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Inside ProPublica’s Article Layout Framework

2 years 10 months ago

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Editorial design is a many-splendored thing. Cliché as it may be to say a picture is worth a thousand words, there’s no denying that even the most skillful and vivid deployment of the written word can benefit from a thoughtful visual presentation. Photography, illustration and video can humanize a story’s characters. Charts, graphs and other data visualizations clarify complicated concepts. Typography and color set an emotional tone. And bringing cohesive form to it all is perhaps the most invisible and least understood aspect of editorial design: layout.

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A good layout works its magic by modulating visual rhythm and contrast to determine what elements of the article are emphasized and how much. If a cast of characters is introduced one by one, a small inset portrait of each at the start of every paragraph can reinforce the pace of the writing. If the story’s focus shifts to a new location, a large establishing photo of that landscape can signal a change in the story’s focus. Choosing instead to make that image small, off-center and surrounded by generous white space offers a different kind of contrast and tells a different story.

The size and position of images and text can be just as communicative as their content, and the possibilities are virtually limitless.

Watch video ➜

When we overhauled ProPublica’s article design system last year, sophisticated layout capabilities like these were a top priority. Building our article layout framework was a balancing act of providing a range of options that’s wide but not overwhelming.

How It Works

Our articles are built on an underlying grid structure, which varies depending on the size of the reader’s device or browser window. On most mobile phones, the layout is based on a narrow four-column grid. On a tablet, it might be six or eight columns. And in a large desktop browser window, there’s enough room for 14 columns, the largest version of the grid.

Our layout’s grid structure is responsive and varies by screen size.

The main article text occupies the eight-column span in the middle of the 14-column grid, which keeps lines from getting too long for comfortable reading. On smaller screens, the text fills six columns of the eight-column version of the grid, four columns of the six-column version and all four columns of the smallest version.

All other layout elements, such as photos and illustrations, use combinations of several attributes to specify how they behave on the grid. Let’s take a look at them.

Size and Position

With the 14-column version of the grid as a basis, a layout element can be one of 15 sizes. Size 1 is one column wide, Size 2 spans two columns and so on, all the way up to Size 14. The 15th and largest size expands into the margins to take up the full width of the browser. On smaller screens, each size automatically scales down in rough proportion to the size of the grid; for example, Size 5 spans five columns of the 14-column grid, four columns of the eight-column grid and three columns of the six- and four-column grids.

From top to bottom: Size 3, Size 5 and Size 8.

Layout elements are anchored to the inside of the main article text area by default. They can be positioned to align to its center or its left or right edges. If they have a positional basis of left or right, they can be pushed into the text area or pulled into the outer columns, up to three columns in either direction. As with the sizing, the spacing automatically scales down in rough proportion to the size of the grid on smaller screens.

An image indented one column from the left. Since the indent scales proportionally on smaller screens, it disappears on the smallest screen. Text Wrap

Layout elements have the option to completely interrupt the article text or have the text wrap around them. In situations where there isn’t enough space for the text to wrap comfortably, the layout automatically ignores the text-wrap preference.

Layout elements can interrupt the article text or have it wrap around them. The mobile screen ignores the text-wrap preference in this case, because our article layout framework knows there isn’t enough space for the text to wrap comfortably. Responsiveness

The automatic proportionate scaling of elements across different screen sizes can be very handy, but it can also be a liability. An image that looks great at a small size on a large screen might become tiny and illegible when scaled down on a small screen. To solve this, we included the option to force an element to take up the full width of the text area on smaller screens, regardless of its size on larger screens.

This small image works well on large screens but gets too small when it scales down, so we have the option to force it to be full width and/or give it an alternate crop on smaller screens.

Also included is the option to use two different versions of an image for small screens and large screens. This might be used for two different crops of the same photograph (a wide crop for large and a close crop for small) or for two different orientations of a bar chart (horizontal/large and vertical/small).

Diptychs, Triptychs and More

A set of any number of elements can be placed side by side on the grid, which is useful for making something like a row of portraits. The same responsive options mentioned above can change the row of elements into a stack on smaller screens to keep them from becoming prohibitively small.

A diptych on large screens optionally becomes a stack on smaller screens. To Code or Not to Code

We’ve built all of these layout options into our content management system so they don’t require our producers to have any coding skills to use them. But for code-savvy power users who want to extend the system, it’s built with Column Setter, the open-source tool we developed for grid-based editorial design. We recently updated it with a variety of new features.

Watch video ➜

The many possible ways of combining our layout framework’s streamlined set of variables — size, position, responsiveness and text wrap — make it a simple but powerful system. Offering a total of 616 unique ways to present a layout element, its visual vocabulary is expansive! Used in conjunction with photography, illustration, video, data visualization and our systems for typography and color, the framework gives our editorial teams tremendous flexibility to be visually expressive in whatever way best suits the story they’re telling.

Photos in the layout examples above by Celeste Sloman, for ProPublica, and originally appeared in “The Lost Year: What the Pandemic Cost Teenagers.”

by Rob Weychert

How the Sugar Industry Makes Political Friends and Influences Elections

2 years 10 months ago

This article was produced for ProPublica’s Local Reporting Network in partnership with The Palm Beach Post. Sign up for Dispatches to get stories like this one as soon as they are published.

Last year, the Florida Legislature was in the midst of an extraordinary push to protect the state’s farming industry from lawsuits over air pollution.

Supporters argued that the legislation was critical to protecting Florida’s agricultural businesses from “frivolous lawsuits.” But some lawmakers were skeptical, noting that residents of the state’s heartland who were bringing suit against sugar companies would feel their case anything but frivolous. At issue was the practice of cane burning, a harvesting method in which the sugar industry burns crops to rid the plants of their outer leaves. Florida produces more than half of America’s cane sugar and relies heavily on the technique, but residents in the largely Black and Hispanic communities nearby claim the resulting smoke and ash harms their health.

So, on a Wednesday morning in March, lawmakers heard testimony on the new bill. In a committee room in Tallahassee, Joaquin Almazan stepped to the microphone as a newly elected city commissioner in Belle Glade, the largest city in the sugar-rich Glades region, where the smoke drops “black snow” on residents throughout every burning season.

Almazan had won his seat just one week before the hearing. His victory was also a victory for the sugar industry, a political powerhouse that employs more than 12,000 workers in the area during harvest season. His rival, Steve Messam, opposed cane burning and sought to end the practice.

In a small town of 8,000 voters where political campaigns are generally sleepy, the contest emerged as the marquee race in an election for three seats on the city commission, contributing to record turnout and fueling big spending. In fact, each side raised more than $16,000, making the March election the most expensive in at least 15 years, according to an analysis of campaign finance records by The Palm Beach Post and ProPublica, which examined documents going back to 2006. That’s five times the amount of money typically raised by city commissioner candidates, after adjusting for inflation. While Messam relied on mostly small donations from more than 200 donors, Almazan tapped a much smaller pool of 40 contributors, with much of his campaign money coming from sugar and farming interests.

Those industry donors were among more than two dozen entities that gave identical amounts to candidates running for the two other city commission seats. Like Almazan, the two favored contenders in those races supported the sugar industry’s methods, saying that ending cane burning would lead to devastating job losses.

At the same time, political action committees aligned with the industry spent thousands of additional dollars to influence the election, with one group promoting business-friendly candidates and another attacking Messam.

The local campaign, which was underway while major legislation was pending before the state Legislature, provides a window onto how the industry cultivates political allies in the Glades who, in turn, help protect its interests in Tallahassee.

“A voice that is for or against the ag industry is 10 times more powerful coming from the Glades area than someone who is from outside the local area,” said Rick Asnani, a West Palm Beach-based political consultant, explaining the industry’s investment in local elections. “It is absolutely appropriate and logical that an industry is going to protect their industry, their reputation and their backyard.”

And indeed, once elected, Almazan emphasized his lifelong residence in the Glades when he asked lawmakers to support the bill.

“It’s sad, as we’ve seen too many times previously: Wealthy, out-of-town, so-called environment special interest groups are claiming to know what’s best for our community,” he told lawmakers. “In fact, they repeatedly argue against our city, our best interests, and repeatedly advocate for other solutions that will only bring us economic destruction, unemployment and food insecurity, and shutter local businesses.”

His testimony and that of other elected officials and residents in the Glades in support of the legislation would lead several Democrats to withdraw their objections, and the proposal sailed through the Legislature.

In response to questions for this story, Almazan said his run for office — and his testimony — were a natural extension of his advocacy as a member of the International Association of Machinists, a union representing sugar workers. “The union encourages its members to rise to challenges,” he said in a statement, “and I felt that by running for the City Commission I could do that.”

Asked about the donations from the agricultural industry, he said they’d been given because “I support similar interest, Community, workers and jobs.”

Now, nine months later, some Democratic lawmakers want to roll back last year’s key changes, which were aimed at barring so-called nuisance lawsuits against farmers. Under the state’s Right to Farm law, certain farming activities are protected from legal action, and the legislation added “particle emissions” to the list. The term is interchangeable with particulate matter, a known byproduct of cane burning and a type of pollution tied to heart and lung disease. Last month, state Rep. Anna Eskamani and state Sen. Gary Farmer introduced legislation to strike that language, hoping to bolster residents’ ability to sue.

It’s a reflection of the views of some Glades residents and environmental groups, who have battled the sugar industry for years over burning crops. They argue that the resulting smoke and ash harms their health — a claim that the sugar companies deny. Last year, The Post and ProPublica deployed their own air monitors to produce a first-of-its-kind investigation into cane burning. The readings showed repeated spikes in pollution on days when the state had authorized cane burning and smoke was projected to blow toward the sensors. These short-term spikes often reached four times the average pollution levels in the area. Experts said the results highlighted a need for more scrutiny from government agencies, which have access to better equipment and data.

The news organizations also found that in 2016, the state health department’s own researchers recommended deeper study of the potential health effects of cane burning on Glades residents, after finding that the burns release toxic air pollutants. Six years later, the department has yet to produce such a study and has not responded to questions about why.

In the Glades, the opposition to cane burning crystallized in 2015 into a “Stop the Burn” campaign, which was backed by the Sierra Club. The campaign involved rallies to press the industry to use an alternative method of cane harvesting that doesn’t involve fire. But the group’s events rarely amounted to more than a ripple in the state’s political landscape, where sugar companies are among the largest donors.

The “Stop the Burn” campaign’s claims drew attention when Messam, one of the group’s leaders, filed to run for an open seat on the Belle Glade city commission. He was born in the nearby town of Pahokee and grew up in the region, the son of Jamaican immigrants. His father worked in the sugar fields, cutting down cane by hand for 75 cents a row, he said.

When Messam left to attend Central Michigan University on a football scholarship, he said his teachers thought he had asthma because his breathing sounded difficult. His symptoms abated over time in Michigan. But when he returned home on Christmas break, during cane-burning season, “my allergies went haywire,” he later told supporters in a Facebook Live video on his campaign page. “At the time, I didn’t make the connection.”

In 2015, Messam and his family moved to Belle Glade from Greenacres, a city closer to the more populous part of Palm Beach County, east of the cane fields. He was working nearby as a senior vice president of his brother’s construction company, Messam Construction, and serving as a pastor at ​​First Church of God South Bay. Before long, his wife, LoMiekia, who also grew up in the region but had spent much of the prior decade living outside Florida, started to get respiratory tract infections and their young son, Noah, developed allergies and needed a nebulizer to help him breathe. Doctors advised them to move, LoMiekia said in the video.

Messam said he reached out to the Sierra Club to learn more about what activists call “green harvesting,” in which sugar cane is harvested without burning. Harvesters cut the cane with the leaves still attached and separate them from the sugar-rich stalks. Some of the world’s leading sugar-producing nations, including Brazil, India and Thailand, have embraced this method as they move to end or sharply limit cane burning. Florida’s sugar companies, however, maintain that burning is safe and heavily regulated, and that it cannot be changed without significant economic impact.

In running for city commissioner, Messam saw a different future for Belle Glade. Switching to green harvesting in Florida would “be a win-win for the environment and the economy,” Messam said. While he understood that local officials have little power to regulate farming — those decisions are made at the state level — he knew that local voices carry weight in Tallahassee.

Relying on mostly small contributions, Messam raised a total of more than $16,000 from more than 200 donors. The Sierra Club’s political action committee in Florida made a $500 donation, and some of the group’s local supporters and a plaintiff in the sugar cane burning lawsuit also pitched in. Educators made up much of the campaign haul. His brother’s company contributed $1,000, the maximum under state law.

By contrast, his opponent in the race, Almazan, opposed the “Stop the Burn” effort and tapped his connections in labor circles and the agricultural sector.

In addition to being a member of the machinists union, he’s also the community action director of the Sugar Industry Labor Management Committee, a political organization that advocates for the union and local sugar companies, according to the union website. “Of course jobs in the sugar industry are important to me,” he said in an email to The Post, highlighting his union membership. “My dad retired from the sugar industry after 35 years and was proud to have raised his family here. I’m proud to have spent more than 30 years in the industry. My son is also building his career here.”

The sugar and agriculture industries also backed two other city commissioner candidates running for separate seats: Bishop Andrew “Kenny” Berry of Grace Fellowship Worship Center and incumbent Vice Mayor Mary Ross Wilkerson, who was first elected in 1998.

In 2018, candidates for city commission had raised about $3,200 each on average. The three industry-backed candidates in the 2021 race, however, each raised more than $15,000. The vast majority of each campaign’s funds — $13,100 — came from the same 28 individuals, committees and businesses, according to a Post/ProPublica analysis. Agriculture interests represented the single largest pool of money, making up about 40% of these contributions. Among them were the Sugar Cane Growers Co-Op; the Palm Beach Farm PAC, run by farmer and state Rep. Rick Roth, a co-introducer of last year’s legislation; and Hundley Farms, a grower in the Glades that produces sugar cane.

Some locals, including an incumbent facing an industry-backed challenger, took note of the heightened political activity in Belle Glade.

“I’ve never seen the sugar industry involved in any of the political affairs, when it came to campaigns and elections, like this time around here. Period,” said then-City Commissioner Johnny Burroughs Jr., speaking to voters in a Facebook Live video the night before the election. His campaign was struggling as industry allies supported his rival.

Asked about the industry donations, Almazan said in a statement, “I’m very thankful for the endorsements I received from major unions including the Palm-Beach Treasure Coast AFL-CIO and the Firefighters as well as support from family, friends, neighbors, local businesses and farmers who together are the backbone of our community.”

Berry and Wilkerson, the other two candidates who received significant contributions from sugar and agriculture groups, did not respond to a request for comment on their campaign donations.

According to campaign finance records, neither U.S. Sugar nor Florida Crystals, the state’s largest sugar producers, played a direct role in the election. But their allies did.

As the campaign progressed, Glades Together, a local political action committee, distributed voter guides and fliers promoting Almazan, along with the two other industry-backed candidates. The literature did not mention cane burning, instead emphasizing the local economy. “Our jobs and our future,” one flier read. “Do your part to protect ag jobs.”

The organization was formed by Sherrie Dulany, a former Belle Glade City Commissioner and school teacher. “When it became clear that outside organizations such as the Sierra Club were getting involved in our local election, we organized an effort to promote unity and our local economy,” Dulany told The Post and ProPublica in an email.

The sole source of the group’s funding during the election was Liberate Florida, a statewide political action committee financed largely by other PACs, including Florida Prosperity Fund. Among the latter group’s top donors is U.S. Sugar, which gave $75,000 in February, just as the Belle Glade election was heating up.

Meanwhile, a group called Urban Action Fund launched mailers targeting Messam. Like Glades Together, the group received funding from a political action committee with ties to Florida Prosperity Fund. The mail pieces didn’t mention sugar or cane burning but used black-and-white photos of Messam at “Stop the Burn” events.

“Steve Messam is part of the Sierra Club!” said one mailer. “We don’t need Steve Messam and outsiders who want to see our jobs and us go!”

“The Sierra Club’s job killing plan will hurt Glades families,” another mailer warned, leaving unsaid what the plan was or how it would impact the local economy. “Unemployment will make crime worse and hurt social services.”

John T. Fox, who chaired Urban Action Fund until it closed on Oct. 12, did not respond to an inquiry from The Post and ProPublica. The news organizations also sought comment from Florida Prosperity Fund’s chair, Brewster Bevis, who also serves as the president and CEO of Associated Industries of Florida, a group representing business interests in the capital. A spokesperson said the organization “does not discuss political activity.”

The attacks grated on Messam. And on March 7, two nights before the election, he logged on to Facebook Live to address them. For an hour, he went point by point, rebutting what he called a “smear campaign.” More than 1,000 people watched.

Messam argued that green harvesting would create jobs and a new industry to convert sugar cane waste into new products. Sugar companies in the Glades do use leftover sugar cane fiber to make biodegradable paper plates and take-out containers, though industry allies argue there is no large-scale commercial use for the leaf material, the part of the plant that is burned. Producers in Brazil, however, have found ways to use this material as a source of renewable energy.

On election day, Almazan won, taking 60% of the vote. When asked about their role in the election, both U.S. Sugar and Florida Crystals pointed to their efforts to encourage their employees to vote.

U.S. Sugar did not respond to questions about its donation to Florida Prosperity Fund, but company executive Judy Clayton Sanchez did offer a general statement on the election. “Glades residents elected three qualified candidates who have a track record of leadership in our community,” she said. “Elected candidates were full-time local residents with our communities’ best interest at heart and a history of protecting our rural way of life — not outsiders being influenced, directed and/or paid by out-of-town activists’ groups with anti-farming agendas.”

“While disappointing, it is not surprising that The Palm Beach Post would publish a story that challenges the validity of a fair and democratic election,” Florida Crystals said in a statement about this story. “The Palm Beach Post is not only attempting to undermine a free, fair and accessible election but also to harm the reputations of three highly regarded Glades leaders, the consequence of which will be a chilling effect on future leaders who will rethink entering public service.”

In the weeks after the election, agricultural and environmental groups pressed their cases in Tallahassee.

But, as the bill to protect farmers from lawsuits moved forward, former Pahokee Mayor Colin Walkes, who is on the leadership team of the Sierra Club’s “Stop The Burn” campaign, pushed back on assertions like Almazan’s — that outsiders were getting involved. He told lawmakers that locals were driving the anti-burn efforts.

“I want to dispel the myth that we, the locals who are opposed to the bill, are opposed to our industry,” Walkes said during a March 30 hearing. “We want to make sure that our industry thrives, but we want to ensure that we are taking care of the people that help the industry to thrive.”

On April 15, as lawmakers gave the legislation its last committee hearing, Almazan and his fellow elected officials from the Glades visited the state Capitol again. They were bused in by a group tied to the Belle Glade Chamber of Commerce. Belle Glade Mayor Steve Wilson led the charge.

Not passing the Right to Farm Act changes, Wilson claimed, would decimate the Glades.

Farming and the sugar industry are “key to the Glades community,” he said. “It’s our No. 1 economic engine. And if you stop that, trust me, you stop the community, a striving community.”

Wilson continued: “Do you think the people in the Glades are that naive, they will put themselves, their family members, their children at risk for the sake of industry or politicians?”

Almazan agreed.

“I’ve lived all around our sugar fields, and my son’s out there,” he told lawmakers. “I wouldn’t raise my kids to be in a bad environment if I thought it was unhealthy. I would have been moved out of there a long time ago.”

Rep. Ramon Alexander, a Democrat from Tallahassee, had already voted against the bill in an earlier committee meeting, but changed his second vote to a “yes.” He noted that the locals supported the changes.

“On one end, we’re talking about the environment, which is important. On the other hand, we’re talking about grits, eggs, bacon and collard greens,” Alexander said. “My point is they are in that community, and this is their way. If you don’t work, you don’t eat, and I’m not going to take grits, eggs, bacon and collard greens off of somebody else’s table.”

Two of his Democratic colleagues also withdrew their objections after listening to the testimony.

“I came in this morning with a ‘no’ vote,” said Rep. Dianne Hart, a Democrat from Tampa, who noted the opposition from environmentalists. “However, I cannot in good conscience tell you what’s best for your community.” She later told the news organizations that she felt it was important to defer to the opinions of people like Almazan who live in the community.

At the hearing, Rep. Mike Gottlieb, a Democrat from Davie, agreed.

“I’ve been sitting here on my phone looking at environmental studies and particulate matter and so on and so forth,” he said, “but when you hear the testimony of the people who are living there and working there for 40 years … they’re not telling us about horrible environmental hazards that are causing death or premature death or breathing issues.”

He then addressed the bill’s sponsor: “I was a ‘no’ as I walked in here today, but hearing you and hearing the people who testified on behalf of your bill, I’m up today.”

A week later, the bill went to a vote in the House, which joined the Senate in passing the measure. The overall tally: 147-8.

by Hannah Morse, The Palm Beach Post

Reno Seeks to Purchase Motels as Affordable Housing Instead of Letting Developers Demolish Them

2 years 10 months ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

For more than five years, the mayor of Reno, Nevada, has supported the demolition of dozens of dilapidated motels that provided shelter for thousands of residents squeezed by the city’s housing crisis, rather than rehabilitate the buildings to provide affordable housing. Now she’s changing course.

Mayor Hillary Schieve is proposing to spend hundreds of millions of dollars to acquire and rehabilitate motels in downtown through the Reno Housing Authority. In fact, the agency has already moved quietly to buy two shuttered buildings. Last week, the agency submitted an offer to buy the Bonanza Inn, a closed 58-unit motel with a history of code violations that is now part of an estate sale. It also submitted a letter of intent to make an offer on a much larger property — the 19-story former Sundowner casino-hotel.

Details of the offers — the prices, contingencies and financing — are not public. The RHA’s board of commissioners discussed the offers last month in a series of closed-door meetings allowed under an exemption in the state’s open meeting law. An RHA spokesperson said the agency has enough funds to purchase the Bonanza Inn but would need to secure financing for the Sundowner purchase. An early estimate by the RHA indicated it would cost $22 million to buy both properties and up to $50 million to rehab the buildings.

The purchases would be the beginning of a broader effort to increase affordable housing in the region, Schieve said. She supports using part of the city’s share of federal stimulus money from the American Rescue Plan Act and would like to see the state, the county and the neighboring city of Sparks chip in money, as they do for other regional projects such as Reno’s homeless shelter. Schieve also wants to explore whether the housing authority can use its existing housing stock as collateral for bonds to help finance more affordable housing. She’d like to borrow at least $200 million. She didn’t provide details on her plans for the additional funding.

“We have a real opportunity when it comes to workforce and affordable housing,” Schieve said.

