios and balconies, and sports courts. 

In the past, “amenities were a landscape island in the middle of a parking lot with a concrete bench that the smokers could go to,” Tapia joked. But now, workers of all kinds want connectivity between indoor and outdoor spaces. 

“For the industrial user, it’s about stepping away from the work and providing that connection to nature and a respite from what’s going on in the facility… from a noise standpoint,” Tapia said. As these outdoor amenities are added, requirements from the respective cities must also be taken into account. Tapia said she is taking cues from Mexico’s contained industrial parks to naturally build sustainable initiatives into the design process. This also reflects attention to the evolution of environmental, social and governance (ESG) issues and the need – and demand – for more green spaces.

From the investment perspective, Longo, who specializes in properties across the West Coast, says his current strategy is to assess the land use first and then consider the design and cost because of all the changing attitudes from cities toward new developments and the current declining value of buildings. 

Mosley, whose work is primarily based in Philadelphia, says the growing population in cities has contributed to the success of office and industrial outdoor spaces. She said these spaces should combine both the social and environmental factors. “Let the communities take ownership to catalyze the creativity of the space,” Mosley said, highlighting live concerts, sporting events, and even weddings that have found a venue in these spaces.  


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This post is brought to you by JLL, the social media and conference blog sponsor of NAIOP’s CRE.Converge 2023. Learn more about JLL at www.us.jll.com or www.jll.ca.

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Sustainable cosmetics: harnessing cyanobacteria for natural active ingredients

The cosmetics industry is turning towards natural alternatives to chemical agents used in products to pave way towards a more sustainable future. Researchers…

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The cosmetics industry is turning towards natural alternatives to chemical agents used in products to pave way towards a more sustainable future. Researchers are searching for nature-derived active ingredients for skincare products through extensive bioprospecting research. In this regard, cyanobacteria, with their remarkable metabolic capacity, are a promising source of such agents. Having existed on Earth for nearly 3.5 billion years, these photosynthetic organisms have adapted to various environmental conditions, including extreme environments. Aphanothece sacrum, a cyanobacterium endemic to Japan and cultivated as a food source on farms in Fukuoka Prefecture, is already being studied for the capacity to produce active ingredients like sacran, a water retaining polysaccharide.

Credit: Hakuto Kageyama

The cosmetics industry is turning towards natural alternatives to chemical agents used in products to pave way towards a more sustainable future. Researchers are searching for nature-derived active ingredients for skincare products through extensive bioprospecting research. In this regard, cyanobacteria, with their remarkable metabolic capacity, are a promising source of such agents. Having existed on Earth for nearly 3.5 billion years, these photosynthetic organisms have adapted to various environmental conditions, including extreme environments. Aphanothece sacrum, a cyanobacterium endemic to Japan and cultivated as a food source on farms in Fukuoka Prefecture, is already being studied for the capacity to produce active ingredients like sacran, a water retaining polysaccharide.

 

Now, a team of researchers, led by Professor Hakuto Kageyama from Meijo University, Japan, have discovered two novel compounds—saclipin A and saclipin B—produced by in A. sacrum. The researchers were originally evaluating environmental stress tolerance mechanisms in cyanobacteria and exploring whether A. sacrum contained mycosporine-like amino acids (MAAs), which can absorb UV radiation and possess antioxidative and antiglycative properties, when they chanced upon the discovery of the two types of saclipins. When asked about his motivations for pursuing the research, Prof. Kageyama explains, “Presently, most UV-absorbing ingredients are chemically synthesized. They pose a significant environmental risk and can inhibit the growth of organisms like seaweed and corals. Natural ingredients will go a long way in improving the environmental credentials of cosmetics and pharmaceuticals as industries pursue ways to be more environmentally conscious.” The team’s findings were published in the Journal of Agricultural and Food Chemistry on 10.1021/acs.jafc.3c05152.

 

To study the cyanobacterial metabolites, the team needed to isolate them from A. sacrum cells. First, the researchers prepared an organic extract from dried A. sacrum and examined it for UV-absorbing compounds. Next, they purified target metabolites with absorption spectra close to 320 nm, a wavelength falling within the bandwidth for UV radiation. Finally, mass spectroscopy and nuclear magnetic resonance were used to determine the chemical structure of the purified compounds. Touching on the significant findings from the study, Prof. Kageyama says, “Structurally, the saclipins were completely different from known UV-absorbing compounds derived from cyanobacteria, such as MAAs and scytonemin. They absorbed UV radiation, scavenged damaging oxygen free radicals, and inhibited the glycation of collagen and elastin. Taken together, these characteristics show they have the potential to slow down aging.” By exposing A. sacrum to various environmental stressors to understand the growth conditions that induced its synthesis, the team determined that saclipin production was enhanced under drought stress. Additionally, they found a unique property of the saclipins—photoisomerization. Saclipin A could be converted to saclipin B under fluorescent light irradiation. This property is advantageous because it allows for quick adjustment of saclipin ratios in product formulations, depending on the intended use.

 

Prof. Kageyama is keen to conduct further research on the saclipins. “A. sacrum is cultivated as a food source in Japan. If we can understand how to produce the saclipins at scale, there is the potential to develop them as an edible anti-aging supplement,” he says. He is hopeful that further research will draw attention towards the conservation of this freshwater cyanobacterium. “Such findings could serve as the catalyst for broader conservation efforts. Sustainable aquaculture production could go a long way to securing A. sacrum’s future,” he concludes.


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