Appeals court tosses order requiring Mississippi to change mental health system

A U.S. appeals court on Wednesday threw out a lower court order that required the state of Mississippi to make changes to its mental health system to avoid the risk of unnecessarily institutionalizing people with mental illness.

In a unanimous opinion, a three-judge panel of the 5th U.S. Circuit Court of Appeals found that the 2021 order, which came in response to a lawsuit by the U.S. Justice Department, went too far in requiring "sweeping modifications" of state policy.

That ruling from U.S. District Judge Carlton Reeves in Jackson required the state to fund housing vouchers and hire specialists to help people with mental illness live and receive treatment in the community, rather than in state hospitals. Reeves, who was appointed by Democratic former President Barack Obama, also required the state to report to a court-appointed monitor.

"This novel plan of reconstruction fails on many levels," Circuit Judge Edith Jones wrote for the panel. Jones and the other two judges on the panel, Leslie Southwick and James Ho, were all appointed by Republican presidents.

"We are pleased that the 5th Circuit Court of Appeals has reversed the lower court's ruling that gave the federal government the ability to dictate the way Mississippi provides mental healthcare to its citizens," Mississippi Attorney General Lynn Fitch, a Republican, said in a statement.

The Justice Department declined to comment.

The department began investigating Mississippi in 2011, during the Obama administration, and sued the state in 2016. It alleged that the state violated the Americans with Disabilities Act (ADA) by institutionalizing people unnecessarily.

In siding with the department, Reeves pointed to a survey by government experts of people who had been institutionalized, which concluded that many could have avoided institutionalization with adequate community-based care.

The judge said the state's system put all people with mental illness at heightened risk of being institutionalized, which amounted to illegal discrimination under the ADA.

The 5th Circuit said Wednesday, however, that merely heightened risk, rather than actual institutionalization, could not be the basis for an ADA discrimination claim.

It also said that Reeves' "sweeping" order was "intrusive and unworkable."

https://www.yahoo.com/news/appeals-court-tosses-order-requiring-222642610.html

Toshiba says $14 bln takeover bid by JIP succeeds, set to go private

 Toshiba said on Wednesday that a $14 billion tender offer to take the troubled Japanese conglomerate private is set to succeed.

The announcement comes after a takeover scheme to delist Toshiba launched last month by a Japan Industrial Partners-led consortium closed on Wednesday.

"We have received a report from the offeror that the tender offer is forecasted to be successful," Toshiba said in a statement.

The final results will be announced once the company receives it, it said.

In March, Toshiba said the tender offer would be called off if the consortium failed to buy at least 66.7 percent of the outstanding shares.

The consortium taking control in the nearly two trillion yen deal includes 17 Japanese firms and six Japanese banks.

Toshiba, which once symbolised Japan's economic might, has recently been mired in scandals, financial turmoil and resignations.

Two years ago, a bombshell buyout offer from private equity fund CVC Capital Partners put a question mark over the conglomerate's future.

After the CVC offer was dropped, plans were floated to split the company up and spin off its device segment -- meeting stiff opposition from some investors.

Toshiba grew into a vast conglomerate, but has been in upheaval since it was rocked by a profit-padding scandal in 2015.

The company also suffered from huge losses at its US nuclear subsidiary, followed by a recovery that brought pressure from new activist shareholders.

https://news.yahoo.com/toshiba-says-14-bn-offer-110618289.html

Inventiva, Hepalys to develop and commercialize lanifibranor in Japan and South Korea

• Hepalys Pharma, Inc. is a new company created by Catalys Pacific and in which Inventiva has a 30% ownership position.

• Under the exclusive licensing agreement, Inventiva will receive a $10 million upfront payment, and is eligible to receive up to $ 231 million in clinical, regulatory and commercial milestone payments in addition to tiered royalties from mid double digits to low twenties based on net sales of lanifibranor in Japan and South Korea.

• Pending regulatory approvals, Hepalys Pharma, Inc. is expected to initiate Phase I PKPD studies in Japanese patients and healthy volunteers and will be responsible for funding all studies of lanifibranor necessary to file for a new drug application in Japan and South Korea.

• In addition to the 30% of shares of Hepalys Pharma, Inc., Inventiva already owns, Inventiva has the option to acquire all outstanding shares of Hepalys Pharma, Inc., at a pre-agreed multiple of post-money valuation.