The city’s about-face follows a ProPublica investigation that found Reno did little to deter the demolition of similar motels that housed some of the city’s most vulnerable residents. Nor did the city provide any incentives for landowners to replace that housing. One developer, casino-owner Jeff Jacobs, has been responsible for most of the motel demolitions, razing nearly 600 housing units since 2017. Schieve and other council members posed for photos during some of those demolitions, celebrating the elimination of what they said were blighted properties to make way for a proposed entertainment district.

After widespread criticism of the demolitions, Jacobs recently announced he would be willing to donate up to $15 million in land for an affordable housing and public parking project. The donation would be contingent on the housing authority financing the project and the city acquiring additional land, he said.

Jacobs has been assembling more than 100 parcels in downtown Reno for what he describes as a $1.8 billion entertainment district that would include hotels, restaurants and an amphitheater. He said the motels he demolished were slums that couldn’t be remodeled and said he provided relocation assistance to most of the people who lived in them.

The property sought by the Reno Housing Authority sits within Jacobs’ proposed district, directly across from his signature casino, the Sands Regency. In fact, the agency’s letter of intent on the Sundowner includes a vacant parcel on a block primarily owned by Jacobs.

The Sundowner has been vacant since 2003. The Bonanza Inn, however, was only recently listed for sale following the death of its owner. Her son told the Reno Gazette Journal that the estate was forced to sell the motel, which had been vacant for more than a year, following aggressive code enforcement efforts by the city. His family couldn’t afford to make the required repairs, he told the newspaper. The property had been cited multiple times for code violations since 2012, according to public records.

In an interview with ProPublica, Schieve reiterated that she doesn’t think “slumlords should be landlords,” but also said she doesn’t favor wholesale demolition of the hotels.

“If you can rehab something, then that’s great, obviously, and if it makes sense to,” Schieve said. “I honestly believe in saving everything you can.”

She added, “I’m not like, ‘Let’s demolish everything.’ That’s not who I am.” Rather, she said, she doesn’t believe people should be forced to live in terrible conditions.

This is the city’s first attempt, however, at preserving such buildings. In addition to supporting Jacobs’ razing of mostly squalid motels, the city used its blight fund in 2016 to finance the demolition of two vacant motels despite pleas from the community to preserve them as housing.

Schieve said the city hasn’t had the financial resources to buy and rehab motels for housing. Federal stimulus money has now made it possible to pursue such acquisitions, she said.

“It’s tough to build it. It’s expensive,” she said. “With the ARPA funds, it really gives us a foot in the door.”

by Anjeanette Damon

A Police Car Hit a Kid on Halloween 2019. The NYPD Is Quashing a Move to Punish the Officer.

2 years 10 months ago

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It was a little more than two years ago that I really started learning about the reality of police oversight in America.

On Halloween night in 2019, my wife and our then-6-year-old daughter were walking home from trick-or-treating in our Brooklyn neighborhood when they saw a New York Police Department car go the wrong way down a street and smack into a teenager, who fell and then ran away.

When I contacted the NYPD afterward, they told me that what my family saw hadn’t happened. A police car hadn’t hit a teenager. The teenager had hit the car. Or, as an NYPD statement put it, he “ran across the hood of a stationary police car.”

I ended up diving into the case and wrote about it the next summer during the global racial justice protests spawned by George Floyd’s murder.

The police had been looking for a group of Black, male teenagers who reportedly had stolen a cellphone. After the teenager who’d been hit by the car ran away, my wife, Sara, watched as officers turned their attention to other Black boys.

The police lined the boys up against the wall of our local movie theater, then arrested three of them. The boys insisted they had just been trick-or-treating. The youngest was 12. He was crying, asking repeatedly, “What did I do?”

I didn’t hear anything more about the case for a long while. Then, a few weeks ago, the city agency charged with investigating civilians’ complaints of police abuse let me know it had finally finished its investigation.

The Civilian Complaint Review Board found that, contrary to the NYPD’s assertions, an officer did hit a kid with his car. It also found that officers, including the precinct commander, had arrested the boys without justification. An officer had even drawn his gun and pointed it at one of the boys.

One of the officers, the report noted, was wearing a sweatshirt with a logo of the Punisher, a Marvel character who kills lawbreakers, which is popular with cops and white nationalists. The sweatshirt also had a blue line over the American flag and the acronym DILLIGAF. (“Do I Look Like I Give a Fuck.”) The officer told investigators he hadn’t known the meaning of the logo or the acronym on his sweatshirt.

The police response that night started when some teenagers told officers they had been robbed at the local park. But the officers only had what investigators later described as “varying and inconsistent descriptions” of who they were looking for.

The officers stopped a group of boys a few blocks away. There was little about them that matched the description of the assailants other than that they were Black, young and walking together. Indeed, the CCRB’s report noted, one of the officers “stated that he was not certain whether they were involved.”

Some of the boys ran, including the one who was hit by the police car. (They told investigators that they ran because they were scared.)

The boys who were arrested — a 15-year-old, a 14-year-old and the 12-year-old — said that the officers never offered any explanation for why they were stopped. They were released without charges, after being held for hours. Their parents said they weren’t given any documentation on the arrests. The mother of one of the boys worked for the NYPD as a school safety officer, but even she couldn’t get any record of what happened.

It was as if the case was being pushed into a fog.

The CCRB began investigating after receiving a witness complaint. But the agency’s investigations are dependent on the NYPD cooperating. And as often happens, the NYPD has been slow to do so.

Take body-worn cameras, which are often critical in abuse investigations. The CCRB noted it faced “extremely substantial delays” in getting the Halloween night footage from the NYPD. While some cities have given civilian investigators direct access to body cam footage, the NYPD has rejected calls to do the same.

The agency also did not get to interview officers until more than a year after the incident. By the time officers did finally submit to interviews, they had serious trouble with their recollections. When the officer who drove the car was asked whether he had hit a kid, he “stated that he could not remember.”

In December, the CCRB told me it had just filed disciplinary charges against the officers: for wrongful arrests, for pulling a gun without justification, and for, as the bureaucratic lingo puts it, “Force, Vehicle.”

The next step would typically be disciplinary hearings, in which the CCRB acts as the prosecutor and the proceedings are overseen by an NYPD judge, who answers ultimately to the police commissioner. While the penalties after guilty verdicts are often wrist-slappy, like lost vacation days, it seemed like this case could be a rare, if modest, victory for police accountability.

Then, about a week after I heard about the outcome of the investigation, I learned of another twist.

The NYPD had informed the CCRB that it was invoking its authority to unilaterally end the cases against most of the officers the civilian agency had charged with misconduct. No disciplinary charges would be brought against them.

Instead of letting the CCRB’s disciplinary process play out, the NYPD said it would handle the cases internally. The NYPD wrote, as it has many times before, that allowing the CCRB case to continue “would be detrimental to the Police Department’s disciplinary process.”

When it came to the officer who had hit the kid with his car, the NYPD said it was an “alleged traffic accident” and that therefore the CCRB had no authority to investigate in the first place.

The NYPD did decide that the disciplinary charges against one officer could continue — for using offensive language and telling one of the teens to stop filming on his phone.

It was all remarkable, but also par for the course.

Like many police departments around the country, the NYPD has complete discretion to overrule the civilian agency that is supposed to help oversee it.

In New York City, the police commissioner can and often does choose to ignore the results of CCRB-brought disciplinary trials. The commissioner can ignore guilty pleas and can even decide there should be no trial at all, as appears to be happening in this case. Last year, the police commissioner followed through on the CCRB’s discipline recommendations in serious cases just 27% of the time.

I sent the NYPD a series of questions, asking both about its power to ignore the CCRB and about how that power has been wielded in this case. I got a one-sentence response: “The disciplinary process is ongoing.”

We do know something about what’s happened to the officers, and about their records. Thanks to legislation that New York state passed in the summer of 2020, police records are no longer secret. The CCRB’s report names the officers involved.

Officer Christopher Brower drove into the boy, according to the report. Officer Christopher Digioia wore the Punisher sweatshirt and is the one officer still facing a disciplinary trial, for allegedly swearing at the teens. A search of their respective CCRB files shows they were also disciplined for another case together. Investigators found that, in April 2019, about six months before the Halloween incident, the two had refused to provide their names or badge numbers to a civilian. The NYPD penalized them for that with “instructions.”

The precinct commander who the CCRB concluded oversaw the wrongful arrests is Inspector Megan O’Malley. She told investigators she believed the arrests were justified because the boys ran and one had dropped a kitchen knife. O’Malley has since been promoted and now heads a precinct in midtown Manhattan.

The officer who, the report said, first ordered the boys to be stopped and then pointed a gun at one of them is Lt. John Dasaro. He told investigators he had been worried that the boy was armed. Dasaro was moved to work at the internal affairs unit that investigates use of force against civilians.

None of the officers responded to my requests for comment.

I recently shared all the developments with one of the boys from that night. He was in ninth grade when officers ordered him up against the wall. His mom and 9-year-old sister watched from across the street, where they had been trick-or-treating.

“It’s just all getting blown over,” he said, sounding deflated. “So, it’s kind of like, what’s the point of doing all this?”

But the Halloween case isn’t fully over yet.

After the NYPD said it would be overriding the CCRB cases, the agency formally objected. The NYPD has yet to give its response.

Technically, the CCRB can move ahead if the NYPD doesn’t respond. But the reality of the current system is that any discipline or trial requires the police department to be on board.

The NYPD has a new commissioner hired by New York’s new mayor, Eric Adams, a former police officer who has often talked about his experience being beaten by officers as a teenager. Like many mayors and politicians around the country, Adams has taken something of a middle ground on policing, rejecting calls for “defunding” the force while also emphasizing that misconduct can’t be countenanced.

“Justice and public safety go together,” Adams said recently. “I don’t subscribe to the belief of some that we can only have justice and not public safety. We will have them both.”

I’ve asked Adams’ office about the Halloween case — whether the mayor thinks that there has been justice in this instance.

I have yet to hear back.

Has the NYPD Stopped a Teen You Know? Are You a Young Person With a Story to Share? We’d Like to Hear From You.

Mollie Simon contributed research.

by Eric Umansky

What Germany’s Effort to Leave Coal Behind Can Teach the U.S.

2 years 10 months ago

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This story was co-published with The New Yorker and is exempt from our Creative Commons license until April 1, 2022.

In late September, just before the German parliamentary elections, the Alternative für Deutschland held a large campaign rally in Görlitz, a picturesque city of about 56,000 people across the Neisse River from Poland. I was making my way down a narrow street toward the rally when I entered a square that had been dressed up as Berlin circa 1930, complete with wooden carts, street urchins and a large poster of Hitler.

Görlitz, which was barely damaged in the Second World War, often stands in for prewar Europe in movies and TV shows. (“Babylon Berlin,” “Inglourious Basterds” and other productions have filmed scenes there.) It was a startling sight nonetheless, especially since, a few hundred yards away, a crowd was gathering for the AfD, the far-right party whose incendiary rhetoric about foreign migrants invading Germany has raised alarms in a country vigilant about the resurgence of the radical right.

In fact, at the rally, the rhetoric about foreigners from the AfD’s top national candidate, Tino Chrupalla, was relatively mild. Germany’s general success with handling the wave of more than a million refugees and migrants who arrived in the country starting in 2015 has helped undermine the party’s central platform. Chrupalla moved on from migrants to other topics: the threat of coronavirus-vaccination mandates for schoolchildren, the plight of small businesses and the country’s desire to stop burning coal, which provides more than a quarter of its electricity, a greater share even than in the United States.

Coal has particular resonance in the area around Görlitz, one of the country’s two large remaining mining regions. Germany’s coal-exit plan, which was passed in 2020, includes billions of euros in compensation for the coal regions, to help transform their economies, but there are reports that some of the money has been allocated to frivolous-sounding projects far from the towns most dependent on mining. Chrupalla, who is from the area, listed some of these in a mocking tone and told the crowd that the region was being betrayed by the government, just as it had been after German reuni­fication, when millions in the former East Germany lost their jobs, leading many to abandon home for the West. “We are being deceived again, like after 1990,” he said.

Such language was eerily familiar. For years, I had been reporting on American coal country, where the industry’s decadeslong decline has spurred economic hardship and political resentment. In West Virginia, fewer than 15,000 people now work in coal mining, down from more than a 100,000 in the 1950s. The state is the only one that has fewer residents than it did 70 years ago, when the U.S. had a population less than half its current size — a statistic that is unlikely to surprise anyone who has visited half-abandoned towns such as Logan, Oceana and Pine­ville. Accompanying the decline has been a dramatic political shift: A longtime Democratic stronghold, West Virginia was one of only 10 states to vote for Michael Dukakis in 1988; in 2020, it provided Donald Trump with his second-­largest margin of victory, after Wyoming, which also happens to be the country’s largest coal producer, ahead of West Virginia.

The statistics are strikingly similar in Lusatia, the coal-mining region that stretches north of Görlitz along the Polish border, straddling the states of Brandenburg and Saxony, about 90 miles southeast of Berlin. Since 1990, employment at coal mines and power plants has plunged from 80,000 to less than 8,000, and the region’s population has fallen sharply, too. Hoyerswerda, in the heart of the area, has lost more than half of its 70,000 inhabitants, leaving a constellation of vacant Eastern Bloc high-rises; Cottbus, the region’s largest city, has dropped from roughly 130,000 people, just before the Berlin Wall fell, to less than 100,000. And the rightward shift visible in West Virginia has happened here, too: Along with the rest of eastern Saxony, Lusatia is the AfD’s stronghold, with the party capturing more than a third of the vote in some towns.

But there’s one crucial difference between the two places. As part of its “Energiewende,” or energy pivot, Germany has embarked on a formal effort to exit coal, with a national commission and subsequent legislation setting specific closure deadlines for mines and plants, and distributing billions of euros in compensation to coal companies, workers and the regions themselves. In the U.S., the coal exit has been haphazard. Federal attempts to move beyond coal went dormant under President Donald Trump, and under President Joe Biden they are now running up against the opposition of Sen. Joe Manchin, the West Virginia Democrat who holds both the crucial 50th vote in the Senate and a stake in a family coal business that earned him nearly $500,000 in 2020. To the extent that the country has reduced its coal usage, it has been driven mostly by the profusion of cheap natural gas. The effort to provide solutions to the social and economic fallout for coal regions has been limited to fledgling projects, such as a working group that Biden convened last year to identify communities in need and funding opportunities for them to pursue.

This contrast was what brought me to Lusatia. The German coal exit has assumed outsized symbolic importance in a world that desperately needs to reduce carbon emissions: The Intergovernmental Panel on Climate Change says that we need to stop adding carbon dioxide to the atmosphere by 2050 in order to have any hope of keeping warming to 1.5 degrees Celsius. Burning coal for electricity represented nearly a third of all energy-related carbon emissions — the world’s single largest source — in 2018, and the International Energy Agency believes that global consumption of coal power reached record levels last year. In the absence of leadership from the U.S., Germany is seeking to show how a major manufacturing power can reduce its reliance on coal without causing too much economic damage or political backlash. A lot is riding on whether the country can pull it off.

A parking lot at the Boxberg coal-fired power plant, owned by a Czech-controlled company called LEAG, in eastern Germany. (Joakim Eskildsen/Institute for The New Yorker)

“God created Lusatia, and the Devil buried brown coal underneath it.” This saying is credited to the Sorbs, the ethnic Slavic people who have lived in the region — “die Lausitz” — since the sixth century. The land was swampy, and the area remained relatively impoverished, with the exception of the cities at its southern end, Görlitz and Bautzen, which flourished as market hubs on one of Central Europe’s primary east-west trade routes.

Everything changed after the discovery of the brown coal, in the late 18th century. Brown coal, or lignite, is sedimentary rock that is less compressed than typical bituminous coal. Lignite is softer, closer to peat in carbon’s geological arc. It’s also even dirtier to burn than bituminous coal and emits even more carbon.

Because lignite sits closer to the surface than bituminous coal, workers don’t need to dig deep shafts and tunnels. Instead, they use the open-cast method, excavating the clay and sand that lie above the lignite seam. This is safer than sending workers deep underground. But it requires removing everything that stands in the way, and in densely settled Central Europe that means demolishing villages — “Braunkohle” mining has led to the destruction of hundreds of communities in Germany. Once the mines are exhausted, they are either flooded to become lakes or leveled off with fill, which often leaves the land unusable for farming and in some cases even too unstable to walk on. “No entry” signs dot the local woods.

Open-cast mining started in Lusatia around 1900, and, in the decades that followed, the villages targeted for destruction tended to be Sorbian. The new industry brought a wave of workers to the area, mostly ethnic Germans, and a prosperity that it hadn’t known before. Lusatia produced coal briquettes that warmed homes and the fuel that lit the streets of Berlin and powered factories in Chemnitz and Dresden. The German word for miner has a noble connotation: “Bergmann” — literally, “mountain man.”

Brown coal is found in western Germany, too, near Cologne. But there it was long overshadowed by the much larger sprawl of bituminous mines in the Ruhr region, just to the north. These mines transformed the area into Germany’s great industrial powerhouse, a vast urban agglomeration home to Essen, Dortmund and other manufacturing cities. Germany’s coal riches were integral to the new nation’s rise in the late 19th century, to the war machine that sustained it through two horrific conflicts and to West Germany’s rebound in the 1950s, after which the region’s bituminous mining became less competitive with imported coal. In 2018, mining of bituminous coal in Germany was shut down for good.

In the coal regions of the former East Germany — Lusatia and a second region, near Leipzig, which has seen employment decline even more precipitously — the cultural and economic hold of coal persists. Braunkohle was the German Democratic Republic’s only major energy resource — it had almost no oil or bituminous coal — so the country opened several dozen open-cast mines in the postwar decades, destroying many more villages in the process. It built high-rise apartment towers in the larger towns to relocate people from the destroyed villages and to house mine workers. It gave these workers preferential pension payments and exalted them as paragons of the “workers’ and farmers’ state,” as the country’s leaders called the GDR. “Being a miner meant something,” a retired excavator operator, Monika Miertsch, told me. A former electrical engineer in Cottbus recalled that, when he was a child in the GDR, his teachers endlessly told students that their small nation produced more brown coal than any other country in the world. Christian Hoffmann, a naturalist who grew up in Weisswasser, in Lusatia, said that people would snap to attention whenever a band started playing the coal-miner anthem, “Steigerlied.”

The industry permeated local life. The soccer team in Cottbus is named Energie. Regional artists put Braunkohle mines on canvas — a museum in Cottbus recently held a retrospective of the work. One of East Germany’s best-known singer-songwriters, its Bob Dylan, was an excavator operator from Hoyerswerda named Gerhard Gundermann, who kept working in the giant pits even as his musical career blossomed.

After my first visits to Lusatia, which is now home to slightly more than a million people, the dominance of Braunkohle started to seem overwhelming. It was as if everyone was working for the industry or had lost his or her family’s village to it, or both — which helped explain why some residents weren’t too upset about the latter. It made for an especially stark manifestation of the trade-off between the coal-based development of the modern world and the environmental costs that came with it. “They knew that it gave work. They accepted it,” Hannelore Wodtke, a member of the town council in Welzow, said when we met. We were in Proschim, a village that she helped save from a planned expansion of the Welzow-Süd mine, two years ago. “Through coal, people did earn well. And that’s why it looks pretty good around here.”

The Schwarze Pumpe power plant, near the Welzow-Süd brown-coal mine in eastern Germany. (Joakim Eskildsen/Institute for The New Yorker)

One Saturday, I accompanied a group into the Welzow-Süd mine, on a tour offered by the owner of all the Lusatian mines, a Czech-controlled company called LEAG. We started at an outlook above the mine, a vast barren moonscape stretching to the horizon, 4 miles across, and then a bus took us down a long winding dirt road, pausing to let us admire giant excavators — more than 600 feet long, among the largest machines in the world — that would resume work on Monday morning.

At last, we arrived at a seam of brown coal, about 300 feet underground. A guide handed out plastic bags and encouraged us to pick up chunks as souvenirs. Some pieces were so soft or ragged that they resembled old wood or caked mud. It was hard to believe that this rudimentary stuff was still powering one of the wealthiest countries in the world.

I recalled a similar moment, years earlier, when I was far belowground, in a mine in southern Illinois, watching workers shear bituminous coal off a seam at the end of a 3.5-mile tunnel. It had seemed unbelievably archaic at the time — men tossed hunks of black rock onto a conveyor belt so that we could power our laptops and cellphones. The giant hole in Lusatia seemed even more unfathomable: machines had destroyed villages, and then larger machines had dug into the fossilized past for 300-million-year-old carbon with which to fuel yet other machines, our daily life.

“Watching coal-miners at work, you realize momentarily what different universes different people inhabit,” George Orwell wrote in “The Road to Wigan Pier,” his 1937 account from the North of England. “Down there where coal is dug it is a sort of world apart which one can quite easily go through life without ever hearing about. Probably a majority of people would even prefer not to hear about it. Yet it is the absolutely necessary counterpart of our world above. ... Their lamp-lit world down there is as necessary to the daylight world above as the root is to the flower.”

That quality of not wanting to hear about the mining of coal, the reluctance of those in far-removed cities to make the connection between their world and that other one, provoked much of the resentment in the produc­ing regions of the U.S. “This country benefited from having the cheapest electricity in the world,” Cecil Roberts, the president of the United Mine Workers of America, told me in New York in July, after a rally of current and retired miners on behalf of striking Warrior Met Coal workers in ­Alabama. “So what are we going to do with these communities?”

I heard a similar sentiment from miners in Germany. “If we really shut down now, then Berlin will have no more electricity,” Toralf Smith, a leading representative for power-plant workers in Lusatia, told me. “And I’d like to see how it goes at the universities in Berlin when the toilets don’t function and the cellphones don’t function and the internet doesn’t function. When their lives don’t function. It’s a lack of respect. If we have to switch things over for the sake of climate politics, we won’t stand against that, but it can’t be done on our backs. It has to be done with us.”

In 2019, the sociologist Klaus Dörre, of the University of Jena, and a team of researchers interviewed dozens of coal workers in Lusatia about the region’s transition away from the industry. They found that workers keenly felt the loss of “Anerkennung” — recognition or esteem — that they and their forebears had enjoyed in East ­Germany. The workers cited opprobrium like that from a Green Party state legislator in western Germany who tweeted a protest poster that read “Whether Nazis or coal, brown is always shit.” One worker told the researchers: “In [East German] times, we were the heroes of the nation — that’s what they always said. And now we’re the fools or evildoers of the nation, because we have to let ourselves be scolded as Nazis or murderers or polluters and I don’t know what else. And that hurts.”

When I visited Dörre in his office in Jena, he said that the overriding theme from the interviews was the lingering trauma of the economic dislocation after the collapse of the Wall, a period known as “die Wende.” “The story that was told to us was: ‘We’re the survivors, from 80,000 down to 8,000. Now you’re all coming and want to give us a second Wende.’”

But his team also found that the workers were not necessarily all gravitating to the AfD as a result of their anger and anxiety. Organized labor still has a strong hold on the German coal industry, unlike in the U.S.; the national coal workers’ union is allied with the center-left Social Democratic Party and has managed to keep many members from straying right. Union leaders, as Dörre wrote in a report summarizing his research, hope that the region as a whole can also be kept from straying too much further right: “If you can manage to show that positive development is possible for the region, despite the coal exit, that would cut the ground out from under the AfD.”

In 2020, China built more than three times more new capacity for generating power from coal than the rest of the world combined. Last year, despite recurring pledges to start corralling carbon emissions, the country produced a record 4 billion tons of coal, up nearly 5% from the year before. Defenders of coal in Germany like to point to figures like this, along with the fact that Germany’s greenhouse-gas emissions constitute a mere 2% of the global total. Why should Germany be putting its economy at risk for such relatively slight gains?

Such arguments have stood little chance against Germany’s vigorous climate-activism movement. Activists and energy analysts told me that the country bears a special responsibility to reduce emissions. As a major industrial power, it produced a significant share of historical emissions; as manufac­turing has shifted to Asia, the nation’s consumers are relying on goods produced elsewhere, making them partly responsible for emissions there, too; and, as a wealthy nation, Germany has the resources to demonstrate a better path. “It makes a huge difference if well-off, industrialized Germany manages to transition away to a different system that sustains its prosperity without causing massive emissions,” Benjamin Wehrmann, a Berlin-based correspondent for Clean Energy Wire, said. “Most people in the industry agree that its signaling effect is much larger than the actual effect.”

This exceptionalism has, however, complicated the effort to leave coal. Germany has long been home to a strong anti-nuclear movement, partly as a result of its fears of being caught in the middle of a Soviet-U.S. nuclear war. In 2000, the governing coalition of the Social Democrats and the Green Party, whose roots lay in anti-nuclear activism, agreed to phase out nuclear power. Chancellor Angela Merkel reversed this stance in 2009, after her center-right Christian Democratic Union regained power, but in 2011, in the wake of the Fukushima disaster, she announced that the country would close all 17 of its nuclear power plants within 11 years. To replace the lost energy — nearly a quarter of the country’s load at the time — Germany would ramp up renewable energy. Thus the Energiewende accelerated.

Since then, the country has greatly expanded its wind and solar capacity. The dramatic shift toward renewables in a country of 83 million people helped drive down prices worldwide for wind and solar equipment, fulfilling the country’s self-conception as a market leader. (This plunge in prices came at a cost, though, as cheap Chinese solar panels put many German panelmakers out of business.)

But the expansion has slowed in recent years, owing to a combination of state-level restrictions on siting wind turbines, resistance to turbines and transmission lines among conservationists and local residents, and a reduction in subsidies for wind-power developers. In the first half of 2021, coal was back to providing more of the country’s electricity than wind. Most experts estimate that, to meet its renewable-­­energy goals, Germany needs to quadruple its wind production, to the point where turbines cover 2% of the country’s landscape. And Germany is already contending with some of the highest electricity prices in the world, a source of consternation for domestic manufacturers seeking to remain globally competitive.

This was the daunting context in which the government convened its commission for the coal exit — “Kohleausstieg” — in June 2018. Germany’s per-capita carbon emissions were still significantly higher than the EU average. Activists were demanding a fast response — hundreds of them had, since 2012, occupied Hambach Forest, a patch of woods in western Germany that was threatened by the expansion of a brown-coal mine. But the country needed to time the exit so that it could be assured of having enough power not only to replace both coal and nuclear energy but to add capacity, in order to handle the coming transition to electric-powered vehicles. (Tesla recently built a manufacturing plant outside Berlin.)

The 31-member Commission on Growth, Structural Change and Employment consisted of environmentalists and scientists, industry representatives and trade unionists, and residents and elected officials from the coal regions. It met regularly in Berlin and visited some coal towns. In January 2019, after its final meeting, which ran until almost 5 a.m., it voted nearly unanimously in favor of a plan to exit coal by 2038. In July 2020, the Bundestag passed a law with closure dates for various mines and power plants, and specific sums for compensation: 4.4 billion euros for the power companies, 5 billion euros for older workers to retire a few years early (separate funds would cover younger workers while they looked for new jobs) and, most important, 40 billion euros for the mining regions to help them with their economic transformation, a process known as the “Strukturwandel.”

It was a remarkable achievement, an example of postwar Germany’s consensus politics. “At a fundamental level, that all these different branches of society were able to come together around a coal exit is very significant,” Ingrid Nestle, a Green member of the Bun­destag, told me. Climate-change experts in the U.S. looked on with admiration. “They got the environmental community, labor community and business community together to hash it out,” Jeremy Richardson, an energy analyst and a West Virginia native formerly with the Union of Concerned Scientists, told me. “You have to get people together, and you have to ­invest.”

But it did not take long for the good feelings to fade. Environmental groups and Green Party leaders began arguing that the country needed to move up the exit date if it wanted to meet the European Union’s new, more ambitious goal of cutting emissions by 55% from 1990 levels by 2030. In April 2021, Germany’s Federal Constitutional Court ruled that the country’s existing climate efforts did not go far enough to stave off disaster. And, in July, heavy rains caused devastating flooding in western Germany, near Belgium. The floods killed at least 180 people and destroyed entire towns, drawing greater attention to the possible effects of climate change.

As the election to replace Merkel got underway during the summer, climate change was central. Having sat through countless American presidential TV debates where the subject was barely mentioned — and where politicians couldn’t even agree on whether climate change is real — I was astonished to see it take up 20 minutes in each of the three German debates that I watched, and to see the candidates toss around “Klimaneutralität” and Kohleausstieg as if they were household terms. The Social Democrats’ candidate for chancellor, Olaf Scholz, agreed with his Green rival, Annalena Baerbock, on the urgent need to reduce carbon emissions. On Election Day, Sept. 26, the Social Democrats won more votes than Merkel’s center-­right Christian Democrats, putting them in a position to form a government with the Greens and the pro-­business Free Democrats.

The AfD saw its nationwide numbers sag, but, in the coal towns of Lusatia and the nearby regions of eastern Saxony, the party did even better than it had four years earlier.

I encountered an AfD voter at a wind-­turbine factory in Lauchhammer, on the western edge of Lusatia. The Danish company Vestas had opened the plant in 2002, and it seemed to embody the ideals of the Energiewende: a century earlier, Lauchhammer had been home to one of the first brown-coal mines in the region, and now it was making the machinery of renewable power. But, a week before the election, Vestas announced that it was shutting down the factory, a decision widely attributed to the slowing growth of wind power in Germany. It will lay off the plant’s 460 employees early this year.

I arrived at the factory one weekday evening at dusk and waited in a light rain in a parking lot. After a while, a young man emerged, headed for his car. Cornell Köllner, a genial 31-year-old, had worked at the plant for five years as a mechanic, advancing to a supervisory role. He enjoyed the work and did not know what he would do next. The only other major employer in this part of Lusatia was BASF, the chemical company, which had a plant in nearby Schwarzheide that would soon be expanding into battery production. He could look for work outside the region, but he had recently bought a house, and he did not want to leave his family. “I’ve got to look for work here in the area,” he said.

The confounding nature of it all — shuttering a wind-turbine factory at a time when the country was supposedly ramping up renewable energy, and doing so in the region that was supposed to be targeted for extra assistance in managing the transition — had only confirmed for Köllner his preference for the AfD. “Not because of ‘Nazi,’ God forbid,” he said. “But because AfD is proposing something completely different.” I pressed him on what, exactly, that was, what the party would do to help Lusatia or people like him, but he stuck to generalities. “They would change things,” he said. “They would really change things.”

Reluctance to leave in search of work elsewhere was widespread in Germany. “We work where we live,” Klaus Emmerich, the chief worker representative at the Garzweiler mine, in the western region, told me. “Where we live, that is our ‘Heimat’” — the German word that expresses something stronger than just “home” or “home town.”

Again, the echo was strong from U.S. coal regions, where residents, especially younger ones, constantly wrestle with the question of whether to stay or go. “It’s just home,” John Arnett, a Marine veteran who worked for a closing coal-fired plant in southern Ohio, told me in 2018. “I’ve been a bunch of different places, different countries. I’ve been across the equator. And now this is where I want to be, or I’d have stayed somewhere else. It’s the most beautiful place in the world, these hills.”

The people who remained often took offense at the economist’s or the pundit’s counsel that the only thing to do for regions that had lost their former economic rationale was to give people a bus or plane ticket out. In the U.S., the rate of people moving across state lines has in fact dropped by half since the early ’90s, a trend attributed to, among other things, the cost of living in higher-opportunity cities and the breakdown of the traditional nuclear family, which leaves people dependent on extended family for child care or elder care.

The stay-or-go question is particularly sensitive in eastern Germany, because of the flight of younger people that occurred in the years after reuni­fication. Die Zeit estimates that 3.7 million people, a quarter of the population of the former GDR, eventually left. One night, at a tavern in Hoyerswerda, I talked with Jörg Müller, a 56-year-old man who worked at the BASF plant, making paint for German car companies, and who had in his youth done cleaning jobs at the mine where his father worked as an engineer. Müller, who had brought up his children alone after his wife died young, of cancer, was worried about the impact that higher energy prices could have on BASF’s prospects. But his main preoccupation was his grown children, who had left the area — one to study in Dresden, one to work in Kassel, in the former West Germany. I asked him how often he saw them. “Once or twice a year,” he said.

A structure in Mühlrose bears a sign that reads, in part, “Save Our Beautiful Mühlrose” and “We Want to Stay.” The town is among the last in Lusatia that will be lost to coal mines. (Joakim Eskildsen/Institute for The New Yorker)

To coal’s opponents in Germany, such laments about hometown decline are undermined by the fact that the industry has been demolishing home towns for decades. The extent of the destruction is all the more striking in a culture that generally idealizes the village. Even amid all the devastation wrought by the coal industry in Appalachia — the mountaintop-removal mining, the coal-slurry spills — coal companies have not had to wipe entire towns off the map, as happens in Germany.

The week after the election, I traveled to the western brown-coal region, known as the Rhenish district, which has become the primary front for climate activists seeking to halt mining via direct action. They had succeeded in sparing Hambach Forest, and many had now moved to a new encampment, in a tiny hamlet called Lützerath that was on the verge of being claimed by the Garzweiler mine. Part of the hamlet had already been demolished by RWE, the German energy company that owns all the western region’s mines and power plants, which employ about 9,000 people. The only villager still living in Lützerath was a 56-year-old farmer who was fighting the company in court and had welcomed more than a hundred activists to set up camp on his property. An RWE spokesperson told me that the company “will continue to try to find an amicable solution with the landowner.” The spokesperson added that RWE works closely with those affected by its plans and stands by its promises.

On Oct. 1, the day that the company was allowed to resume removing trees there, I cycled from the town of Erkelenz through fields of harvested sugar beets to reach Lützerath, where several dozen advocates had joined the occupiers to launch the defense. It made for a jarring juxtaposition: there were the remaining trees around the hamlet, festooned with treehouses and anti-coal banners; a narrow strip where the advocates were arrayed to speak; and, behind them, a vast pit, with excavators ­churning away at the edge of it. “If Lützerath falls, then the 1.5-degree limit falls,” Pauline Brünger, an activist with the youth movement Fridays for Future, said. “It lies in our hands — 1.5 degrees is nonnegotiable. Lützerath must stand.”

I wandered into the encampment, where activists were breaking down pallets to build huts and more treehouses while others held an orientation session for new arrivals. Many wore balaclavas to try to hide their identities; others wore COVID masks that served the same function. When I took pictures, a young woman came over to stop me.

Suddenly, a cry went up from the entrance to the encampment: Two large excavators were approaching the hamlet. A couple of dozen activists marched down the road to block them. One of the drivers climbed out, saying that he and his colleague were only doing land-­reclamation work on the older portion of the mine and were coming to park their equipment for the weekend. The ­activists refused to let him through. “Hey, have a lot of fun sitting!” he called out angrily as he reversed back down the road.

Soon afterward, two large pickups approached from the other direction, loaded with concrete blocks and metal fencing, and rolled into the main assemblage of protesters; they were bringing the materials for an added security perimeter and had taken a wrong turn, right into the enemy camp. The activists fell upon them and unloaded the blocks and fencing to build their own security perimeter, preventing access to one of the hamlet’s roads. The drivers sat helplessly in their cabs, watching the expropriation. Finally, a handful of police officers arrived and, after some cajoling, arranged for the materials to be returned and for the trucks to be allowed back out.

Nearby, five larger villages were also threatened with destruction by RWE. Most families had already sold their homes to the company and moved out, many of them to new developments on the outskirts of Erkelenz that had been built to house relocated families and had even been named for the marked villages — Kuckum-Neu, Keyenberg-Neu and so on. Tina Dresen, 21, and her family were still holding out in Kuckum, and she told me how strange it had been to grow up in the shadow of Garz­weiler and to see other villages falling to the bulldozers, one by one. “On the right side of my home was the hole, and life ended there,” she said. “I didn’t know anyone who lived there, and the bus stopped driving there, and the ­villages were destroyed there. I lived only to the left.”

She told me that some of the vacant homes in Kuckum were being used to house families who had lost their homes to the recent flooding. The irony was overpowering: people rendered homeless by a disaster likely exacerbated by climate change were now living in homes made available by the looming displacement of the coal mining that was contributing to climate change.

That evening, I rode my bike to Kuckum and found one of the displaced families. Anja Kassenpecher had been relocated to the village with her son, four cats and two dogs after the flooding destroyed her beloved half-timber house in the town of Ahrweiler. “What happened in the flood catastrophe, that was nature, and one couldn’t do anything against that,” she said. “But the dismantling of the coal here, one could do something about that.”

In 1945, the victorious Russians removed a 30-kilometer stretch of rail between Cottbus and the town of Lübbenau to take back to the Soviet Union, one of many such claims made throughout eastern Germany. The rails were never replaced, and the single track in that stretch has meant that trains run between Cottbus and Berlin only once an hour — less than ideal by German standards. Part of the Strukturwandel’s 40 billion euros will be used to replace the missing track.

But, toward the end of 2021, reports kept appearing in the local and national media of the questionable ways other portions of the fund were being put to use by federal agencies and by the obscure provincial councils that were overseeing much of the spending: a techno festival, a zoo, new streetcars in Görlitz. Coal defenders and opponents alike told me how wrong they thought it was to spend 310 million euros on a new branch of Germany’s public-health agency in an exurb of Berlin 60 miles from Cottbus, or millions more on the renovation of a cultural center in a town 30 miles from Dresden, far from the coal towns. In November, 11 mayors met to express their frustration with the spending decisions and to demand that communities closest to the coal mines get more of a say. “If it goes on like this, the pot will be empty,” Tristan Mühl, the mayor of the village of Krausch­witz, told me afterward. “The ­perspective of the community is ­missing.”

Part of the challenge for the appropriators was structural: Under European Union rules, they were forbidden to use the money to subsidize new or existing businesses in the region. Instead, the discussion was of funding research ­institutes for renewable energy, including innovations in hydrogen power, that might eventually lead to job creation. René ­Schuster, a Cottbus-based representative of the environmental group Grüne Liga, told me that it was doubtful whether such ventures would ever come close to replac­ing the jobs that would vanish in the coal exit. “I doubt you’re going to get a boom in new jobs that will replace what you’re losing from coal,” he said. “That you’re going to get 7,000 jobs, that’s not going to happen.” But it was still wrong to think of the coal jobs as somehow sacrosanct, he added. “It’s often discussed as if coal workers have a fundamental right to their job. There’s no right to an income. You have a fundamental right to your ­property. Whoever gets relocated, their property rights are being encroached on. But whoever wants to live off that relocation, well, they have no fundamental right to that.”

After the election, Olaf Scholz and his counterparts in the Greens and the Free Democrats began negotiating the coal-exit terms for their coalition pact, including whether to move the 2038 date to 2030. Adding pressure was the concurrent climate summit in Glasgow, Scotland, where a major focus was whether to mandate a global end to burning coal. The talk of an earlier exit prompted more consternation in Lusatia, where many viewed it as a breach of the commission’s compromise. “By 2030, little of this will have got started,” Christine Herntier, the mayor of Spremberg, said of the Strukturwandel.

Every day or two, I checked an app called Electricity Map, which shows the sources from which countries are drawing their electricity. Invariably, coal was Germany’s largest source, with wind a distant second or third. The plan was to use natural gas as a bridge to the expansion of renewables, but that would require building more gas power plants, fast, and would also mean making Germany even more dependent on Russia, one of its biggest gas suppliers. Recently, Russia built a controversial new pipeline to Germany through the Baltic Sea, called Nord Stream 2. As a last resort, Germany could buy nuclear-based electricity from France, which has remained staunchly ­committed to nuclear power, or coal-fired ­electricity from Poland, but not without hypocrisy, given its own disavowal of both sources.

On Nov. 24, the coalition released its governing agreement, which called for “ideally” moving up the coal exit to 2030. The rhetorical wiggle room satisfied neither side and reflected the bind in which the country has found itself. Germany had set out to be an example of how to relinquish the dirty-­energy source that had enabled modernity. It had developed a clear timetable, and it had agreed on significant compen­sation, recognizing that there was a societal obligation to people whose liveli­hood was being shut down as a ­matter of policy. The process was undoubtedly superior to what was playing out at the same time in the U.S., where the Biden administration’s plan to spend $555 billion on incentives to reduce greenhouse-­gas emissions, as part of the sweeping Build Back Better package, was foundering, shy of majority support in the Senate.

But Germany was also at risk of being an unintended example, one that could be cited by opponents of the imposition of emissions reductions. (A recent Wall Street Journal editorial was titled “Germany’s Energy Surrender: Rarely has a country worked so hard to make itself vulnerable.”) The exit from nuclear power was leaving the country much less space to maneuver as it tried to move away from coal. And the lack of transparency and forethought with the regional spending undermined the purpose of the compensation: to convey that, this time around, the rest of the country really did care what happened to its left-behind places.

On my final visit to Lusatia, in November, I met Lars Katzmarek, an employee at LEAG, the coal company, at a coffee shop in Cottbus. Katzmarek, who is 29, oversees telecommunications at the mines, a job he loves and hopes to keep until things shut down. He was not drifting to the AfD: He is a loyal Social Democrat, he believes in climate change and he even met with some Fridays for Future activists in 2019.

But he understood the feeling of betrayal in the region. His parents both worked in Braunkohle. His mother lost her job in the ’90s and never found steady work again. Cottbus has experienced the third-highest rate of departures to western Germany of any city in the former GDR, and nearly all of Katzmarek’s high school friends have left town. It was hard now to watch a new wave of people leaving the company and the region because they didn’t believe the promises of the Strukturwandel. “The sorrow is gigantic,” he said.

Katzmarek composed rap music on the side, and he had recently produced a single about Lusatia’s plight, which included clips of him singing atop one of the turbines at the Vestas plant — before the news came of its closure. “For politics to win back the trust of the people, it has to finally be the case that things are carried out the way they said they would,” he said. “This is the big chance to win back trust.”

What you couldn’t have was a coal exit that led to a decline in German industry because of higher electricity costs. “You can’t have deindustrialization in Germany,” he said. “Industry means prosperity. A loss of prosperity would be absurd. If other countries look to see how Germany has fared, and they see deindustrialization and a loss of prosperity and the people growing discontent and populism gaining a new foothold, who would follow our example?”

His nuanced tone made me wish that we had more time to talk. But he had to catch the hourly train to Berlin to visit one of his many friends who had left Lusatia.

Alec MacGillis conducted the reporting for this article while holding the Fall 2021 Holtzbrinck Fellowship at the American Academy in Berlin.

by Alec MacGillis

EPA Rejects Texas’ More Lenient Standard for Highly Toxic Air Pollutant

2 years 10 months ago

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This article is co-published with The Texas Tribune, a nonprofit, nonpartisan local newsroom that informs and engages with Texans. Sign up for The Brief Weekly to get up to speed on their essential coverage of Texas issues.

As part of a sweeping announcement detailing strategies to crack down on toxic industrial air pollution, the U.S. Environmental Protection Agency announced this week it was moving to formally reject Texas’ less protective standard for the potent carcinogen ethylene oxide and stick with its own scientific conclusions, a move that clears the way for significant reductions in emissions nationwide.

EPA Administrator Michael S. Regan announced the decision after an investigation by ProPublica, in collaboration with the Texas Tribune, revealed that ethylene oxide, a low-odor, ubiquitous gas that is used to make everyday household items like dish soap, is contributing to the majority of the excess industrial cancer risk in the United States.

In 2016, nearly two decades after it began assessing ethylene oxide’s link to cancer, the EPA concluded that the chemical was 30 times more carcinogenic to people who continuously inhale it as adults and 50 times more carcinogenic to those who are exposed since birth than the agency previously thought.

Industry groups fought the EPA throughout the assessment process, arguing that ethylene oxide was far less harmful than agency scientists determined.

The companies found an unwavering ally in Texas. A year after the EPA published its conclusions, the Texas Commission on Environmental Quality launched its own assessment of ethylene oxide that scientists have criticized for excluding studies linking the chemical to breast cancer and drawing on cherry-picked analyses of the data that the federal agency had examined. The state standard that resulted is 2,000 times more lenient than the EPA’s. (Excess cancer risk for a chemical is calculated as the number of additional cancer cases that are expected to result from a lifetime of exposure.)

Last year, after the EPA finalized changes to one of its six major regulations governing ethylene oxide, industry groups petitioned the federal agency to consider reassessing its decision and relying on the standard set by TCEQ instead of its own.

The decision announced Wednesday dealt a blow to their hope that the EPA would rely on Texas’ less protective standard.

“Today we reinforce and advance EPA’s commitment to protect overburdened communities by following the best available science and data,” Regan said in a statement. “People living near chemical plants are increasingly concerned about exposure to ethylene oxide, and the science shows it is a potent air toxic posing serious health risks.”

Neil Carman, clean air director for the Lone Star Chapter of the Sierra Club, said the announcement is a “game changer” that clears the way for significant, and more expedient, reductions in ethylene oxide emissions in Texas and across the country. He added that the decision sends a strong signal to industry that the EPA will defend its own science as the agency continues to update rules for ethylene oxide emissions.