• In the event Hepalys receives an offer to sell the license or rights related to lanifibranor, Inventiva has a right of first refusal.

https://finance.yahoo.com/news/inventiva-hepalys-pharma-inc-announce-200000166.html

'US Roadmap to Accelerate Offshore Wind Transmission and Improve Grid Resilience and Reliability'

 As part of President Biden’s Investing in America agenda, a key pillar of Bidenomics, today the Departments of the Interior and Energy released An Action Plan for Offshore Wind Transmission Development in the U.S. Atlantic Region, a set of bold actions that will catalyze offshore wind energy, strengthen the domestic supply chain, and create good-paying, union jobs. The announcement comes during Climate Week 2023, in which more than a dozen Biden-Harris administration officials -- including Secretary of the Interior Deb Haaland, Deputy Secretary Tommy Beaudreau, and Assistant Secretary for Indian Affairs Bryan Newland -- are in New York City participating in a broad range of events to highlight the Administration’s historic climate agenda.

The comprehensive Action Plan developed by the Interior Department’s Bureau of Ocean Energy Management (BOEM) and the Energy Department’s Grid Deployment Office outlines immediate actions needed to connect the first generation of Atlantic offshore wind projects onto the electric grid, and longer-term efforts to support needed transmission over the next several decades. Coordinated planning can help speed up timelines and lower project costs, while strengthening grid reliability and resilience. The Energy Department also announced the launch of the Tribal Nation Technical Assistance Program for Offshore Wind Transmission offering education and training resources to support engagement in offshore wind planning and created in direct response to Tribal input. Together, these activities will advance equitable and sustainable offshore wind energy development, domestic manufacturing, and grid integration, as part of broader efforts across the Biden-Harris administration to deploy 30 gigawatts (GW) of offshore wind in the United States by 2030, unlocking a pathway to 110 GW or more by 2050.

“President Biden has set an ambitious goal of achieving 30 GW of offshore wind by 2030 – and I am more confident than ever that we will meet it. Together with industry, labor and other partners from coast to coast, we are building an entirely new industry to bolster our supply chains and strengthen our offshore wind development,” said Secretary of the Interior Deb Haaland. “The Interior Department is committed to the Biden-Harris administration’s all-of-government approach to delivering clean, reliable renewable energy to help respond to the climate crisis, lower energy costs, and create good-paying union jobs across the manufacturing, shipbuilding and construction sectors.”

“The Biden-Harris administration is committed to using all the tools in the toolbox to advance offshore wind as a critical renewable energy source to transition the nation to a clean energy future, “said Secretary of Energy Jennifer M. Granholm. “The efforts announced today will boost our nation’s ability to deploy wind energy in an equitable way to lower energy costs, create good-paying jobs, and achieve President Biden’s goal of a 100% clean electric grid by 2035.”

President Biden’s economic agenda—Bidenomics— is fueling America’s clean energy future, creating American-made products in American factories with American workers, and attracting more than $500 billion in private sector manufacturing and clean energy investments, including in the offshore wind industry.

Since the President took office, companies have announced 19 offshore wind shipbuilding projects as well as investments of nearly $3.5 billion across 12 manufacturing facilities and 13 ports to strengthen the American offshore wind supply chain, representing thousands of new jobs. BOEM and federal partners are engaged in a thoughtful, all-of-government approach to collaborating on issues like ocean co-use and efficient permitting to build a robust offshore wind industry that benefits communities and co-exists with other ocean users with minimal impacts. The Biden-Harris administration has approved four commercial-scale, offshore wind energy projects and remains on track to complete reviews of at least 16 offshore wind project plans by 2025, representing more than 27 gigawatts of clean energy.

An Action Plan for Offshore Wind Transmission Development in the U.S. Atlantic Region

Partially funded by the Inflation Reduction Act, the largest climate investment in history, An Action Plan for Offshore Wind Transmission Development in the U.S. Atlantic Region details how wind resources could efficiently be captured off the Atlantic Coast of the United States and delivered to communities as clean, reliable power. It outlines immediate actions needed to connect the first generation of Atlantic offshore wind projects to the electric grid, as well as longer-term efforts to increase transmission over the next several decades. Over the mid- to long-term, increased intra-regional coordination, shared transmission lines, and an offshore network of high-voltage direct-current interlinks can more efficiently bring this energy onshore.

The plan’s recommendations for federal, state and local governments, industry, and stakeholders include:

• Before 2025: Establish collaborative bodies that span the Atlantic Coast region; clarify some of the building blocks of transmission planning, including updating reliability standards and identifying where offshore transmission may interconnect with the onshore grid; and address costs through voluntary cost assignments and tax credits.
• From 2025 to 2030: Simultaneously convene and coordinate with states to plan for an offshore transmission network; with industry to standardize requirements for HVDC technology; and with federal agencies, Tribal nations, state agencies, and stakeholders to identify and prioritize transmission paths on the outer continental shelf.
• From 2030 to 2040: Establish a national HVDC testing and certification center to ensure compatibility when interconnecting multiple HVDC substations to form an offshore grid network.