“This really punches TCEQ in the gut, in essence, on ethylene oxide,” he said. “Once they finalize this new proposal, it’s got big effects for Texas.”

The EPA’s announcement “shows science and facts matter, and sends ripples of hope out to people breathing ethylene oxide every day, who are also seeking far more urgent and concrete action from EPA,“ said Emma Cheuse, an attorney with Earthjustice, a Washington, D.C.-based nonprofit that represents communities and environmental groups in legal proceedings.

The public will have 45 days to comment on the agency’s decision before it is finalized and five days to request a virtual hearing after the agency officially publishes its notice. But experts said the strong language the EPA used in its announcement suggests it’s not going to reverse course.

The process for incorporating the federal government’s standard into a set of rules governing ethylene oxide emissions is expected to take until at least the end of 2024. That doesn’t account for the time it will take to settle any legal challenges from industry groups.

If fully incorporated into the half-dozen federal rules that dictate how much toxic air pollution industrial facilities can emit, the EPA’s ethylene oxide standard could require more than 160 industrial plants across the country to slash emissions of the chemical.

Legal experts said that once the federal government finalizes its approach, it will be difficult for future administrations to reverse the standard as the EPA did with previous regulations under former President Donald Trump.

“That is because a court will demand reasons from EPA for changes,” said Wendy Wagner, an environmental law professor at the University of Texas. “The more good reasons EPA gives for the current approach, the harder it will be in the future for EPA to move in a different direction.”

The American Chemistry Council, the powerful lobbying group representing the chemical industry that had requested the EPA consider using Texas’ ethylene oxide standard, said in a statement that it needed to review EPA’s explanation. But the group argued that such public policy decisions should be more “inclusive,” and noted that companies that make or use ethylene oxide have invested in technologies and research to reduce emissions of the chemical.

“As a result of these actions, industrial ethylene oxide emissions have already fallen dramatically nationwide over the past two decades,” the statement said.

Still, EPA data that relies on the agency’s new ethylene oxide standard, and on emissions reports from the companies themselves, shows facilities are releasing enough of the chemical to increase cancer risk for nearby residents.

Todd Cloud, a Georgia-based air quality consultant who worked in the petrochemical industry for 20 years, said he thinks it will be difficult for many facilities to meet the EPA’s stricter standard without relocating to “the middle of nowhere” where their emissions won’t waft into populated areas.

“If that standard is accurate then there is no safe level of emissions of EtO, and the only alternative is to remove it from the stream of commerce,” he said. “That’s why you’re seeing some of the pushback here.”

Midwest Sterilization Corporation’s plant in Laredo emits thousands of pounds of ethylene oxide every year. (Kathleen Flynn, special to ProPublica)

The risk from ethylene oxide is particularly acute in Texas, the nation’s top ethylene oxide polluter and home to at least 26 facilities that emit the chemical. That includes a plant in Laredo, featured in the ProPublica and Tribune investigation, where employees of the Midwest Sterilization Corporation every year use millions of pounds of ethylene oxide to sterilize medical equipment manufactured just across the border in Mexico before shipping the equipment to hospitals across the U.S.

Four years ago, after the EPA incorporated its new ethylene oxide standard into a national assessment of cancer risk posed by toxic air pollution, the agency identified the Laredo plant as one of more than two dozen “high-priority” facilities whose emissions of the chemical appeared to be elevating cancer risk to levels the agency considers unacceptable.

The Laredo plant reported releasing thousands of pounds per year of ethylene oxide between 2014 and 2018, according to the most recent EPA data available. That is far more than any other facility of its kind in the country, according to an analysis by ProPublica and the Tribune.

In a statement to ProPublica and the Tribune, Midwest Sterilization Corporation said it “currently is in compliance with all federal and state regulatory standards” and has exceeded them “where possible.” These standards do not yet account for the cancer risk identified by the EPA, which would require the plant to reduce emissions.

“Since 2019, we have voluntarily reduced overall EtO emissions by approximately 90% after researching, purchasing, implementing, and testing the best available emissions control technology,” the statement said. The company declined to say whether that percentage is applicable to both its Laredo facility and another it owns in Jackson, Missouri. Midwest installed equipment to reduce ethylene oxide emissions at the Jackson location in 2019 after EPA conducted public meetings there to inform the community about ethylene oxide’s link to cancer and a wide array of other health impacts, including miscarriages.

The EPA has yet to hold such a meeting in Laredo. Many in the community did not even know the Midwest plant existed until ProPublica and the Tribune began asking residents whether they were aware it was emitting significant amounts of a cancer-causing chemical.

Since the publication of the ProPublica and Tribune investigation, Midwest has taken out full-page ads in the local newspaper that stress the importance of ethylene oxide to the health care industry and emphasize that a small portion of the chemical is used to sterilize medical devices. The EPA is set to propose an updated regulation this summer governing air pollution from commercial sterilizers like Midwest and aims to finalize it in the fall.

Laredo officials and activists applauded the EPA’s announcement this week but said conflicting messages from the federal regulatory agency and TCEQ so far have spurred confusion that has hamstrung meaningful action to protect Laredo residents.

Vanessa Perez, a member of the Laredo City Council whose district is home to the Midwest plant, worries that the regulatory process will take years, unnecessarily exposing Laredo residents to excess cancer risk. In the meantime, she and other officials have been trying to beat back claims from TCEQ leaders that EPA’s ethylene oxide assessment is incorrect.

“The work to clarify what’s going on has fallen on us, and we’re not supposed to be here to do EPA’s job,” said Perez.

The Clean Air Laredo Coalition, an organization formed by Perez and local environmental activist Tricia Cortez after they learned from ProPublica and the Tribune about the dangers posed by the Midwest plant, began scoping out a potential partnership to conduct a pilot blood testing program among 3,000 residents after a packed and emotional town hall meeting in December. The group has also been looking into applying for a community air monitoring grant from the EPA, but Perez said the application requires technical expertise that has been hard to access.

While the EPA works to update environmental regulations, Texas’ more lenient rule will remain in effect.

“We want the TCEQ to reverse its current industry-friendly approach to ethylene oxide and go in the opposite direction, which is to do even more than what the EPA is going to ask for,” Cortez said.

The TCEQ has repeatedly defended its standard, saying the federal government is exaggerating the cancer risk posed by ethylene oxide. Officials with the state agency this week said the TCEQ would respond to the decision “in the appropriate time as part of the normal agency processes, following sound science and the law.”

“We will have to wait and see, but TCEQ has been put on notice that there is oversight and that communities want state agencies to do what they need them to do,” said Robert Bullard, a sociologist at Texas Southern University who has spent decades documenting the disproportionate effects of pollution on communities of color across the country.

Laredo residents who live in areas where the estimated cancer risk exceeds federal safety thresholds said protecting communities should be the most critical factor in making such a determination. One such resident is Robin Hunter Casiano, whose daughter attends first grade at an elementary school less than two miles from the Midwest facility.

“It makes me sick every time I drop my daughter off at school in the morning just to think where they’re at in relation to that factory that can be harming their health,” she said.

As part of its announcement this week, the EPA said it would be partnering with Texas Environmental Justice Advocacy Services to improve communication on environmental risk and enforcement “in response to the call for improved accessibility to language and interpretation services.”

The agency also said it is “looking at a range of approaches besides regulations for achieving emissions reductions while regulations are in development, and ensuring communities are informed and engaged as we work to address EtO.” It didn’t offer specific details about what those approaches may entail.

State Sen. Judith Zaffirini, a Democrat who represents Laredo, said she understands that reversing course might be difficult for the TCEQ, but “they should consider new information and the community’s perspective.” Zaffirini said she has met with “exceedingly concerned” residents in Laredo and has a meeting scheduled with Midwest representatives to hear the company’s perspective.

“I am extremely concerned about the impact of this carcinogen in our air, and particularly so for our school children and most vulnerable community members,” she said in an email. “While I certainly recognize the importance of Midwest’s work to sterilize medical equipment and will listen to its representatives, I cannot imagine that they would disagree with our need to prioritize ensuring the health and safety of those who live and work near the facility.”

Ava Kofman contributed reporting.

Clarification, Feb. 1, 2022: This story was updated to clarify a response from the Texas Commission on Environmental Quality about a U.S. Environmental Protection Agency decision.

Correction

Feb. 3, 2022: This story originally mischaracterized full-page ads taken out in a local newspaper by the Midwest Sterilization Corporation. They stress the importance of ethylene oxide to the health care industry and emphasize that a small portion of the chemical is used to sterilize medical equipment. They do not say that the EPA is wrong about the dangers of ethylene oxide.

by Kiah Collier, ProPublica and The Texas Tribune, and Maya Miller, ProPublica

Baker College Threatens Legal Action Against Former Teacher Who Talked to Reporters

2 years 10 months ago

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Baker College, one of the largest private schools in Michigan, is threatening legal action against a former faculty member who spoke to ProPublica and the Detroit Free Press for an investigation published this month.

Jacqueline Tessmer, who taught digital media for 14 years at Baker’s campus in Auburn Hills, told the news organizations that students often came to the nonprofit college unprepared to succeed and exited without degrees or good jobs but with heavy debt from loans. “Baker College has ruined a lot of people’s lives,” she said in the story.

A Jan. 19 letter to Tessmer — sent by the law firm Plunkett Cooney on behalf of Baker — demanded she retract her statements, which it described as “false and defamatory.” It did not specify what, if anything, was false. Arguing that Tessmer was in violation of a nondisparagement clause in a settlement she reached with Baker in an employment dispute, attorney Courtney L. Nichols also demanded that she “agree voluntarily to remit payment to Baker College for the damages it has suffered as a result of your violation(s), including attorney fees.” The letter did not include a dollar amount.

Since publication, Baker has not contacted either news organization to contest the validity of her statements. Before publication, the Free Press and ProPublica informed Baker that Tessmer would be quoted and shared her comments. Baker did not specifically address those quotes or Tessmer’s time at the college.

Baker’s letter to her after publication gave her seven days to respond. Tessmer said in an interview this week she stands by her comments and will not meet the college’s demands.

She said she didn’t see how it would be possible to make a retraction even if she wanted to, given that she expressed her opinion “based on what I did in service to the college” and her comments were only “a couple of sentences in a giant article.”

“I could be quiet, but is it really going to matter at this point?” she added.

The story on Baker examined the college’s low graduation rates, its aggressive marketing and the oversight of a Board of Trustees that has included former presidents of the school.

In addition to the letter to Tessmer, Baker responded to the article by emailing students, writing a letter to the editor in the Free Press, and placing a statement on its website that disparaged the story and touted the school’s achievements. Officials have defended the 111-year-old college as an affordable open enrollment school whose practices are reviewed by regulators and accreditors.

Neither Baker nor its lawyer has responded to a request for comment on the legal threat.

Tessmer’s relationship with Baker ended in a lawsuit she filed for breach of contract and retaliation. The school disputed her claims in a countersuit, and the case ended in a settlement in 2014. The letter from Baker’s lawyer also suggested that if Tessmer had spoken about the settlement, she would be in violation of it.

“This is what they do,” said Tessmer, now self-employed. “They scare. They huff and they puff, and it works a lot of the time. I mean, it’s worked on me.”

The letter to Tessmer said that if she did not comply, “Baker College will consider its available recourse.”

As of Thursday evening, Tessmer had not heard again from the law firm.

by Anna Clark, ProPublica, and David Jesse, Detroit Free Press

A Former Hacker’s Guide to Boosting Your Online Security

2 years 10 months ago

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Ngô Minh Hiếu was once a fearsome hacker who spent 7 1/2 years incarcerated in the U.S. for running an online store that sold the personal information of about 200 million Americans. Since leaving prison, Hiếu has become a so-called white hat hacker, attempting to protect the world from the sorts of cybercriminals he once was.

These days, Hiếu said, it doesn’t take much hacking to access sensitive details about Americans. Companies and governments routinely leave databases exposed online with little or no protection, as we’ve reported, giving cybercriminals an easy way to harvest names, emails, passwords and other info. While in prison, Hiếu wrote an online security guide for the average internet user. As he and others have pointed out, it’s impossible to create an impenetrable shield. But here are some of his tips for how you can mitigate your risks, along with some other practical online security advice.

1. Stop reusing passwords

Make 2022 the year you finally stop reusing passwords. Once a password is exposed in a data breach, as routinely occurs, cybercriminals may use it on other websites to see if it grants them access and lets them take over an account or service. To help you generate lengthy, difficult-to-guess passwords without having to commit them to memory, use an encrypted password manager such as 1Password or LastPass. These services, which typically charge $3 to $4 per month, also monitor databases of breached passwords, like Have I Been Pwned, which can identify some passwords that have already been made public.

2. Delete unused accounts

Another benefit of using a password manager is that every time you create a new account at a website, you can log it in your password app. The app will track when you created a password and when you last modified it. If you notice that you haven’t used a website in a few years, and you don’t think you’re likely to use it again, delete your account from that website. It will mean one less place where your data resides.

3. Add an additional layer of security

Use multifactor authentication — which requires a second, temporary code in addition to your password to log in to a site or service — whenever possible. Some services send a six-digit code via text message or email. But the most secure method is to use an app that generates a numerical code on your phone that’s in sync with an algorithm running on the site. To make the process easier, you can download an app like Authy that, like a password keeper, helps you generate and manage all your multifactor authentications in one spot.

4. Manage your apps’ privacy settings

A lot of the data about us that gets leaked consists of information we don’t even realize apps and services collect. To limit that risk, check the privacy settings for any new app that you install on your computer, smartphone or other device. Deselect any services you don’t want the app to have access to, such as your contacts, location, camera or microphone. Here are some guides on how to manage your apps’ privacy settings for iPhone and Android devices.

5. Think before you click

Clicking on a link from a text message, an email or a search result without first thinking about whether it’s secure can expose you to phishing attacks and malware. In general, never click on any links that you didn’t seek out and avoid unsolicited emails asking you to open attachments. When in doubt, hover your cursor over a hyperlink and scrutinize the URL. Avoid it if it would lead you to somewhere you don’t expect or if it contains spelling errors like a missing or extra letter in a company’s name. And for safer online browsing, consider paying for an antivirus tool like Malwarebytes that helps you avoid suspicious URLs online (or sign up for a free browser guard extension).

6. Keep your software up to date

Whether it’s your web browser or the operating system on your computer or smartphone, it’s always a good idea to download and install the latest software update as soon as it’s available. Doing so fixes bugs and helps keep your systems patched against the latest security threats. To make sure you don’t forget, turn on notifications for new updates or enable autoupdate settings if they’re available.

7. Limit what you’re sharing online

Some of the large collections of personally identifiable information that have been floating around online weren’t hacked or stolen: They were simply scraped from social media websites like LinkedIn or Facebook. If you don’t want a particular piece of info about you out there, don’t put it on your social media profile. Scrub anything you don’t want exposed in your profiles, and check the platforms’ privacy settings to see who can access whatever is left. You can also pay for a service like DeleteMe, which helps centralize and pursue requests to delete your personal information from various data brokers.

8. Secure your SIM

One technique that has become increasingly common in recent years is SIM swapping: A cybercriminal tries to dupe your mobile carrier into switching your number from a SIM (the memory card that tells your phone it’s yours) that you control to a SIM that they control. The goal is to commandeer your phone so they can get around multifactor authentication settings that protect your financial accounts. To guard against SIM swaps, contact your carrier to establish an account PIN, or follow these directions if you’re with Verizon, AT&T or T-Mobile. And if you switch carriers, change your PIN.

9. Freeze your credit reports

If you’re afraid that a scammer might use your identity to open a fraudulent credit line in your name, consider placing a freeze on your report. A freeze will restrict access to your credit report, meaning that no one (not even you) will be able to open a new credit line while it’s in place. If you decide to apply for a loan or a new credit card, you can always unfreeze your credit later on. Freezing and unfreezing your credit is free, but you have to contact each of the three major credit bureaus separately to do it. Here’s a guide on how to get started.

10. Back up your data

Don’t assume that you’ll always have access to all your files and folders. Backing up your data can help you guard against virus infections as well as hard drive failure and theft or loss of your computer. You could use well-known cloud storage providers such as Dropbox or Google Drive to save copies of your data or buy a subscription to an online cloud backup service that automatically saves your files and lets you restore them if anything happens. All such services offer encryption, but if you’re afraid of storing your data in the cloud, keep an encrypted copy on a separate hard drive.

by Cezary Podkul

EPA Takes Action to Combat Industrial Air Pollution

2 years 10 months ago

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The Environmental Protection Agency launched sweeping changes this week to address long-standing problems brought to light by ProPublica’s reporting on industrial air pollution. Shortly after the November publication of our investigation, administrator Michael S. Regan toured some of the largest toxic hot spots identified by our analysis and said the agency was consulting ProPublica’s work as it considered reforms. On Wednesday, Regan announced the EPA’s next steps, which include a significant expansion of air monitoring in some of the most polluted neighborhoods in the country and a new wave of unannounced inspections of polluters.

“We are going to keep these facilities on their toes so that they’re doing their due diligence all the time and not just when there’s a planned inspection,” he said. “Being on the ground, seeing the situation for myself, and talking directly with community members, it is startling that we got to this point.”

The lack of high-quality information about what’s poisoning America’s air was among the biggest problems identified by ProPublica. Without good data, residents have no way of knowing about the dangers of what they’re breathing in and regulators are unable to act. Experts say that the agency’s commitment to ramping up air monitoring is a necessary move toward reducing excess emissions. The EPA announced a new Pollution Accountability Team that will launch this spring; it will use a plane to track emissions from above while inspectors monitor the air from the ground. The team will also work to improve the agency’s capacity to measure contaminants like ethylene oxide, a highly potent chemical that can lead to lymphoma and breast cancer. The EPA plans to focus these efforts on areas in the South that ProPublica’s analysis identified as having some of the highest excess cancer risks in the nation, including Mossville, Louisiana, and a corridor of heavily industrialized land along the Mississippi River known as Cancer Alley. The agency also said it would invest more than $600,000 to buy and deploy air-monitoring equipment across the region.

“These are really important steps,” said Robert Bullard, a sociologist at Texas Southern University who has spent decades documenting the disproportionate effects of pollution on communities of color in the U.S. “We’ve had incremental change and we’ve had ups and downs. But the arc right now is bending toward justice.”

In early November, ProPublica’s unprecedented data analysis revealed more than 1,000 hot spots of toxic industrial air pollution that the agency has allowed to take root across the country. We found that facilities were elevating the cancer risk of more than a fifth of the nation’s population, including 256,000 people exposed to risks the EPA deems unacceptable. In predominantly Black census tracts, we found that the estimated cancer risk is more than double that of majority-white tracts. During his trip across the South later that month, Regan toured hot spots in the Houston ship channel, Cancer Alley and Mossville, which community leaders said had never been visited by an EPA administrator. Residents shared personal stories with Regan about how environmental officials had ignored their concerns for decades even as they lost family members to cancers that they believed were linked to chemicals in the air. “We’re announcing actions that EPA is taking in direct response to what I saw and what I heard on the ground,” Regan said this week. “These conditions are unacceptable in the United States of America, and we can only move forward successfully as a nation when we lift people up and out of harm’s way.”

Regan speaks to the press in front of a cemetery in St. James, Louisiana, during his November tour. (Kathleen Flynn, special to ProPublica)

Several of the EPA’s reforms address the concerns raised by residents in Cancer Alley and Mossville, historically Black communities that are disproportionately affected by pollution. The EPA issued a notice of violation to Nucor Steel Louisiana in St. James Parish for unauthorized emissions of hydrogen sulfide and sulfuric acid mist, two pollutants that can irritate the eyes and throat. (Nucor didn’t respond to requests for comment.) It also required a chemical plant owned by Denka, which emits the carcinogen chloroprene, to install monitors at the fenceline of its facility. Jim Harris, a spokesperson for Denka, said that the company looks “forward to a continued dialogue with Administrator Regan and the EPA” and added that it has been working with the St. John community “for some time and will continue to do so.”

ProPublica reported on the pollution from a massive plant owned and operated by the South African chemical giant Sasol, which emits ethylene oxide and contributes to 39% of the excess estimated cancer risk in Mossville, according to our analysis. In January, regional and local officials conducted an inspection of the Sasol plant, and this week, the EPA issued a letter to the company regarding potential Risk Management Plan violations found during the inspection. Sarah Hughes, a spokesperson for Sasol, said that the company is “reviewing the inquiry and will respond to the agency within the time period requested.”

While touring the perimeter of the Sasol plant with Regan in November, members of the Concerned Citizens of Mossville told the administrator about the need for higher quality air monitoring data, which they said the Louisiana Department of Environmental Quality had failed to gather. (The LDEQ has not responded to ProPublica’s request for comment on this matter.) The EPA has now provided funds for the LDEQ to purchase a continuous monitor to be placed across the road from Sasol’s Lake Charles Complex and has committed to reviewing the data independently. “This is a long-overdue action, and we’re really happy that it’s occurring,” said Kimberly Terrell, a staff scientist at the Tulane Environmental Law Clinic, who works with the residents of Mossville and who told Regan about some of the issues with the LDEQ’s monitoring system during his tour. More broadly, the EPA has said that it will conduct reviews of several aspects of Louisiana’s air monitoring network. “We have heard from our clients that they are excited at the prospect of action because so often it’s all talk and little action.”

The EPA also previously announced an unprecedented $20 million in grants for community air monitoring, which residents we featured in our stories are applying for. Jennifer Crosslin, co-president of a concerned citizens group in Pascagoula, Mississippi, said her organization plans to apply for a grant to monitor the air in one of the city’s neighborhoods. The subdivision sits next to several large polluters, including an oil refinery and a shipyard. Residents have complained about noxious odors and persistent health symptoms for a decade. ProPublica’s analysis of EPA data shows that the facilities release enough pollution to raise the estimated industrial cancer risk in parts of the subdivision to levels the EPA considers unacceptable. The Mississippi Department of Environmental Quality conducted some local air monitoring several years ago, but it decided against additional monitoring even though one of the samples showed cumulative cancer risks that exceeded EPA’s guidelines.

The EPA delegates the majority of its enforcement powers to state and local authorities, which means that the environmental protections afforded to Americans vary widely between states. A quarter of the 20 hot spots with the highest levels of excess risk are in Texas, and almost all of them are in Southern states known for having weaker environmental regulations. Advocates in Louisiana and Texas said that they welcomed the EPA’s willingness to take stronger actions in their backyards. “These environmental agencies in Southern states historically have had tremendous problems when it comes to enforcement of environmental protections,” Bullard said. “A lot of communities are looking to the federal government to do what our state agencies just won’t step up and do.”

Community leaders said they were heartened by the administrator’s commitment to scrutinizing some of the worst polluters in their neighborhoods. During the EPA’s tour of Cancer Alley, Robert Taylor, the founder of the Concerned Citizens of St. John, spoke candidly with Administrator Regan about the pollution that had displaced and sickened the parish over the decades. Taylor, who was born in Reserve, Louisiana, in 1940, said that after years of agitating for change, Regan’s actions seemed like “a miracle.”

“We have been so downtrodden and beaten down from our efforts of trying to protect ourselves,” Taylor said. “It has reinvigorated this community to see an official from the government actually protecting us.”

Robert Taylor speaks to Regan during the administrator’s tour of St. John the Baptist Parish in Cancer Alley. (Kathleen Flynn, special to ProPublica) Correction

Jan. 27, 2022: This story originally misstated how the EPA’s Pollution Accountability Team is planning to track emissions from above. The team will use an ASPECT plane, not a helicopter.

by Ava Kofman and Lisa Song

Despite Decades of Hacking Attacks, Companies Leave Vast Amounts of Sensitive Data Unprotected

2 years 10 months ago

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Consider some of the episodes last year in which large quantities of personal data were stolen: 300 million customer and device records for users of a service that’s supposed to shield internet traffic from prying eyes; a 17.6-million-row database from a second organization, containing profiles of people who participated in its market research surveys; 59 million email addresses and other personal data lifted from a third company. These sorts of numbers barely raise an eyebrow these days; none of the incidents generated major press coverage.

Cybertheft conjures images of high-tech missions, with sophisticated hackers penetrating multiple layers of security systems to steal corporate data. But these breaches were far from “Ocean’s Eleven”-style operations. They were the equivalent of grabbing jewels from the seat of an unlocked car parked in a high-crime neighborhood.

In each case, the companies left the data exposed online with little or no security. So says Pompompurin, a pseudonymous hacker who posted the millions of stolen records cited above on RaidForums, a discussion board popular with cybercriminals seeking personal data. Pompompurin told ProPublica that he often doesn’t need to do much hacking to get his hands on sensitive personal data. Many times, it’s left in cloud storage folders available to anyone with internet access. Pompompurin said he scans the web for such unguarded material and then leaks it on RaidForums “because I can and it’s fun.”

The exposed data extends far beyond what can be found on RaidForums, ranging from the prosaic and useless to the ultravaluable. In recent years, it has included everything from names, emails and chat transcripts of users of a sex cam website to America’s secret terrorist watch list to a virtual hard drive from the federal government with sections classified as “top secret.”

Such incidents helped make 2021 a record year for data breaches, according to the Identity Theft Resource Center. Data exposure events, in which sensitive data is left sitting online, were responsible for cybersecurity incidents involving an estimated 164 million of the 294 million people victimized in 2021, according to the center.

For years, companies have been vowing to harden their electronic defenses as cybersecurity firms repeatedly warned them about the pitfalls of this form of laxity. But to little avail. “It keeps happening because people commonly forget or they just think it’s private when it isn’t,” Pompompurin told ProPublica.

There’s another reason, one that companies don’t like to talk about: It’s often cheaper to clean up a breach than it is to avoid one in the first place. Corporate losses from a data breach typically run around $200,000, according to a recent study of 56,000 cybersecurity incidents published by the Cyentia Institute, a cybersecurity research firm.

The low costs don’t justify investing more in data security, according to Sasha Romanosky, a researcher at the RAND Corporation who has studied the issue. “The companies don’t bear the cost of these actions,” Romanosky said. “It is borne by the consumers.”

The tab for taxpayers is mammoth. Identity theft enabled what may turn out to be the biggest fraud wave in U.S. history, siphoning off tens if not hundreds of billions of dollars of unemployment insurance payments, small business loans and grants. For unemployment insurance systems alone, estimates of the loss have ranged from around $90 billion to $250 billion or more. Whatever the ultimate figure, it will fall on the shoulders of taxpayers.

Meanwhile, vast quantities of data remain undefended. About 8 billion files are exposed across cloud storage folders on the internet, according to Grayhat Warfare, a service that monitors open cloud storage folders and lets users search their contents. And a total of at least 7.2 million databases are exposed online, according to an internet scan performed for ProPublica by Censys, a search engine that catalogs internet-connected devices and services, ranging from database servers to computers managing drive-thru restaurants to surveillance cameras.

The result is that gathering personal data on individuals is easier today than it was a decade ago, said Ngô Minh Hiếu, a reformed hacker who once ran an online store offering up personal data on about 200 million Americans. Stores like the one he once ran have proliferated online in recent years. “The information, it just sits there waiting for you to get it,” Hiếu said.

Hiếu is now a so-called white hat hacker, seeking to identify black hats, like Pompompurin, and help companies guard against vulnerabilities they may exploit. But when it comes to exposed data in the U.S., the black hats are winning.

Americans rarely get a glimpse of hackers, much less what their work entails. They might be surprised to learn how little experience is needed. People often think hackers are highly sophisticated, Troy Hunt, creator of data breach tracking website Have I Been Pwned, told ProPublica. But in reality, there’s so much unsecured data online that most of the 11.7 billion email addresses and usernames in Hunt’s collection come from young adults who watch a few instructional videos and figure out how to grab them for malicious purposes. “It’s coming from kids with internet access and the ability to run a Google search and watch YouTube videos,” Hunt said in a 2019 talk about how hackers gain access to data.

Hiếu was once one of those teenagers. He grew up in a Vietnamese fishing town where his parents ran an electronics store. His dad got him a computer at age 12 and, like many adolescents, Hiếu was hooked.

His online pursuits quickly took a wrong turn. First, he started stealing dial-up account logins so he could surf the web for free. Then he learned how to deface websites and abscond with data left exposed on them. In high school, he joined forces with a friend who helped him pilfer credit card data from online stores and make up to $500 a day reselling it.

Eventually fellow hackers told him the real money was in aggregating and reselling Americans’ identities. Unlike credit cards, which banks can cancel instantly, stolen identities can be reused for various fraudulent purposes.

Beginning around 2010, Hiếu went looking for ways to get detailed profiles of Americans. It didn’t take long to find a source: MicroBilt, a Georgia-based consumer credit reporting firm, had a vulnerability on its website that allowed Hiếu to identify and take over user accounts. Hiếu said he used the credentials to start querying MicroBuilt’s database. He sold access to the search results on his online data store, called Superget.info.

MicroBilt spotted the vulnerability and kicked Hiếu out, setting off a monthslong standoff during which, Hiếu said, he exploited several vulnerabilities in the company’s systems to keep his store going. MicroBilt did not respond to requests seeking comment.

Tired of the back and forth, Hiếu went looking for another source. He found his way into a company called Court Ventures, which resold aggregated personally identifiable information on Americans. Hiếu used forged documents to pretend he was a private investigator from Singapore with a legitimate use for the data. He called himself Jason Low and provided a fake Yahoo email address. Soon, he was in.

Ngô Minh Hiếu in Ho Chi Minh City (Yen Duong, special to ProPublica)

Hiếu’s fake account turned Superget.info into a go-to destination for cybercriminals, what U.S. prosecutors later described as the Amazon of stolen identities. In essence, Hiếu was a wholesaler, dealing search results for particular details like driver’s licenses or Social Security Numbers or packages of identity information. He offered individual and bulk search plans and allowed cybercriminals to resell the data in their countries via reseller arrangements. One of his biggest resellers was a Russian going by the alias “Devil.” Other customers were located in the U.S., Ukraine, Brazil, Romania, Vietnam, Ghana and Nigeria, according to Matt O’Neill, a senior special agent at the U.S. Secret Service, which began investigating Hiếu in 2011. By distributing the data so widely, Hiếu “caused more material financial harm to more Americans than any cyber fraudster,” O’Neill said.

By the time he was 22, Hiếu estimated, he was earning $100,000 to $150,000 a month in a country where the average person earns less than $200 per month. He splurged on luxury cars, like a customized Hyundai, a BMW and a Lexus, and got himself a $10,000 cellphone. He treated his family to vacations at high-end resorts and helped his parents repay some debts. When they asked how he was making his money, recalled his sister Ngô Nora, he’d say he was creating websites.

Hiếu’s empire began to unravel when the Secret Service alerted Court Ventures’ parent company, Experian, to his activities, and the firm cut off his data access. (Experian has said it didn’t know about Hiếu’s fake account with Court Ventures when it bought the company in 2012. A spokesperson said the company is “deeply committed to helping consumers protect their data from today’s increasingly sophisticated cyber criminals.”)

Addicted to his opulent lifestyle, Hiếu went looking for another data source. O’Neill, the Secret Service agent, saw an opening: He convinced a cooperating defendant in another case to message Hiếu and offer him the promise of an even better data source than Experian — but only if he’d meet with another contact in the U.S. territory of Guam to strike a deal.

Hiếu resisted the entreaties at first, O’Neill recalled in an interview. But in February 2013 Hiếu gave in and hopped on a flight to Guam. Soon after he landed, finally putting him within reach of U.S. law, the Secret Service arrested him.

Facing up to 45 years behind bars, Hiếu agreed to cooperate and pleaded guilty to multiple counts of fraud. He let O’Neill use his email and online persona to talk to his customers. O’Neill said he spent two years asking them why they were seeking to buy people’s personal information. Most said they wanted the data so they could file fake tax returns in other people’s names and obtain the refunds. The Internal Revenue Service estimated that nearly 14,000 victims had fraudulent tax returns filed in their names claiming a total of $65 million in refunds using data from Hiếu’s store. Evidence gathered by O’Neill helped in the prosecution of about two dozen of the perpetrators.

Hiếu said he had never wondered why his customers wanted data. “It’s just numbers, information,” he told himself when he ran his website. It was only after he was sentenced to 13 years in prison in July 2015, he said, that he realized the harm he had caused.

Hiếu was shuffled among local and federal prisons in New Hampshire, Ohio, Louisiana, New Jersey, New York, Mississippi and Texas as he cooperated with authorities in various cases against his former clients. The low-security prisons gave him an opportunity to keep in touch with the outside world and to rehabilitate himself, which he’d vowed to do.

Hiếu completed anger management and life skills classes, according to court records, and attended group counseling sessions during his stay at a county jail in Dover, New Hampshire. He started reading the Bible. His counselor at the Dover jail, Minnett Induisi, said Hiếu took responsibility for his actions. “In all my years of working at the jail, I have never seen someone so committed to making himself a better person,” said Induisi, who has taught at the jail for 41 years.

In 2016, Hiếu wrote a long email to the assistant U.S. attorney who had prosecuted his case. It detailed his acts, including the MicroBilt and Experian hacks, along with his theft of 100,000 credit card details from a U.K. retailer and personal data from U.S. and Canadian payday lenders. He wrote that he found his targets by running a service that scanned the internet 24 hours a day to find vulnerabilities in websites that he could use to steal data.

Hiếu said he wrote the email because he no longer had anything to hide. He dreamed of returning online not as a cybercriminal but as a researcher who would help catch cybercriminals. To maintain his skills and keep up with cybersecurity news, he used tablets in prison libraries, read books and wrote a digital security guide for the average person. He called it “Online Security Tips From a Former Hacker” and vowed to publish it when he left prison.

The need for white hats, Hiếu could see, was exploding. Hacking itself was as old as computer networks, but the rise of cloud computing had multiplied the opportunities exponentially. Governments and businesses around the world had embraced the cloud, migrating ever more data and software from their own computers to remote servers accessed via the internet. The move revolutionized e-commerce, making it easier and faster to store data, share files, stream videos, develop apps, collaborate and create new software and technology of all sorts. The trend, well under way in the first decade of the century, only accelerated in the 2010s.

The speed of the migration had a downside. In their rush to embrace cloud computing, businesses and governments often forgot to secure the data they were moving into the cloud. Often, the failure to change a single setting on a database server or a storage folder on a cloud service meant the difference between keeping it private or exposing it to the world.

Anyone looking to find unprotected data could fire up a specialized search engine and start sifting through the internet like a prospector searching for gold. In mid-2015, Chris Vickery, an IT help desk technician at a Texas law firm, started using one such search engine called Shodan to identify devices and services connected to the internet. Within months, he discovered a trove of customer data belonging to MacKeeper, a popular antivirus tool for Mac users. “I have downloaded over 13 million accounts’ details from a publicly accessible and completely exposed database,” he wrote in a Dec. 14, 2015 email alerting MacKeeper to the vulnerability.

Volodymyr Diachenko was on the receiving end of that alert, which prompted a swift response from MacKeeper. At the time, he was a PR manager for the company, based in Ukraine. Vickery’s discovery prompted Diachenko to team up with Vickery and start hunting for similar vulnerabilities. “It was so alarming and disturbing that I wanted to learn more about how it happened and to start alarming other companies about how much they have exposed,” Diachenko said in an interview. Diachenko and Vickery found massive quantities of untended data, including passport data and Social Security Numbers, scattered across the web.

Black hats took notice, too. In 2015, an individual calling himself Omnipotent launched RaidForums, an online message board where hackers could advertise leaked databases and store them for easy retrieval. The website became the destination of choice for black hats looking to share data or auction off their finds to the highest bidder, aggregating billions of leaked records across thousands of data dumps.

A person who responded to messages directed to Omnipotent told ProPublica that he founded RaidForums because he believes in freedom of information: “And what I mean specifically is that if a hacker is in the dark web selling a database with your information you should yourself be aware of it and able to access that data for free through my services or similar.” Omnipotent acknowledged that individuals with malicious motives may access the data as well, “but that’s no reason to just stop making data free.”

Similar sites increasingly abound. WeLeakInfo offered personal information obtained in over 10,000 data breaches containing some 12 billion searchable records until it was shut down by authorities in 2020. Analysts for cyber threat intelligence firm Flashpoint have noticed about 100 websites offering up stolen identities over the past year. ProPublica spotted similar services operating on the messaging app Telegram, which abruptly shut some of them after our inquiry.

The proliferation of such sites is crucial to the techniques used by cybercriminals. They often combine pieces of stolen information from various sites to build profiles of targets for exploitation. It’s why hackers often build huge collections of leaked databases and “trade them like Pokemon cards,” said Allison Nixon, chief research officer at cybersecurity investigation firm Unit 221B.

What has become an ongoing war between white hats and black hats necessitates vigilance and swift action. When Diachenko intentionally left a database exposed in 2020 to see how long it would take for it to get noticed and accessed, the first intrusion came just 8 hours and 35 minutes after it went live, followed by 174 more over 12 days. The experiment ended when an attacker deleted the database contents and left a ransom note demanding a Bitcoin payment to avoid having the data posted online.

Often it’s not clear if companies take any action in response to warnings from white hats. On Oct. 8, Diachenko discovered the collection of 300 million customer and device records for users of several virtual private networks, which help internet users shield their web traffic. He alerted the company that owned the services, ActMobile Networks, but did not get any response for nearly three weeks. (ActMobile didn’t reply to ProPublica’s inquiries.) Eventually, ActMobile denied having any databases and threatened to “take action” against Diachenko if he wrote about his discovery. By then, black hats had noticed the data as well. On Nov. 1, the records made their debut on RaidForums.

That data was posted by Pompompurin, who joined RaidForums in October 2020 and quickly became one of its most active members. Pompompurin, whose alias was borrowed from a Japanese cartoon dog, told ProPublica that he has leaked around 20 databases online and has more than 100 “on my pc just chilling.”

Collecting and sharing data isn’t just a pastime for him. It’s also a commercial enterprise at times. After another hacker obtained customer data from the stock-trading app Robinhood in November, Pompompurin helped sell the material, posting an ad on RaidForums seeking bids for the spoils. “No lowball offers,” the advertisement read. “This is highly profitable if in the right hands.” He confirmed that he sold it, but wouldn’t say for how much.

The ease with which companies’ data can be harvested led Pompompurin to write a blog post praising ransomware. The post argues that the high cost of ransom might finally prompt companies to take data security seriously.

Pompompurin appears to be a sort of nondenominational hacker, targeting not only lax companies, but even other cybercriminals. For example, he figured out a way to get a copy of the credit card details for customers of WeLeakInfo. He dumped those online too.

Pompompurin is happy to discuss his activities and his philosophy, but not his identity. (Pompompurin was willing to confirm that his preferred personal pronoun is “he.”) Still, some clues about his potential identity may be starting to appear as he spars online — black hat vs. white hat — with a cybercrime investigator named Vinny Troia, who has been researching his activities and recently purported to unmask him.

In November, Troia published a blog post tracing the Pompompurin alias to a cybersecurity professional in Calgary, Alberta, named Chris Meunier. Meunier started hacking around the age of 14, according to Troia, cycling through various online aliases as he collaborated with a childhood friend on data heists conducted by a fearsome hacking group known as the Dark Overlord. (A website for a Calgary-based company called WhitePacket lists its proprietor as Meunier. He did not respond to emails seeking comment and could not be reached by phone.)

Pompompurin denied that he’s Meunier in a message exchange with ProPublica and in a Nov. 16 blog post on his website. Pompompurin describes himself on his site as a “threat actor, website administrator and proud Canadian.” He has retaliated against Troia, including by commandeering an FBI email alert system and using it to send out fake emails about him. Pompompurin told ProPublica he did that “because it was fun.”

Pompompurin’s public jousts with Troia reveal the hacker’s thinking. In April, when Pompompurin published a post on RaidForums unveiling the trove of 59 million email addresses and other information on tens of millions of Americans, he also posted a screenshot of a chat with Troia about whether to make the data available. Troia urged him not to do so.

“What would you gain by leaking it,” Troia asked.

“Nothing,” Pompompurin responded.

“Then why do itb,” Troia asked.

“Because I wanna,” he answered.

“Just to expose more peoples info,” Troia responded.

“Yes,” Pompompurin said.

Photos of Hiếu before and during his time in prison. He was 23 when he was arrested. (Yen Duong, special to ProPublica)

White hats gained a new recruit when Hiếu returned to Vietnam in August 2020 after seven and a half years in prison, about six years earlier than expected thanks to his cooperation and good behavior.

Hiếu was shocked when he realized how much he’d missed while in prison. His sister Nora had gotten married and had a child. His ex-girlfriend, who broke up with him while he was in prison, was in a new relationship and about to marry someone else.

Once Hiếu adjusted to his new life in Ho Chi Minh City, he published his online security guide and went looking for a job. The Vietnamese government hired him as a researcher at its National Cyber Security Center, where his job involves monitoring RaidForums and similar platforms for black hats who seek to exploit Vietnamese targets. “I love it because I chase those people who I was before,” he said. Hiếu hasn’t crossed paths with Pompompurin, but said he saw a bit of his younger self in the hacker: “I just feel like I was that kind of guy back in the day.”

When Hiếu comes across hackers whose activities may be of interest to U.S. law enforcement, he sends tips to O’Neill, the Secret Service agent who helped put him in prison. O’Neill confirmed that Hiếu has provided the agency “credible and actionable” intel.

One thing immediately became clear to Hiếu after he started his current job: “It’s a lot easier and a lot faster to do cybercrime nowadays,” he said. When Hiếu was running his stolen-data store a decade ago, he often dealt with his customers via email, which exposed him to wire fraud charges tied to the U.S.-based email service he used. Nowadays, cybercriminals can just set up their own channels on Dubai-based Telegram and instantly advertise their services or stolen data to customers all around the world. When they find buyers, they can strike deals via encrypted chat messages, which are difficult for law enforcement to access, especially for those sent via services based outside of the U.S.

“We can’t get the chats,” said Jason Kane, special agent in charge of the Secret Service’s Criminal Investigative Division. “It’s not like the old days of a wiretap where you tap someone’s phone under a legal process and you were able to hear the bad actors talk about the bad activity.”

A December advertisement for a chatbot offering to sell personal data, posted by @TomsShop in a Telegram channel called FullzShopDL. Telegram deleted the channel and its chatbots after ProPublica inquired about them. (Screenshot from Telegram)

Hiếu showed ProPublica some of the services that thrive in this ecosystem. They include fully automated Telegram chatbots that spit out Americans’ identities on demand. One of these, known as the Hornet Lookup Bot, offered instant access to Social Security numbers for $10 each and driver’s licenses for $40. A Russian chatbot offered a similar service for the U.S., the United Kingdom and Canada. Yet another chatbot purported to be able to open bank accounts in any state using a stolen identity, according to touts from a Telegram user named @TomsShop in a channel called FullzShopDL. Most of the payments in such venues now occur in Bitcoin, which is hard to trace.

Telegram shut down the Hornet Lookup Bot, the Russian chatbot and @TomsShop’s sales channels after ProPublica asked about the services, but the company did not answer questions about why it allowed them to operate in the first place. (Rep. James Clyburn, D-S.C., recently posed similar questions in a letter to Telegram founder Pavel Durov that cited ProPublica’s July report about how cybercriminals were using the messaging platform to help each other file fake unemployment insurance claims. In September, Durov posted a message in his Telegram channel saying that “Telegram gives its users more freedom than any other app. If Telegram has to temporarily remove some content due to a law, it means that other platforms would have removed it long before us.” A spokesperson for Clyburn said Telegram has “refused to engage” with Clyburn’s committee.)

Not surprisingly, stores that sell stolen data quickly pop back up after they’re shut down. Cybercriminals often simply recycle their old usernames with a new digit or an extra letter at the end, and they’re back in business. The Hornet Lookup Bot is back in service on Telegram, now calling itself a “search” bot, and @TomsShop resurfaced under the handle @TomsShopz.

There’s no shortage of data leaks to help restock such services. When black hats steal data, posts quickly pop up on Telegram and RaidForums offering access to the information. After T-Mobile suffered a serious breach of its servers in July, an ad popped up on RaidForums offering 30 million Social Security and driver’s license numbers that were purportedly harvested from the heist. “Freshly dumped and NEVER sold before!” the August post enthused. (A spokesperson for T-Mobile, which has suffered at least five data breaches since 2018, said the company is creating a cyber transformation office that will create a “security-forward mindset.”)

Personal data posted in a Telegram channel with the message “Free one!” as an enticement to new customers (Screenshot from Telegram)

Once stolen data is no longer fresh, like many products, its price gets marked down, or it’s offered as a free enticement to attract new customers. One Telegram channel spit out random Americans’ Social Security numbers, addresses, driver’s licenses, dates of birth and names along with the message “free one!” mixed in between ads for full packages of identity information for $3 each. “It’s very easy to obtain data that belongs to U.S. people,” Hiếu said.