The Energy Department and multiple Atlantic states have begun work on the first of these recommendations, which is the formation of an Offshore Wind Transmission State Collaborative to develop a shared vision on policy and approach to coordination for offshore transmission development.

The Action Plan was informed by the Atlantic Offshore Wind Transmission Study, which will soon be released by the National Renewable Energy Laboratory and Pacific Northwest National Laboratory, as well as a series of convening workshops with subject matter experts and decision makers, including Tribal nations, state governments, and regional transmission operators held from April 2022 to March 2023.

Tribal Nation Technical Assistance Program for Offshore Wind Transmission

Partially funded by the Inflation Reduction Act, the Tribal Nation Technical Assistance Program for Offshore Wind Transmission supports the engagement of federally recognized American Indian and Alaska Native Tribes and Villages in activities related to the planning and development of U.S. offshore wind transmission. This technical assistance program was developed in direct response to Tribal input and offers capacity building through educational resources, training and expert matching with technical experts and researchers at DOE’s national labs. To support Tribal representation at key offshore wind transmission forums, the program will also provide funding to mitigate the financial burden of participation.

https://www.doi.gov/pressreleases/biden-harris-administration-releases-roadmap-accelerate-offshore-wind-transmission-and

Biden HHS Hits Wuhan Lab With 10-Year Funding Ban Amid Mounting Evidence Of Leak

 The Biden administration's Department of Health and Human Services announced on Wednesday that it has officially banned the Wuhan Institute of Virology from receiving US funding for a decade, based on mounting evidence that it was ground zero for the Covid-19 pandemic.

On Tuesday, Health and Human Services Secretary Xavier Becerra sent a letter to WIV Director Genera, Dr. Yanyi Wang, to inform her that the lab - which Dr. Anthony Fauci offshored risky gain-of-function research to, would no longer be funded by US grants until July 16, 2033, the NY Post reports.

he letter notes that attempts had been made to contact the lab via fax, email and mail about HHS’s decision to suspend funding in July, but no WIV officials had contested the designation or even responded to the agency.

In that earlier missive, the NIH said it found the Wuhan Institute of Virology had “conducted an experiment yielding a level of viral activity which was greater than permitted under the terms of the grant,” which was for the study of bat coronaviruses.

Other requests for the Chinese research institution’s lab findings had also been ignored after NIH made requests for them on Nov. 5, 2021, and Jan. 6, 2022. -NY Post

"WIV has not acknowledged the violations, has not cooperated with the Government to address the violations, has not accepted responsibility for the violations, and, therefore, presumably has taken no action to eliminate the risk to the Government in conducting business transactions with WIV presently or into the future," the letter reads.

On Wednesday, the House Select Subcommittee on the Coronavirus released a redacted copy of the letter, calling it an "obvious step in the right direction."

"This is especially timely as mounting evidence and intelligence continue to suggest that the COVID-19 pandemic originated from a laboratory failure in Wuhan," said Wenstrup, a Republican from Ohio. "Rewarding the likely source of a global pandemic with American resources will only lead to more future health risks."

"Further, the Select Subcommittee recently revealed that prominent public health authorities — including Dr. Anthony Fauci — knew about the risky laboratory conditions in Wuhan prior to the spread of COVID-19 worldwide," he added.

"Covering up for the failures of a Chinese lab, hiding critical evidence from the American people, and facilitating the public promotion of a false, alternative narrative is extremely concerning and deserves thorough investigation."

Recall that Fauci - who offshored banned gain-of-function research to make bat coronaviruses more transmissible to humans - was accused by Congressional investigators of having 'prompted' the fabrication of a paper by a cadre of scientists aimed at disproving the Covid-19 lab-leak theory.

As the Post further notes, US taxpayers paid more than $2.1 million in grant funding via the National Institutes of Health (NIH) and the US Agency for International Development (USAID) between 2014 and 2021. Over $1.4 million of this went to WIV via EcoHealth Alliance.

US intelligence agencies have issued conflicting reports about the origins of the COVID pandemic, with the FBI being the first to declare a lab leak the most likely explanation for the pandemic.

The Energy Department has also concluded that SARS-CoV-2 most likely leaked from a Chinese lab. The CIA has been unable to come to a determination about pandemic origins. -NY Post

Meanwhile, a senior CIA whistleblower recently told Congress that six analysts who originally concluded a lab-leak was the most likely origin of the pandemic were "given a significant monetary incentive to change their position."