In November 2020, drivers in Texas got an unpleasant surprise when a software company called Vertafore, whose clients include auto insurers, revealed that it had left 28 million Texas driver’s license numbers sitting unsecured online. Three weeks later the company discovered that one of its products had been leaving reports containing names, addresses, birth dates and driver’s license numbers publicly accessible for about eight years, according to a notice filed in another state.

Fourteen months later, no federal or state agency has taken any public action in response, though the state of Texas has said it is investigating the breach. Vertafore did not reply to emails seeking comment. (At the time of the driver’s license leak the company said it “takes data privacy and security very seriously.”)

The U.S. doesn’t have comprehensive federal laws governing data security. So the burden has fallen to states. About half have enacted laws requiring companies to implement and maintain security procedures to prevent unauthorized access to personal information.

Companies occasionally face regulatory penalties for leaving data exposed online, but they don’t amount to much. In 194 instances cataloged by insurance data provider Advisen, most of them after 2008, companies have paid fines and penalties for leaving data unprotected, totaling about $71.6 million. That’s an average of about $369,000 per incident involving a fine or penalty.

All 50 states have enacted laws requiring notifications in case of data breaches. But consumers are often still left in the dark about whether they’ve been affected. Most states let the organizations that lost control of the data decide whether they need to issue a notification. When they do, a press release is often enough to satisfy state laws.

“It should be pretty clear by now that breach notification has failed to actually inspire effective data security protections across the board,” said Harley Geiger, head of public policy at Rapid7, a Boston-based cybersecurity firm. Geiger said a national baseline standard is needed to prompt businesses to implement appropriate data security protections.

The European Union has been operating under such a standard since May 2018. Known as the General Data Protection Regulation, the law requires companies to implement security measures to protect sensitive personal data and to promptly notify regulators and affected consumers when it gets compromised. Violations of the data protection rules can result in fines as high as 4% of a business’s annual worldwide sales. “You have to implement cybersecurity measures if you process personal data, and if you do not, you will have a legal problem,” said Stefan Hessel, a cybersecurity specialist in Germany at the Reuschlaw law firm.

Such measures may in fact make it harder for hackers to ply their trade, if Pompompurin’s postings are any indication. In August he was asked on RaidForums why large collections of personal data always seem to come from the U.S. He responded: “Because its the easiest to get, other countries have load of protection laws & shit, in the US your address is basically public information no matter how hard you try not to be put on lists like this.”

The Federal Trade Commission has been asking Congress to bolster its legal authority for more than a decade by enacting legislation that would set nationwide standards for data protection and breach notification. Sen. Maria Cantwell, D-Wash., and Sen. Roger Wicker, R-Miss., have each introduced bills that would require companies to implement and maintain reasonable data security practices to protect sensitive data and enable the FTC to more easily fine companies that suffer data breaches because of their own negligence. The two Senators are talking about combining their bills, according to a Senate committee staffer.

Pompompurin doesn’t seem concerned. In June, he organized 155 leaked databases into a neat index for RaidForums users. It included some of his greatest hits, and he invited others to submit their favorites. As he put it, “There’s a LOT of good dumps on here that should get more recognition.”

His effort was met with adoration. “Thanks for your hard work,” one RaidForums user responded, “we will get more data.”

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by Cezary Podkul

Toxic PCBs Festered at This Public School for Eight Years as Students and Teachers Grew Sicker

2 years 10 months ago

This article was produced for ProPublica’s Local Reporting Network in partnership with The Seattle Times. Sign up for Dispatches to get stories like this one as soon as they are published.

MONROE, Wash. — For Michelle Leahy, it started with headaches, inflamed rashes on her arms and legs, and blisters in her mouth.

Some students and staff at Sky Valley Education Center, an alternative public school in Monroe, also had strange symptoms: cognitive problems, skin cysts, girls as young as 6 suddenly hitting puberty.

Leahy, like others, eventually became too sick to return to campus. She developed uterine cancer as her other symptoms escalated.

“Who would ever think that the job that you love was making you sick?” Leahy, 62, said.

Michelle Leahy (Rajah Bose/Special to The Seattle Times)

She didn’t know it then, about seven years ago, but her classroom contained some of the highest levels of toxic chemicals found at Sky Valley. Inspections and environmental testing across campus found an amalgam of harmful environmental conditions, including very high levels of carbon dioxide, poor air ventilation and polychlorinated biphenyls, or PCBs, a banned, synthetic chemical that the Environmental Protection Agency has linked to some cancers and other illnesses.

School administrators, however, knew.

Health inspectors flagged problems on campus as early as 2014, a year before Leahy’s health began to fail. But even as parents complained, again and again, about suspected environmental hazards there, school officials offered reassurances that cleanup efforts at Sky Valley were successful.

Records obtained by The Seattle Times in a public disclosure request show that Monroe School District officials responded slowly, at times asserting, even in official reports to the EPA, they had cleared the campus of toxic material, though in fact it still lingered in buildings.

To this day, federal officials still are pressing Monroe schools to clear the campus of PCB-laden material and address other environmental hazards. And to this day, Sky Valley remains open.

Ultimately more than 200 teachers, parents and students would claim that exposure at Sky Valley made them severely sick with illnesses that have been linked to PCB exposure. The saga at Sky Valley unfolded in a remarkable lawsuit against the manufacturers of PCBs, producing some of the largest-ever jury awards for individuals exposed to the chemical.

The litigation revealed a startling gap in Washington state law — readily acknowledged by government officials in court documents — that allows environmental hazards to fester in schools and may have implications for older schools across the state.

State law requires health districts to inspect schools for environmental hazards and propose actions — but they are not required to enforce their findings. Although school districts are broadly required to maintain a healthy environment, they don’t have to act on all health recommendations.

And if inspections find certain toxic chemicals, including PCBs, state law doesn’t require administrators to notify parents, students or staff of the results.

As a result of those gaps, the Monroe School District and the health agency for the county, the Snohomish Health District, haven’t faced any penalties from regulators relating to Sky Valley.

It’s unclear if Sky Valley is an outlier or a bellwether among the roughly 9,000 school buildings in Washington because the state has not done a comprehensive survey of the environmental health of schools.

But seven years ago, state environment officials said they were “especially concerned” about schools’ potential to expose people to PCBs, which were banned by the EPA in 1979 but still remain in some structures built before then.

State Rep. Gerry Pollet, D-Seattle, said Washington’s state law is exceptionally weak when it comes to environmental health in schools, which he learned last year when he helped pass a law requiring testing for lead in school drinking water.

School districts have resisted mandatory testing and cleanup laws because they do not want to be held financially responsible for expensive remediation when it is demanded, Pollet said.

“If you have a contaminated gas station, we clean it up for the health of the community,” he said. “But if you have the same contamination inside the school building, we act like it’s exempt from our standards of toxic exposure and cleanup. And that is a really sad and serious failing of state policy.”

The Monroe School District did not respond to questions about conditions at Sky Valley and declined to make officials available for interviews, including its superintendent. School board members did not respond to requests for comment. Instead, the district directed The Seattle Times to a lawyer and a 456-page consultant’s report that defends the district’s handling of Sky Valley.

The report defends the district’s communication with parents and teachers about the unfolding problem and says officials addressed PCBs appropriately. It notes that, although Washington mandates that schools maintain safe conditions, “none of these requirements are specific to PCBs in building materials.”

Leahy eventually transferred out of Sky Valley to another school, as did several other teachers, before retiring to Spokane, where she now lives.

Leahy looks back at an old yearbook from Sky Valley Education Center. After falling ill, she eventually left the school, as did several other teachers. (Rajah Bose/Special to The Seattle Times)

One memory is particularly haunting for her: setting up an inflatable planetarium once a week to teach immersive astronomy lessons to some of the brightest STEM students, about 20 at a time.

But with little air circulation inside the chamber, Leahy now believes her immersive lessons unwittingly intensified children’s exposure to harmful chemicals in the air and carpet. Many of her students became ill around this time.

“I had no idea,” she said, dissolving into tears. “I was poisoning my students.”

“And It Is Safe”

Monroe, a small city nestled near the Cascade foothills northeast of Seattle, is home to one of the largest public parental co-op programs in the state: Sky Valley Education Center. Launched in 1998, it offers K-12 students individual learning plans that include hands-on environmental science courses and self-directed Montessori instruction.

The popular, 700-student program once occupied a vacant warehouse. In 2011, it moved to an aging campus when the district consolidated middle schools, giving the program bigger classrooms, a gymnasium and outdoor space.

The toxicants that would creep into classrooms and hallways predated Sky Valley’s move. The lights and caulking were infused with PCBs, an effective preservative popular in school construction before research revealed its toxicity in the 1970s.

Within three years of moving, decades-old fluorescent lights at Sky Valley started to fail, district records show. The fixtures smoked, caught fire and dripped sticky yellow oil.

Sky Valley Education Center had been holding classes in a former warehouse, where these yearbook photos were shot, before moving to the building that exposed students, teachers and parents to toxic chemicals. (Rajah Bose/Special to The Seattle Times)

Teachers began raising concerns. One teacher pieced together staff and student symptoms and raised suspicions about PCBs. In April 2014, Sky Valley Principal Karen Rosencrans emailed staff the first of many reassurances that the district had the problem under control.

“Our building is quirky and old and sometimes a challenge. But it is ours. And it is safe,” Rosencrans wrote, assuring parents that the district would remove and replace faulty lights. Rosencrans directed questions to the school district, which declined to comment on the contamination.

Two weeks later, a school district consultant carried out the first of at least half a dozen inspections conducted over the next seven years. It found elevated concentrations of PCBs in a science prep area near classrooms.

While the EPA does not set standards for indoor PCB concentrations, it offers “recommended” thresholds in schools that increase by age, aimed at reducing potential for harm. “They should not be interpreted nor applied as ‘bright line’ or ‘not-to-exceed’ criteria, but may be used to guide thoughtful evaluation of indoor air quality in schools,” the agency says of its recommended limits. In Sky Valley, the PCB levels exceeded the threshold for infants and toddlers.

The Centers for Disease Control and Prevention has linked PCB exposure to impaired memory and learning ability, skin conditions, liver problems and other illnesses. Animal studies connect the chemical to thyroid and hormone problems, neurological damage and some cancers, depending on the number, length and dose of the exposures.

It’s difficult to tell exactly what levels of PCB exposures pose immediate harms, but growing research on the toxicity of the chemical has shown stronger ties to illnesses, said Keri Hornbuckle, director of the University of Iowa’s Superfund Research Program, an academic leader in studying airborne PCBs. “It only gets worse year after year.”

Some states enforce limits on indoor PCB concentrations, including Vermont and Massachusetts. Washington does not.

Later that year, the school district’s consultant, Seattle-based EHSI, returned to Sky Valley, this time looking for other hazards. It said complaints of headaches, sinus issues and sneezing among teachers and students were likely due to ventilation problems, which led to a buildup of pollutants. The inspection wasn’t focused on PCBs, but it found high carbon dioxide levels and some mold on campus, and the consultant recommended improving ventilation and removing carpets that can absorb toxic substances.

Over the course of a year, the school district removed 67 light fixtures suspected to contain PCBs, cleaned more than 100 other lights and removed some carpets from classrooms, district reports said. It later estimated it spent at least $1.6 million cleaning up Sky Valley, including money for testing, new lights and custodial services.

Rosencrans and Monroe schools’ operations director, John Mannix, sent a letter to teachers and parents in late 2015 assuring them that all areas were cleaned and treated according to EPA guidelines. Mannix, who now works at Mukilteo schools, did not respond to an interview request.

But that wasn’t the opinion of the Snohomish Health District, which raised red flags just two weeks later.

“Our concern is that PCB ballasts might have been missed when this issue was addressed last year,” wrote Snohomish health inspector Amanda Zych, according to records obtained by the Times. Among her observations: One classroom carpet suspected to have absorbed PCB oil was duct-taped down instead of taken out.

The district removed the duct-taped carpet and commissioned more air samples. This time the PCB concentrations were higher than in earlier tests, district records show.

Parents flooded the Snohomish Health District with dozens of complaints, records show. Kids reported headaches, breathing problems and thyroid and hormonal issues. Parents, students and teachers say they developed cysts and mouth sores; their skin cracked, peeled and changed pigment.

As the health crisis at Sky Valley was playing out, the EPA’s regional office found “several cities in Washington that we think would be a good place to look for PCBs in school lighting ballasts,” including Monroe, an official wrote in an email relating to a planned program to proactively examine schools for PCBs.

It’s likely the chemical is seeping into old campuses across the country without public knowledge, Hornbuckle said. “It’s not whether [PCBs] are there or whether they are toxic. We know they’re there and we know they’re harmful. The question is what do we do to address it.”

But without a requirement to test for PCBs in schools — and no requirement to disclose results if tests are performed — there’s no way to know how many campuses might have harmful PCBs in the air.

“The Smoking Gun”

By 2016, two years into the unfolding crisis at Sky Valley, administrators were giving regular updates to families reassuring them that the campus was safe.

Behind the scenes, emails show apparent dysfunction among school, health and environmental officials about how to tackle the problem. The Snohomish Health District looped in the state health and ecology departments, eventually triggering direct EPA involvement.

That February, an official from the state health department told other agencies that she didn’t think further air sampling at Sky Valley was necessary, records show. She suggested “a thorough wipe down of hard surfaces with warm soapy water and a thorough vacuum.”

A state toxicologist forwarded the email to an EPA official in charge of PCB remediation in the Pacific Northwest, writing, “Have you been looped into this? I’m not sure soapy water is the answer.”

It is not, according to EPA rules, which outline specific solvents needed to clean PCBs. The agency also recommends, but doesn’t require, removing all PCB-containing fixtures.

It’s unclear what it would cost to remove contaminated light fixtures from Washington’s public schools because the state doesn’t know the extent of the problem, a 2015 state Department of Ecology report says. In New York City, officials estimated a decade ago that it would cost about $708 million to clear PCB-laden lights from 772 schools built before 1979.

After the interagency email exchange, the EPA’s regional office stepped in to direct Sky Valley’s cleanup effort. “We’re anxious to understand the state of PCBs in the school,” Michelle Mullin, who oversees the EPA’s regional PCB program, wrote in late February 2016.

The EPA soon inspected the school, finding PCBs in several light fixtures, according to federal environmental records.

On April 21, 2016, the EPA talked with Monroe School District officials about its findings, recommending additional cleanup steps, records show.

Just hours later, as day faded into evening, nearly 100 parents filed into rows of folding chairs that lined the gymnasium at Frank Wagner Elementary School, a newer campus down the street from Sky Valley.

Speaking to the crowd, school officials emphasized that PCB levels weren’t high enough to exceed the EPA’s guidelines, according to The Monroe Monitor. Rosencrans, the Sky Valley principal, noted that some teachers had gotten so sick that they couldn’t return to campus, but others were in good health.

Deep cleaning was underway to address the campus’s environmental problems, school officials told the parents.

But parents — who confronted officials for the next three and a half hours — feared that regulatory standards weren’t enough to keep children safe.

“I just want to assert the fact that there might not be the science behind combining slightly elevated PCB levels, slightly elevated asbestos levels, slightly elevated radon levels, but when you combine all of those, we are the smoking gun,” said Shelby Keyser, whose children experienced some symptoms. “My kids are the smoking gun.”

She turned to other parents and asked them to raise a hand if their children, too, were a “smoking gun” example, The Monroe Monitor reported. The majority of the parents in the room raised their hands.

Still Not Cleaned

Six weeks after the tense town hall, the EPA found that PCB levels rose after cleanup, reaching the highest concentrations yet, according to an agency memo. These levels put anyone up to age 19 at risk, based on recommended thresholds.

Parents grew more desperate. Their complaints were not prompting aggressive action, so they turned to social media, forming a Healthy Sky Valley Advocacy Group on Facebook, with daily or weekly posts encouraging parents to report illnesses and sharing articles about PCB exposure.

A Change.org petition calling for the school district to relocate Sky Valley students was signed by 568 people and listed names of friends and family who had fallen ill at Sky Valley.

Some parents reluctantly pulled their children from the program. Teachers quit or sought reassignments or filed workers’ compensation claims, although the district would not say how many staffers left Sky Valley during this time frame.

“We really tried everything,” one mother told The Seattle Times. She withdrew her children from the school after they experienced severe health complications, including cognitive problems and early puberty. She requested anonymity for her children’s privacy. “We tried to get the school district to listen. We tried to get the health district to listen. We did all of this stuff and still nobody would listen.”

In fall 2017, the EPA delivered a clean bill of health to Sky Valley after district officials certified in writing that all PCB-containing light fixtures had been removed and that a litany of problems had been resolved, completing a multipoint plan the district had penned at the EPA’s request.

But that wasn’t the case.

Contrary to what Monroe School District reported to the EPA — and to parents — federal inspectors in October 2019 found PCBs in “multiple” light fixtures and in an air filter, discovered that classroom carpet that had been previously flagged hadn’t been fully removed, and raised concerns about PCB-laden caulk in the walls, EPA documents show.

They raised the same problems a year later.

“We are very concerned that PCB contaminated fixtures continue to be found, six years into the process of inspecting and taking inventory, cleaning and removing and disposing of light fixtures,” the EPA wrote in November 2020. “The EPA recommends [Sky Valley] address these concerns with more urgency than has yet been demonstrated.”

The EPA can penalize the district and school, the letter reads. That would be a rare step for the agency, and Bill Dunbar, a regional EPA spokesperson, would not comment on whether it plans to fine the district.

Last year, Monroe School officials again committed to addressing lingering problems, submitting a plan to the EPA. That plan still “did not fully meet our expectations,” so the EPA offered guidance, Dunbar said.

Removing PCB-laden light fixtures is a “no-brainer,” said Hornbuckle, the director of Iowa’s Superfund Research Program. While it wouldn’t completely clear the campus of PCBs, it would likely mitigate one of the highest exposure risks.

“Removing those PCB ballasts is something the state should be doing,” she said, adding that replacing outdated fixtures with energy-efficient lights has saved other schools money.

For some Sky Valley families, the consequences of the delayed action were devastating.

“This Stuff Is Everywhere”

In a King County courtroom last summer, Sky Valley teachers described their deteriorating health to a jury. Experts testified about the scientific links between PCBs and brain damage.

Convinced of the connection, a jury awarded three teachers, including Leahy, $185 million for exposure to PCBs at Sky Valley. Four months later, eight parents, teachers and students won a collective $62 million jury award against Monsanto, the chemical manufacturer of PCBs.

The litigation has resulted in one of the largest awards nationwide for individual PCB exposures. The Sky Valley verdicts include punitive damages, which are allowed under state law in Missouri, where Monsanto was headquartered.

In all, more than 200 parents and teachers have sued, claiming brain damage from exposure to PCBs. At least 17 other lawsuits are awaiting trial.

The complaints catalog many illnesses, but the lawsuits focus on linking cognitive problems to PCB exposure. It’s difficult to link illnesses to specific chemical exposures without more scientific research into their effects.

Bayer Pharmaceuticals, which in 2018 acquired chemical giant Monsanto, denied the allegations both in the lawsuit and in a statement. The company plans to appeal the jury verdicts.

Many parents, teachers and students with pending lawsuits declined to speak to The Seattle Times.

Leahy, now retired, said she doesn’t expect to collect her share of the $185 million jury award. “But it was never about the money. It was the only way to get the public to listen.”

The PCB exposure impaired Leahy’s memory and brain function. She couldn’t stand in a Sky Valley classroom without having headaches, dizziness and breathing problems, she said.

Others testified in court that their children developed depression and suicidal tendencies.

Leahy wears a bracelet that a fellow teacher gave her. The letters NA stand for “Not Alone,” a show of support for the legal battle Leahy was in over the chemical exposure at her former school. (Rajah Bose/Special to The Seattle Times)

Cheryl Tye Pritchett, a mother who joined her children on campus multiple times a week until late 2016, testified in court that she developed a persistent cough, stomachaches and eventually fogginess and memory issues.

“I’m afraid to find out how severely damaged I am,” Tye Pritchett told a jury. Her children also got sick, she said.

Leahy’s attorney, Rick Friedman, whose firm represents all the Sky Valley plaintiffs, said the lawsuits point to a larger problem, which may be unfolding in schools across the state and nation.

“It’s kind of like lead paint in schools from a decade ago,” Friedman said. “How long until we realize that this stuff is everywhere?”

Pollet, the state lawmaker, said after learning about the Sky Valley saga from The Times that he intends to raise PCB concerns with fellow lawmakers this legislative session.

But he expects school districts to argue, as with lead testing, that remediation of PCBs would be financially devastating.

In 2020, Washington became the first state to successfully sue Monsanto over PCBs, in a lawsuit focused on the chemical in waterways. The chemical giant settled for $95 million, nearly $60 million of which went to the state’s general fund, where the Legislature can direct it to remediation of waterways — or other exposure points, including schools.

“Not Enforceable by Law”

The Sky Valley litigation originally took aim at the Monroe School District and Snohomish Health District, accusing the agencies of negligence for the slowly unfolding crisis at Sky Valley.

But King County Superior Court Judge Theresa Doyle dismissed the health district from the lawsuit after the district argued that loosely written state laws do not require enforcement or action when health inspectors find hazards at schools.

Heather Thomas, a spokesperson for the Snohomish Health District, said in an email that “a general duty by a public agency to inspect schools is just that — a duty to the general public only, and it does not result in a specific duty to enforce in this instance.”

Monroe School District also pointed to an absence in state and federal law of any requirement to remove PCB-laden material. It argued in court documents that it complied with EPA guidelines, and PCB light removal can take “5-10 years.” State and federal environmental agencies recommend removing lights before they leak, but these “recommendations are not enforceable by law,” reads the district’s report defending its actions at Sky Valley.

The school district, in declining interview requests, cited a sealed settlement proposal with Sky Valley teachers, parents and students that has not yet been finalized.

The district told the Times in July — after the first jury award — that the school has been cleared of PCB material.

But an EPA spokesperson said the agency is waiting on Monroe School District to submit a cleanup plan before it can make a “formal decision,” which could include another inspection, giving the school an all-clear, or issuing fines.

Meanwhile, at the state level, environmental officials, who flagged PCBs in schools as a research priority as early as 2015, are just now building a database of potential PCB hot spots after being delayed by a legislative appropriation.

The department only started surveying school districts last summer, beginning in Eastern Washington. The results of the survey should help the state know whether Sky Valley is an outlier or a bellwether.

“How many kids are sitting in classrooms exposed to PCBs and they don’t even know it,” Leahy said. “How could they know? It doesn’t hit you immediately. It’s like a slow death. You just get sicker and sicker and sicker until it’s too late.”