Hey, remember when the Facebook fact checker who worked at the Wuhan lab decreed that a lab-leak was impossible? Good times.

https://www.zerohedge.com/covid-19/biden-hhs-hits-wuhan-lab-10-year-funding-ban-amid-mounting-evidence-leak

Senate weighs health center funding

 

Time is running short for Congress to extend funding for community health centers. The current pot of money expires Sept. 30 amid the broader government shutdown threat.

The Senate Health Committee is marking up bipartisan legislation on Thursday, but there are serious disagreements between the bill’s authors and the panel’s top Republican, Sen. Bill Cassidy (La.) — divisions that could derail the effort.   The bill from HELP Committee Chairman Bernie Sanders (I-Vt.) and Sen. Roger Marshall (R-Kan.) would provide a nearly $2 billion annual increase for community health centers, as well as hundreds of millions of dollars for other primary care programs in an effort to boost a shortage of health workers.   Sanders and Marshall told reporters earlier this week that the bill will be fully paid for, with about $10 billion from bills in the HELP Committee jurisdiction and “assurances” from other committees about being able to use other bills outside the HELP Committee’s jurisdiction.   “The bottom line is we have $10 billion that have agreed upon out of the HELP committee itself. It is normal and customary that you go outside to other committees,” Sanders said.    But when asked for specifics, a Democratic aide on the Finance Committee said only that committee chairman Sen. Ron Wyden (D-Ore.) “and Sen. Sanders continue to have productive discussions on how to move their mutual health care priorities forward.”   A GOP Finance Committee aide said there have not been any discussions, nor an agreement.   Ahead of Thursday’s markup, Cassidy filed 67 amendments to be considered. He has concerns about the financing scheme for the bill, as well as what he said are insufficient protections under the Hyde Amendment that prohibits federal funds from being spent on abortions.   “We are less than two days from voting on this legislation and we still do not have a reliable explanation of how this legislation is to be paid for. This isn’t serious legislating,” Cassidy said in a statement.    “If you want to pass legislation, do something positive for patients and give them certainty, then actually do the work to find the pay fors. Don’t just put up a bill based on aspiration, throw your hands up and say somebody else will figure out how to pay for it,” Cassidy said. https://thehill.com/newsletters/health-care/4215296-senate-weighs-health-center-funding/

Biden administration to appoint coordinator for long-term recovery efforts in East Palestine

President Biden issued an executive order Wednesday that will lead to the appointment of a dedicated coordinator for long-term recovery efforts in East Palestine, Ohio, months after a train derailment spilled toxic chemicals into the community.

The White House announced Biden’s executive order and other measures intended to hold Norfolk Southern, whose train derailed, accountable in the wake of the disaster. Biden still has not visited East Palestine despite saying in March he planned to at some point.

The president’s executive order directs the Federal Emergency Management Agency (FEMA) to designate a coordinator for long-term recovery efforts within five days. 

“The Coordinator will conduct a comprehensive assessment of any unmet needs that are not addressed by Norfolk Southern and would qualify for Federal assistance,” according to a White House fact sheet. “The Coordinator will also collaborate with the Federal, State and local governments, the private sector and voluntary, faith-based and community organizations supporting the recovery.”

Biden’s executive order also requires that the Environmental Protection Agency (EPA) provide a report within 30 days on the status of the air, soil and water in the community and whether Norfolk Southern is complying with an order to address endangerment caused by the derailment.

The order additionally requires that the Department of Health and Human Services (HHS) provide a report within 60 days summarizing conclusions from public health testing in the aftermath of the derailment. If any medical conditions have developed in the area, the agency will consider declaring a public health emergency, the White House said.

The Norfolk Southern train derailed near East Palestine in February, spilling toxic chemicals into the area and raising concerns about the environment and health effects in the community.

Biden has for months faced scrutiny from Republicans over his lack of a visit to the community, and the White House has provided no details on when the president might travel there despite his pledge in March to do so “at some point.”

The White House has instead repeatedly emphasized that EPA officials were on the ground within hours of the derailment and that teams went door-to-door in the community in the aftermath of the incident to check on residents and provide information about health and environmental concerns. 

Biden was also in touch with state and local leaders in the aftermath of the derailment. EPA Administrator Michael Regan made multiple trips to the area, and Transportation Secretary Pete Buttigieg visited East Palestine to meet with local leaders and community members.

https://thehill.com/homenews/administration/4215308-biden-administration-to-appoint-coordinator-for-long-term-recovery-efforts-in-east-palestine/