Taylor Blatchford of The Seattle Times contributed reporting.

Correction

Jan. 23, 2022: This story originally misidentified the judge who dismissed the Snohomish Health District from a lawsuit. It was King County Superior Court Judge Theresa Doyle, not Douglass North.

by Lulu Ramadan, The Seattle Times

Report: U.S. Marines Returned Fire After Suicide Bombing, but No Enemies Were Shooting at Them

2 years 11 months ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

This article was co-published with Alive in Afghanistan, a news agency launched in the days after the fall of Kabul, aimed at bringing the perspective of the most marginalized Afghans to the world.

During the final days of the U.S. evacuation of Afghanistan in August, a suicide bomber killed 13 American service members guarding an entrance to Kabul’s airport and scores of Afghan civilians huddled outside its walls.

Initial reports said a vicious firefight followed the blast, as surviving Marines defended themselves from militants who unleashed a fusillade of gunfire. One Marine officer told CBS News that his subordinate shot an “opposing gunman” after taking a bullet to the shoulder.

“The attack on the Abbey Gate was followed by a number of ISIS gunmen who opened fire on civilians and military forces,” U.S. Central Command chief Gen. Kenneth F. McKenzie, Jr. told a Pentagon press conference the day of the bombing. “A number of Afghan civilians were also killed and injured in the attack.”

But a declassified military report reviewed by ProPublica and Alive in Afghanistan provides a starkly different account, raising fresh questions about one of the deadliest days for American troops in the 20-year history of the war in Afghanistan.

The report found that some U.S. Marines fired their weapons after the bombing — but no enemy shooters were present. Instead, the Americans were likely reacting to warning shots fired by the British military and other American units in nearby positions. The combination of combat trauma, head injuries, smoke and tear gas caused some of them to believe, incorrectly, that they were being fired upon by an attacker, the report said.

On the day of the bombing, military officials had specific intelligence of a possible attack at the airport. Despite the warning, the report found that multiple possible routes bypassed checkpoints manned by the Taliban, which would have allowed the bomber to approach the gate unimpeded. That attack, it said, was “not preventable” without undermining the evacuation mission. It’s not clear from the ProPublica review whether commanders knew about the existence of the unguarded approaches to the gate.

Left: The Kabul airport’s Abbey Gate, seen from a watchtower above the entrance. On Aug. 26, as hundreds of Afghans were being processed for evacuation, Marines stood guard along the left side of the canal and from inside the watchtower near the center of the frame. Right: Scorch marks on the ground and wall across from the watchtower mark the site of the suicide bomber's detonation. (Abdul Ahad Poya/Alive in Afghanistan)

Despite American and allied troops shooting from multiple directions, military investigators said they found no evidence that Afghan civilians, gathered by the hundreds in a narrow walled corridor leading to the airport’s Abbey Gate, were struck by the resulting gunfire.

“It was a single suicide bomber not accompanied by enemy small arms fire,” the report says. It found that available evidence does not support that “the Marines were engaged by enemy small arms fire or returned fire that harmed civilians or service members.”

But military investigators found that “several Marines returned fire” after the blast. What they were shooting at and who, if anyone, they hit, remains unclear. “There’s wide variation of thought on where the firing originated and who was actually doing the firing,” the report said.

The report is the result of an investigation typically ordered by U.S. commanders after any serious incident. It does not appear to have involved interviews with Afghan witnesses regarding the gunfire. The report says: “Open source research found no reporting to support a conclusion warning shots or engagement of targets in response to the attack caused additional harm to civilians.”

A spokesperson for U.S. Central Command did not immediately respond to a voice message requesting comment.

The report raises new concerns about U.S. military leaders’ decision to staff the entrance with mostly junior Marines who had never been in combat and were not trained for an evacuation mission that involved deciding which Afghans to allow into the airport. Many of the Afghans were interpreters, aid workers or soldiers who had served alongside the American military. They were terrified of reprisals from the Taliban.

The report’s findings run counter to the recollection of U.S. Marines, who reported that several gunmen opened fire on them, and the accounts of Afghan civilians, some of whom said they believed American or foreign troops fired into crowds in the confusion following the blast.

Hospitals in Afghanistan reported treating Afghans who had suffered bullet wounds. A spokesperson for Emergency Hospital, an Italian-run facility in Kabul for treating war victims, said that after the blast it received at least 50 Afghan patients, some of whom had been struck by gunfire.

The suicide bombing occurred in the final days of America’s war in Afghanistan. After the Taliban rapidly regained control of the war-torn country, Kabul’s airport was overrun by Afghan civilians seeking to flee. American leadership responded by sending thousands of Marines to bring order to the airport. They became de facto immigration officers, pulling American citizens, U.S. green card holders and other Afghans considered allies from a crowd of thousands.

Afghan evacuees waiting to leave the country near Abbey Gate on Aug. 25, the day before the attack. (Marcus Yam / Los Angeles Times/Getty)

By Aug. 26, the largest noncombatant evacuation in U.S. history had become largely consolidated to a single airport entrance overseen by troops from the 2nd Battalion, 1st Marines. Thousands of desperate Afghans were crammed into a narrow passageway leading to the gate, which was hemmed in by tall concrete walls and divided down the middle by a canal that had turned into an open sewer.

It was, essentially, a human cattle chute.

At approximately 5:36 p.m., just minutes before the Marines were scheduled to close the gate and prepare to withdraw, an Islamic State militant named Abdul Rahman Al-Logari detonated a suicide vest containing an estimated 25 pounds of explosives. He had escaped from a high-security prison earlier that month after the U.S. abandoned Bagram Air Base, the central aviation hub for U.S., NATO and Afghan government war fighting efforts.

The blast sent ball bearings hurtling through the crowd and across the canal, tearing through the bodies of Afghan men, women and children and U.S. Marines standing just outside Abbey Gate. The death toll: 13 American servicemembers and an estimated 160 or more Afghans. The report said 39 American troops were injured. More than 200 Afghans were wounded, according to media reports.

In the chaos that followed, the air buzzed with gunfire, and people fled in all directions, some of them stepping over bodies of the dead and wounded, witnesses said.

Gunfire came from multiple directions around Abbey Gate, according to the report. Toward the south, British troops posted around the nearby Baron Hotel fired warning shots from two separate locations. Marines with the 2/1 fired their own weapons. One or more troops — whose identity was redacted — fired several shots toward the Baron Hotel, which would have passed near the Marines who had been guarding the gate, the report says.

“Four rounds would have crossed the frontage of Marines who were entering the canal to recover casualties and take up security positions which would have contributed to their perception that they were taking fire,” investigators found.

Troops in the 2nd Battalion, 1st Marines reported firing on two individuals on the rooftop of a building to the east, one of whom had a camera and one of whom had a rifle. But battalion leadership told investigators those buildings were controlled by the Taliban and that it was unlikely Marines received fire from those positions. The report does acknowledge the possibility that “a rogue Taliban member” could have fired at Marines.

Investigators discounted many of the recollections of Marines from the 2/1, noting that they were young and had not experienced combat. Many of those interviewed were near the blast and suffered potential traumatic brain injuries or concussions, the report says.

“It is worth noting that the only Marines who reported receiving the fire following the explosion were junior Marines with no prior combat experience,” the report says. “Other leaders concluded there was no complex attack merely the belief there was one.”

Alex Mierjeski and Doris Burke of ProPublica contributed research. Samira Nuhzat, Abdul Ahad Poya, Mirzahussain Sadid of Alive in Afghanistan contributed reporting.

by Brian J. Conley and Mohammad J. Alizada, Alive in Afghanistan, and Joshua Kaplan and Joaquin Sapien, ProPublica

New Legal Filing Reveals Startling Details of Possible Fraud by Trump Organization

2 years 11 months ago

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A new legal filing by New York’s attorney general this week accused former President Donald Trump’s company of misleading lenders about the financial health of its landmark downtown Manhattan skyscraper, 40 Wall Street, while seeking to renew the building’s mortgage.

Though the Trump Organization called 40 Wall Street “one of the great success stories post 2008,” lender Capital One found the company’s estimates of the building’s worth so unbelievable that the bank declined to refinance the tower’s loan in 2015, the filing alleges.

“Capital One harbored great skepticism regarding the Trump Organization’s valuations,” says the filing, which was submitted by Attorney General Letitia James in response to Trump’s efforts to block her from questioning him and his children as part of an ongoing investigation by her office.

The new accusations offer startling details about possible financial fraud involving 40 Wall Street — one of the subjects of a 2019 ProPublica story that highlighted conflicting financial documents the Trump Organization had filed for the building.

ProPublica’s story documented how income, expense and occupancy numbers cited in the eventual refinance for 40 Wall Street and another Manhattan building sometimes didn’t match those the company had filed with city tax authorities. A lower valuation for the city would produce a lower tax bill, while a higher valuation for lenders would make it easier to get a new mortgage.

One expert said it appeared like the Trump Organization was keeping “two sets of books.”

“It feels like a set of books for the tax guy and a set for the lender,” said Kevin Riordan, a financing expert and real estate professor at Montclair State University, at the time.

In her filing, James asserts that Trump Organization employees, including Trump’s children, took part in a pattern of deception in which they misled lenders, insurers and the Internal Revenue Service by vastly overstating values for 40 Wall Street and a host of other Trump properties, including golf courses in Scotland, Los Angeles and Westchester and his buildings on Fifth and Park avenues.

The Trump Organization on Thursday lashed out at James, a Democrat, via a statement emailed by a spokesperson, saying, “The only one misleading the public is Letitia James.

“She defrauded New Yorkers by basing her entire candidacy on a promise to get Trump at all costs without having seen a shred of evidence and in violation of every conceivable ethical rule,” the organization’s statement said. It asserted that James “has no case” and that the “allegations are baseless and will be vigorously defended.”

Alan Futerfas, a lawyer for Trump’s children Donald Jr. and Ivanka Trump, also criticized James, accusing her of making “repeated threats to target the Trump family” and ignoring legal protections for “the very people she is investigating.”

James is seeking to compel testimony and obtain documents from Trump, Donald Jr. and Ivanka, who she said have not cooperated with her investigation.

The filing says that property valuations formed the heart of statements of financial condition that the Trump Organization used to demonstrate its net worth. The statements, which James said contained inaccuracies, were compiled by an outside accounting agency from a data spreadsheet and backup material provided by the Trump Organization.

Trump’s personal guarantees to some banks and insurers required him to certify that his financial statements were correct, according to James’ filing. The documents say her office has evidence Trump was “personally involved in reviewing and approving” the statements.

If the company or its employees are found to have deliberately provided misleading valuations, they could face civil or criminal penalties. The company is under investigation by both James and Manhattan District Attorney Alvin Bragg.

With its classic Gothic Revival style and signature green spire, 40 Wall Street gave Trump a presence in the most famous financial district in the world. His company doesn’t own it, but rather purchased in 1995 the right to act as the landlord for its office and retail space. Finding tenants for that space, however, particularly in the building’s narrow tower, proved a challenge, especially after 9/11, when occupancy sagged and the entire financial district struggled, the ProPublica investigation found.

James’ filing says that as early as 2009, Capital One, which held the mortgage on the property, “raised substantial concerns about cash flow” at 40 Wall Street, prompting in-person meetings with Trump, longtime Trump Organization Chief Financial Officer Allen Weisselberg and others. Donald Trump Jr. was also involved in the discussions, the filing says.

The conversations led to a loan modification in 2010, with bank personnel harboring doubts about the Trump Organization’s representations of the building’s financial standing. During those discussions, the Trump Organization provided the bank with profit numbers for 2010 of $12.3 million, which bank personnel described as “very optimistic.”

More startling were the differences between valuations that appeared on Trump’s statements of financial condition and those prepared by appraisers for Capital One. The Trump Organization set the value of the building at $601.8 million in 2010, while the appraisals for Capital One done by Cushman & Wakefield set it at just less than one-third of that, $200 million.

Weisselberg shared one of the company’s higher valuations for the building with the bank in early 2015, boasting of “considerable capital investment” and “a much improved cash flow.” He wanted Capital One to restructure its loan and waive a principal payment of $5 million due in November.

But Capital One declined to refinance the mortgage, referencing its own internal estimate that the building was only worth $257 million a few months before.

That year, 40 Wall Street’s $160 million mortgage was a thorn in Trump’s side, representing his then-largest single debt as he launched his campaign for the presidency.

After Capital One’s rejection, the Trump Organization turned to Ladder Capital Finance, where Weisselberg’s son Jack was a director. Ladder commissioned its own appraisal. Though Ladder used the same Cushman & Wakefield team that had estimated the building was worth $220 million in 2012, the team this time more than doubled the value to $540 million, legal filings said. Ladder approved the refinance.

James’ filing said that evidence her office obtained suggests the 2015 Cushman valuation “appears to have used demonstrably incorrect facts and aggressive assumptions” to arrive at the higher estimate, which the document said “did not reflect a good faith assessment of value.”

On Thursday, Cushman & Wakefield defended its practices, saying it took “great issue with mischaracterizations concerning the work performed and believe they are not supported by the evidence.

“The referenced Cushman & Wakefield appraisals were undertaken and completed in good faith based upon the material information made available,” the company said in a statement emailed by a spokesperson. “We stand behind the appraisers and the referenced appraisals which reflect fair valuations based upon the underlying facts and market dynamics.”

In 2015, the Trump Organization’s statement of financial condition listed the value of the building as $735.4 million.

Ladder Capital and Capital One did not immediately respond to requests for comment Thursday. Allen Weisselberg and Jack Weisselberg could not immediately be reached.

ProPublica’s 2019 story found several instances of the Trump Organization reporting much lower expenses to its lender, Ladder Capital, than to city tax authorities — including 40 Wall Street’s insurance costs and ground lease. Jack Weisselberg declined to comment at the time on Ladder’s loans or his relationship with the Trump Organization. Executives with Ladder also declined to be quoted for the story then.

In 2019, former Trump lawyer Michael Cohen testified before Congress that the Trump Organization inflated valuations at times to appear more profitable and deflated them to achieve a lower real estate tax bill.

Clarification, Jan. 21, 2022: This story was updated to clarify the timing of Capital One’s internal estimate of 40 Wall Street’s worth.

by Heather Vogell

Lawmakers Propose $600 Million to Fix Housing Program for Native Hawaiians

2 years 11 months ago

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This story was co-published with the Honolulu Star-Advertiser, a member of the ProPublica Local Reporting Network.

Legislative leaders in Hawaii are calling for the appropriation of $600 million to help house Native Hawaiians through a chronically underfunded homesteading program that has fallen short of its promise to return native people to their ancestral lands.

As the state government faces what is expected to be a budget surplus, House Speaker Scott Saiki on Wednesday proposed what he called historic legislation to provide the so-called Hawaiian Homes program with funding to address a huge demand for affordable housing among Native Hawaiians. The appropriation would be more than seven times the amount the legislature provided the Department of Hawaiian Home Lands, the state agency that administers the program, for construction last year.

Under the program, beneficiaries — defined as those who are at least 50% Hawaiian — can apply for a 99-year land lease and then, upon award, either build a home on the parcel or buy one from a developer. The price is roughly half the cost of comparable housing because beneficiaries are not paying for the land. But, as the Honolulu Star-Advertiser and ProPublica reported in 2020, tens of thousands of people face an ever-lengthening waitlist. Today, more than 28,700 applicants are seeking homesteads on land set aside by the federal government and now managed by the state. Some beneficiaries have waited on the list for decades. More than 2,000 have died while waiting, according to the news organizations’ first-of-its-kind analysis.

Over the past two years, the Star-Advertiser and ProPublica have found a number of structural shortcomings in the program, including that it had developed subdivision housing too expensive for many low-income beneficiaries. The news organizations also highlighted the failure of the state and federal governments to fulfill a 1995 settlement intended to compensate the program for land that was taken from the trust in the past. The program lacks the land it needs on Oahu, the island with the greatest demand for residential homesteads.

Saiki said in an email that the news organizations’ coverage “was absolutely a factor” in the House leadership’s decision to propose a one-time infusion of $600 million, citing the heightened awareness, caused by the reporting, of the state’s obligation to fulfill terms of the Hawaiian Homes Commission Act, the 1921 federal law that created the program. The state, via the Department of Hawaiian Home Lands, took over responsibility for the program as a condition of statehood.

In an opening-day address to the Legislature, which meets until early May, Saiki noted that Native Hawaiians have been the demographic group hardest hit by an affordable housing crisis. The proposed appropriation would enable trust beneficiaries to acquire their own homes, he said. “It is time to give the Department of Hawaiian Home Lands the resources it needs to fulfill its fiduciary duty,” Saiki said.

Though details of the proposed funding still have to be worked out and written into legislation, the amount already has backing in the state Senate.

Sen. Jarrett Keohokalole, co-chair of the Native Hawaiian Caucus in the Legislature, said the group has been meeting with the speaker to discuss the proposal. “We’re very interested in doing this this year,” Keohokalole said. He also noted that “surplus years don’t come around very often, and that’s the situation we’re in right now.”

If a measure passes the Legislature, it would go to Gov. David Ige for his consideration. Ige could not be reached for comment, but he previously told the Star-Advertiser and ProPublica that fulfilling the state’s obligations to the Hawaiian Homes program is a priority for his administration. Because of the state’s improved financial picture, the governor has proposed putting $1 billion into a rainy day fund. His idea has received pushback from legislators, who want to use the surplus now to address such problems as Hawaii’s homeless crisis, which is, in part, tied to the Hawaiian Homes program. In a 2020 survey of roughly 1,200 unsheltered homeless people on Oahu, 1 in 5 was eligible for the homesteading program and 7% were on the waitlist.

The improved financial picture, boosted by rebounding visitor arrivals and strong consumer spending, is a far cry from what it looked like a year ago, when legislators opened their session wondering whether the state’s unemployment insurance fund would become insolvent and hundreds of teachers would lose their jobs.

Despite that fiscal environment, lawmakers appropriated about $78 million — a record amount — in construction funding for DHHL to develop more than 700 homestead lots statewide to address the waitlist problem. Legislators cited the news organizations’ coverage in approving the funding last year.

The amount under consideration now would dwarf last year’s appropriation. “That’s going to be orders of magnitude larger than the largest infusion of funds we’ve ever given DHHL in a single year,” Keohokalole said. Historic funding shortfalls have contributed to the slow pace of homestead development. To maintain operations, officials diverted money from construction to administrative costs, resulting in fewer residential awards. In 2018, only six such leases were awarded, though the pace has picked up since then.

William J. Aila Jr., DHHL director and chair of the Hawaiian Homes Commission that oversees the agency, applauded the legislative proposal. “An investment of $600 million ... would be a historic infusion of resources to address the needs of potentially thousands of beneficiaries on the Department of Hawaiian Home Lands waiting list,” he said in a statement. “DHHL continues to be open to all measures that would return Native Hawaiians to the land.”

Beneficiaries also celebrated the proposal.

“I think what the Legislature is doing is long overdue,” said Richard Soo, an Oahu beneficiary who was awarded a residential homestead in 2001.

“This is a huge opportunity for beneficiaries as well as the department to be able to meet their needs,” said Blossom Feiteira, a beneficiary leader on Maui.

The $600 million mirrors what the Legislature approved in 1995 as part of a settlement to resolve the trust’s claims against the state, money that was paid out in annual installments over the next 20 years. With that settlement money, the agency was able to develop more than 4,000 new homestead lots — close to half the total developed over the past century.

In recent years, the department has estimated that it would need roughly $4 billion to exhaust a waitlist of 28,000 applicants, basing that estimate on an average cost of $150,000 to develop a residential lot. The beneficiary is responsible for buying or building a home on the lot.

Keohokalole and other legislators said the new $600 million infusion could be used to develop lots and acquire additional land, but the priority will be assisting those beneficiaries who cannot afford to purchase homes — the group of Native Hawaiians who were featured in the Star-Advertiser/ProPublica reporting.

That could mean more money for a unique pilot program that could help get Hawaiians off the waitlist, according to legislators. The program, which DHHL is still developing, would provide beneficiaries with down-payment assistance to buy homes on Oahu that aren’t located on trust land. Such assistance would require the recipients to give up their spots on the waitlist.

The project was approved by the commission in late 2020, following the Star-Advertiser and ProPublica’s initial story, and came after DHHL leadership challenged staff to “think outside of the box” to come up with bold solutions. The boldest one: a resort casino on DHHL land. That idea died during last year’s legislative session.

Agnel Philip of ProPublica contributed data analysis.

by Rob Perez, Honolulu Star-Advertiser

D.C. Attorney General Sues Customer Service Firm Arise for Stiffing Workers on Pay

2 years 11 months ago

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The Washington, D.C., attorney general’s office sued Arise Virtual Solutions, the work-at-home customer service company, on Wednesday, alleging the company stole wages from workers and deprived them of minimum wage, overtime pay and paid sick leave.

Large companies like Airbnb and Disney hire Florida-based Arise, which in turn recruits workers to answer customer service calls from their homes for its corporate clients. The attorney general’s civil suit, filed in D.C. Superior Court, alleges that Arise illegally classifies those workers as independent contractors rather than regular employees. That deprives the workers of a range of wage and other protections that the law provides only to employees.

The suit also names as a defendant Comcast, one of the many blue-chip companies that have obtained customer service workers via Arise.

“Arise has been elaborately constructed to avoid paying workers the minimum wage, overtime, and paid sick leave as required by District law,” D.C. Attorney General Karl Racine said in a statement. “Comcast, and other large companies, partnered with Arise and profited from that company’s theft of workers’ wages and benefits.”

The attorney general’s office opened its probe following a ProPublica investigation of Arise in 2020. Interviews and documents showed how Arise required workers to pay for the company’s training and their own equipment. The company made workers pay Arise monthly fees to take customer service calls on its “platform.” A CEO of the firm pitched corporate clients by saying the company could “squeeze wastage out of a typical workday.”

Customer service reps told ProPublica that Arise and the large corporations for whom they answered calls maintained a high level of control over their jobs, even as they were classified for legal purposes as independent contractors.

Those are labor law violations, the lawsuit alleges. “The economic reality of Arise’s relationship with its agents demonstrates the existence of an employer-employee relationship,” the lawsuit says. “Arise has the power to hire and fire agents, exercises extensive supervision and control over their conditions of employment, and determines their rate of pay.”

The D.C. suit seeks to recover back wages and paid sick leave, plus additional penalties, for at least 180 affected workers in Washington. That’s a small fraction of the tens of thousands of agents Arise has claimed to have around the country. The suit doesn’t say how much money the attorney general is seeking.

An Arise spokesperson declined to comment on the suit. The company has denied wrongdoing when its labor practices were called into question in the past. Arise is owned by private equity giant Warburg Pincus, which also declined to comment on the lawsuit.

The lawsuit alleges that Comcast is liable for wage law violations against its agents because the company had “substantial control over their conditions of work from hiring, to performance, and through termination.”

A Comcast spokesperson said in a statement that the company is “absolutely committed to lawful pay practices. This particular case involves individuals retained by and paid by Arise, not Comcast. We are reviewing the complaint and cannot comment further at this time.”

The lawsuit alleges that Arise targets women, especially women of color, for recruitment as customer service contractors. One Arise marketing site tells prospective workers they can “Become A Work From Home Mom” while another included in the complaint features photos of women of color smiling broadly alongside headlines like “Finally I had a chance to work again but I would be my own boss.”

That echoes ProPublica’s previous reporting that Arise’s workforce is heavily female, with one ad showing a woman being literally showered with cash.

Separately, a private class-action case filed against Arise in federal court last year is still pending. That followed a federal Department of Labor investigation more than a decade ago that concluded the company was violating the law and owed workers $14.2 million. But Arise pushed back against the government and ultimately paid nothing.

Ariana Tobin and Ken Armstrong contributed reporting.

by Justin Elliott

A Visionary Without a Country

2 years 11 months ago

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This article was co-published with The Chronicle of Higher Education.

On Sept. 9, 1999, David Letterman entertained millions of television viewers by riffing on a scientific breakthrough that had made an obscure Princeton assistant professor famous overnight. The late-night host’s top-10 list of “Term Paper Topics Written by Genius Mice” — including “A Sociological Study of Why Cats Suck” and “Outsmarting The Mousetrap: Just Take The Cheese Off Really, Really Fast” — saluted Joe Z. Tsien’s achievement in genetically engineering a mouse to learn faster and adapt better to changing conditions.

As the years passed, Tsien’s fame faded. Then, like hundreds of other scientists at U.S. universities, he found himself in the crosshairs of a federal crackdown on China’s theft of American research and expertise. His employer, the Medical College of Georgia at Augusta University, and one of his main funders, the National Institutes of Health, accused him of failing to disclose positions and funding in China, as well as his participation in China’s lucrative — and controversial — Thousand Talents recruitment program. The university removed his endowed chair, reassigned him to a smaller lab, and blocked him from sending his genetically modified mice to a professor in Shanghai who wanted to study them.

A naturalized U.S. citizen, the 59-year-old Tsien hasn’t been charged with any crime. But when he went to China to visit his ailing father in October 2019, FBI and Department of Homeland Security agents seized his laptop and two cellphones at Atlanta’s airport. Augusta University regarded Tsien as being absent from work without leave and stopped paying his salary. Tsien resigned the next month and sued the university for employment discrimination. He hasn’t returned to the U.S. for fear of being arrested.

The federal purge has spurred criticism for ensnaring researchers who didn’t stray outside accepted practices and whose universities were or should have been aware of their foreign moonlighting. Tsien portrayed himself as one such casualty, and he emphatically denied allegations that he misled his university and federal authorities. Although the Georgia university system said that it disciplined him for “legitimate, nondiscriminatory and nonretaliatory reasons,” he complained that he was singled out because he was Chinese. His treatment by federal agents and the medical college, he wrote, “makes me appreciate much better what Jewish people had suffered and felt under Hitler’s Nazi rule.”

Tsien has attracted prominent sympathizers. “He is a terrific scientist, extremely well trained and really creative,” said Thomas Sudhof, a Nobel Prize-winning neuroscientist at Stanford who has known Tsien for 20 years. “I believe he is 100% honest. Sometimes he is a bit overenthusiastic, and that may have gotten him into trouble occasionally. But he would be unlikely to commit any kind of infraction of the standard practices of science.”

Augusta University records, Chinese media reports and obscure filings tucked away in Chinese and American courts, plus conversations with Tsien and his friends and colleagues in both countries, tell a more complicated story. They show that Tsien is far less a victim than he asserts, and that he concealed key aspects of his dealings, including efforts to seek and commercialize Chinese patents for American-funded research.

The documents and Tsien’s associates depict him as an ambitious outsider in both his native and adopted countries, part schemer and part dreamer. There was no indication that he was aiming to help China or its government at the expense of the U.S. His goals appeared to be personal: to advance himself and his family.

Tsien’s career spanned the arc of American higher education’s relationship with China. He flourished in an era when U.S. universities were eager to attract Chinese students and partner with Chinese institutions. The American schools looked to professors educated in China, like Tsien, to guide them. But as the U.S. perceived China as a growing economic threat, what American academia had once celebrated as fruitful collaborations came to be condemned as “conflicts of commitment,” and Tsien’s penchant for skirting the rules and undermining his own prospects caught up with him.

Even before his downfall, his career was one of the more turbulent in the annals of neuroscience. Brilliant and charming, but quick to take offense and indifferent to other people’s opinions of his ideas, he tended to alienate powerful scientists and administrators whom he needed to cultivate. In the end, Tsien proved more adept at dealing with mice than men.

People who know Tsien say his difficulty in reading social signals may stem from a disrupted childhood. The Cultural Revolution, Mao Zedong’s brutal campaign to impose ideological purity, was the central event of Tsien’s youth. His family — his father was a clerk, his mother an accountant — was relocated from the city of Changzhou to a small village.

“Those of us who come from the Cultural Revolution, we don’t have political skill,” said one longtime friend, who requested anonymity. “Not only him, me too. There’s a lack of skill in dealing with complex human relationships.”

Still, Tsien made the best of his new surroundings. Roaming the countryside, “I became fascinated by how dragonflies can fly and suddenly stop in midair, or how ants navigate and search for food and then find their way home.”

His high school, run by a fabric factory primarily for employees’ children, was less than stellar, but he supplemented it with after-school classes in math and physics, and he passed the national college entrance exam. As a sophomore biology major at East China Normal University in Shanghai, he helped out in a neurophysiology lab. The “pop” of pigeons’ neurons firing in electrical pulses, converted to sound by an oscilloscope, “made me hooked to the mystery of the brain.” After graduating in 1984, he became a research assistant on a beer fermentation project. “My daily duty was to inoculate yeasts in the evening and taste beers in the morning.” He took advantage of the nap time allotted for hangover recovery to study English and apply to U.S. graduate schools.

He earned his Ph.D. from the University of Minnesota in 1990, followed by postdoctoral study at Columbia under Eric Kandel, who would go on to win a Nobel Prize, and at the Massachusetts Institute of Technology under Susumu Tonegawa, who had already won one. He married another China-born researcher in 1987, and they had two sons before divorcing in 2011.

At Columbia and MIT, Tsien studied memory and learning by manipulating genes in rodents’ brains. His first breakthrough came when he developed a method to delete a particular gene in a region of the brain that was vital to memory. Mice without the gene proved more forgetful.

Moving to Princeton in 1997, Tsien took a different approach — zeroing in on a gene called NR2B that was believed to be related to memory and injecting it into mice. The result surpassed his expectations. In August 1999, he announced he had created a smarter mouse, which he nicknamed “Doogie,” after Doogie Howser, the precocious hero of a television medical drama. His research made the cover of Time. The New York Times, ABC News, the BBC and other media hailed his achievement, and the journal Science chose it as one of the top 10 breakthroughs of 1999.

Joe Z. Tsien in 1999 with a mouse he genetically engineered at Princeton University. His achievement was hailed in the media. (Laura Pedrick)

People in China noticed too. Tsien’s alma mater, East China Normal, awarded him $300,000 in 2001 for his “imaginative research on learning and memory” and for “promoting academic exchange and collaboration between ECNU and Princeton neurobiologists.” Tsien then collaborated on research at East China Normal, which reimbursed his travel expenses. In 2002, it supplied him with a 1,200-square-foot apartment in Shanghai, according to filings in his divorce case. He stayed there when he was in Shanghai, and his parents lived there. He also brought some of East China Normal’s faculty and students to Princeton as visiting scholars.

Shirley Tilghman, then Princeton’s president, congratulated him on “this major recognition from your own university” and praised his work in a commencement address. Given Tilghman’s tributes and his high-profile publications in prestigious journals, he seemed like a shoo-in when he came up for tenure in 2004. Instead, the confidential proceedings became contentious, according to faculty members who requested anonymity. Many colleagues in the molecular biology department backed Tsien, but some complained that he oversold his research findings or didn’t care enough about teaching. Tsien said he received favorable evaluations from students.

Tsien believes that his mentors Kandel and Tonegawa, whom Princeton would likely have consulted, weighed in against him. Tonegawa had been upset that Tsien, who had begun genetically modifying mice at MIT, did not list him as a co-author on the “smart mouse” article. Also, against Tonegawa’s wishes, Tsien had taken transgenic mice from MIT to Princeton to launch his own lab.

“This project started while he was here,” Tonegawa told the Newark Star-Ledger in 1999. “MIT has at least partial ownership. What is made in the lab usually belongs in the lab. … I couldn’t say [Tsien] is one of the most collegial or cooperative persons.” When contacted by ProPublica, Tonegawa declined to comment. “Since Joe Tsien left my lab years ago we have not been in touch at all,” he wrote.

Tsien said that Tonegawa didn’t deserve credit and was jealous of his acclaim. Kandel did not respond to requests for comment.

Two Princeton faculty members said they had heard that Kandel and Tonegawa opposed Tsien. “Joe seems to have a pattern of exceptionally good relationships with important people, and then having them end up feeling betrayed by him in some way,” one said.

Ultimately, Tsien was denied tenure. It was a devastating blow. “I have learned what it meant to be the victim of your own success,” he said. Years later in Georgia, nostalgic for the scene of his greatest triumph, he would tie Princeton Tigers balloons to the cages of his genetically altered mice.

The same accomplishments that had seemed to assure Tsien’s future at Princeton made him a coveted free agent. David Farb, chairman of pharmacology at Boston University’s medical school, lured him there with a professorship at a “very high” salary, a newly renovated lab and at least $750,000 in research funding that had once been ticketed for Farb’s own work.

“I was in my glory,” Farb recalled. “Everyone said, ‘I can’t believe you recruited someone like Joe Tsien from Princeton.’”

Tsien demonstrated a new device for measuring brain signals in mice in 2006 to future Nobel laureates Edvard Moser, second from left, May-Britt Moser and John O’Keefe. (Courtesy of Dr. Longnian Lin)

Opinions shifted when Tsien began quarreling with medical school administrators over how much of the cost of housing his mice should be borne by BU and how much by his NIH grants. Tsien heightened the tensions by accusing BU officials of discriminating against him because of his race, a claim that Farb didn’t believe. “I thought it was a cheap shot.”

The animal experimentation committee criticized Tsien for leaving mice too long in the lab rather than returning them to the vivarium. “He was a big shot,” Farb said. “He felt like, ‘Why are they bothering me with this trivia?’” Farb advised Tsien to be more vigilant, and the pharmacology chair appointed a compliance officer to monitor Tsien’s lab and expenditures.

“I felt very badly” about these conflicts, Farb said. “I thought he was a good faculty member. For myself personally, I was being demonized as this department chair who brought in somebody who was spending all this money. People who had been strong supporters of the recruitment turned against it.”

Tsien said that his disagreements with the BU administration were “minor,” and he didn’t recall the details. Regarding the mice, he said they had to be kept undisturbed in the neural recording rooms for days to measure their long-term memory. The committee disrupted the experiments for several weeks, he said. “The event left a bad taste.”

Tsien’s frequent travels to Shanghai likely magnified the resentment. Many researchers in his lab came from China and were funded by its government. Farb wondered about the relationship, but he decided that on the whole it benefited the school.

“I’d see the papers published and try to figure out, ‘Is this a pharmacology department publication?’” Farb said. “Is it the Shanghai institute” at East China Normal where Tsien helped train faculty? “I didn’t know. Are they the same mice? Nobody was really asking at the time. Maybe they were totally separate. It was a Wild West. I was looking at it as a good thing. Joe is giving us a bridge to a big lab in China. Talented people are coming to the department on their own money. Who was I to raise questions? What am I going to say but, ‘Congratulations, Joe, you’re a great hire, you have four big NIH grants.’ I liked him. Some people didn’t.”

Founded in 1828, the Medical College of Georgia is part of the state university system and one of the nation’s oldest and largest medical schools. It capitalized on Tsien’s discontent, recruiting him to Augusta in 2007. Tsien received a $250,000 salary, a $2.5 million startup fund for his research and up to $300,000 a year to cover the cost of 1,100-1,200 mouse cages. The key draw was a $10 million commitment from the Georgia Research Alliance, a nonprofit created by state leaders to boost the economy through scientific discovery. It paid for a $3.6 million lab designed to monitor brain activity in mice, including eight recording rooms.

Tsien in 2018 at the Department of Neuroscience and Regenerative Medicine at the Medical College of Georgia at Augusta University. The school recruited him in 2007. (Phil Jones/Courtesy of Augusta University)

Tsien was named one of the research alliance’s Eminent Scholars and appointed co-director of a new Brain and Behavior Discovery Institute at the Medical College of Georgia. He was given funding to hire three junior and three senior faculty members. His office adjoining the lab was cluttered with books, awards and mementoes, including a cage containing a battery-powered, furry mouse with blinking red eyes — an allusion to the discovery that made him famous.

The Georgia Research Alliance’s support also included $1 million to develop a colony of transgenic rhesus monkeys in China. Tsien planned to replicate his experiments on intelligence and memory with monkeys, which are closer to humans in evolutionary terms than mice are. But it was hard to obtain approval in the U.S. to genetically alter primates, and monkeys were cheaper in China. So he planned to inject genes into monkeys at the Banna Primate Model Animal Center in the Xishuangbanna prefecture of Yunnan province in southwest China. He would then ship half of the monkeys to Georgia, where the alliance had allotted $500,000 for a second colony, for more experiments. He described the Banna center as an important research institute with roots going back to the early 1980s.

The medical college backed the international project. “We believe that his efforts in China will prove to be mutually beneficial,” then-Dean Douglas Miller wrote to the Chinese Natural Science Foundation in 2010. “Therefore we endorse, with great enthusiasm, Dr. Tsien’s collaborative research projects” at Banna.

Tsien’s China connections aided other professors at the medical college. Two colleagues had shown that curcumin, a yellow substance in curry powder, could help in treating cerebral hemorrhages. But there was a practical barrier; curcumin wasn’t easily absorbed in the stomach. “You have to eat a lot of curry to get the benefit,” one of the scientists said. Tsien put them in touch with researchers at East China Normal, who manufactured more soluble curcumin compounds. East China Normal and Augusta jointly patented the discovery.

The university’s then-president, Ricardo Azziz, valued Tsien’s network in China. Like many presidents at the time, Azziz was eager to increase his university’s visibility and attract international students by gaining a foothold there. He approached Tsien, described the goal of building a globally competitive university and urged him to help. Tsien began reaching out to colleagues in China, paving the way for Azziz to meet them.

In the next few years, Tsien accompanied Azziz on three trips to China. He gave “very clear advice about what would benefit our institution,” Azziz recalls. “He kept the interests of our university as his focus.” Tsien acted as interpreter and cultural guide, making sure that the president didn’t commit any faux pas. At his suggestion, Azziz brought gifts for their hosts, such as coffee mugs or hats with the university’s logo — but not clocks, which in China are considered bad luck. Since Azziz found the expensive chopsticks supplied at formal dinners too slippery, Tsien began carrying a pair of cheap disposable chopsticks in his pocket. When he thought no one was looking, he would swap them in for Azziz.

The chopsticks diplomacy paid off. A partnership with the Shanghai University of Traditional Chinese Medicine led to the 2014 opening of a Confucius Institute on the Augusta campus. Partly funded and staffed by China, the institute not only taught acupuncture and other techniques, but it also offered instruction in martial arts and Chinese music, and sponsored events for the Mid-Autumn Festival.

Concentrating on his brain research, and without expertise in Chinese medicine, Tsien had no desire to be the institute’s founding director. But Azziz couldn’t find anyone else, and Tsien reluctantly accepted the position. His second wife, whom he had met while she was a grants coordinator at East China Normal, became the institute’s global affairs coordinator. In addition, Augusta and East China Normal signed a five-year “friendship and cooperation” agreement in 2016, envisioning student and teacher exchanges, joint conferences and cultural events.

Tsien’s talents also impressed the U.S. Army. John Parmentola, U.S. Army director for research and laboratory management from 2001 to 2009, was seeking to expand its neuroscience research. After reading Tsien’s 2007 Scientific American cover article, “The Memory Code,” Parmentola invited him to speak at its science conference. Tsien then appeared in a video funded by Parmentola’s office, “The Science of Victory,” about the importance of research to the military. The relationship led to the Pentagon funding research by Tsien about how blast injuries and post-traumatic stress disorder affect the brain.

“He’s clearly a gifted and talented individual, and that should really be the focus of who he is and why his work is so important,” Parmentola said.

In his Georgia office, Tsien proudly displayed a coin Parmentola had given him, which commemorated his speech at the Army conference. Even on his visits to China, Tsien couldn’t hide his affection for his adopted country. To the apparent dismay of Chinese officials, he rhapsodized about American freedoms, especially the rights to vote and to own a gun. Tsien had collected a dozen guns — handguns, pistols, shotguns and an antique Soviet rifle — and he liked to shoot at a range on weekends.

“You don’t ever have to worry about the government coming after you,” Tsien would tell the Chinese administrators.

The Chinese “were getting uptight,” said Shawn Vincent, a former vice president for partnerships at the university’s affiliated health system, with whom Tsien also went to China. “You could see the government people look at each other. … Their eyes all got big. I just thought he couldn’t necessarily read the room.” When Vincent warned him to be careful, Tsien laughed it off.

Despite his contributions as a China liaison, Tsien’s status at the medical college depended on his research. Unfortunately, one of his big projects — the monkey colonies — was misfiring, both in China and in the U.S. Several Banna researchers, who he had trained, left for a neuroscience institute in Shanghai. The Georgia facility needed more funding, but the economic downturn and increasing animal rights protests against monkey research doomed it.

At the same time, his scientific curiosity was leading him deeper into the mysteries of the mind. His attention shifted from the genetic experiments that had made his reputation to the basic design underlying intelligence and memory. His recordings of electrical impulses in mouse brains stimulated by various traumatic events showed patterns of activity among groups of neurons, which he called “cliques.” One day in 2014, he had an epiphany: A simple mathematical equation could describe how the cliques organized themselves into the building blocks of brain computation — and ultimately explain how the brain generates abstract concepts and knowledge. The implications of what he called the “Theory of Connectivity” bowled him over.

Staking his career on this sweeping theory, though, was a considerable risk. It was outside his specialty and hard to prove. Sure enough, top journals such as Nature, Science and Cell rejected his manuscripts, although they were ultimately published in other respected peer-reviewed journals.

His pivot from practice to theory affected his research funding, much to the university’s consternation. His grants dropped from $1,657,981 in 2009 to $536,350 in 2017, according to the university. “Joe had a lot of grant dollars at one point,” Vincent said. “Some of those were starting to go away. I do remember … whispers” and words of caution from colleagues. “If you want to be safe, you stay within the guardrails.”

Tsien was vulnerable for another reason. Although he stepped down as soon as a successor was found, his brief time running the Confucius Institute on campus was unlikely to endear him to the U.S. government. The institutes were starting to draw criticism as outlets for Chinese government propaganda or potential listening posts for spies.

Augusta’s institute sparked immediate pushback from officials at nearby Fort Gordon, which was becoming a nerve center for U.S. intelligence. The National Security Agency had a major operation there, and in December 2013, the U.S. Army Cyber Command announced Fort Gordon as its new headquarters.

“We got pressure from friends at Fort Gordon who were concerned about our growing ties with China,” recalls Azziz, who resigned in 2015. “I explained this was a cultural thing.”

The university couldn’t afford to alienate Fort Gordon officials. Its 9,600 students include about 285 veterans and active-duty service members whose tuition is subsidized by the U.S. government, and its Military & Veteran Services office helps them adjust to college. Its fast-growing master’s program in intelligence and security studies benefits from its proximity to NSA and Cyber Command.

Fort Gordon’s dismay was echoed nationwide as attitudes toward China shifted. The number of Confucius Institutes nationwide has plummeted from more than 100 in 2017 to 24, according to the National Association of Scholars. Augusta’s shut down in 2019. As for the friendship agreement with East China Normal, nothing came of it, and it was not renewed.

As the relationship between Beijing and Washington grew increasingly tense, federal agencies that funded research began scrutinizing applicants with ties to China. NIH, which had long encouraged collaborations with China, learned from the FBI in 2016 that an Asian faculty member at MD Anderson Cancer Center in Houston had broken the rules by showing federal grant proposals he was reviewing to other researchers. The NIH examined grant applications and found that some researchers it funded weren’t disclosing dual appointments at Chinese universities. In August 2018, NIH director Francis Collins wrote to universities and academic medical centers, cautioning them that grant applicants and awardees “must disclose support coming from foreign governments or other foreign entities.” Augusta University, which relied on the NIH for 60% of its research funding from 2016 through 2021, had to pay attention.

In March 2018, the dean of the medical college, David Hess, told Tsien that the Department of Homeland Security had been asking about his frequent travel to China. Hess officially eliminated Tsien’s brain research institute, which the university had stopped funding in 2013, and laid off his administrative assistant.

The following February, Tsien was called into Hess’ office. The dean read aloud a letter to Tsien from the university’s vice president of human resources. “Recently it has come to our attention that you appear to currently hold two employment positions in China that create the potential for conflicts of interest,” the letter stated. The university was launching an “immediate investigation.” While it was undertaken, the university banned him from business travel and working off-campus.

Hess also instructed Tsien to fill out the university’s required annual conflict-of-interest form. In his more than a decade at the medical college, Tsien had never completed the form, which asked about outside income, activities and business ownership. And, apparently, no supervisor had reminded him to. Hess said that oversight of the forms was divided between several offices, and that most faculty members filled them out.

“If I go 80 mph on the highway and no one catches me, I’m still breaking the law,” Hess said.

Tsien said that he didn’t receive the conflict-of-interest forms. Numerous articles in Chinese media about him cited affiliations that — if accurate — should likely have been disclosed on university forms. One said he was a Thousand Talents Program expert and a funded professor at East China Normal University, and that a team led by Tsien had developed a drug screening device that was recognized by the Chinese Ministry of Public Security and displayed at the Interpol General Assembly held in Beijing in September 2017. In 2018, Tsien was described as a director of a neuroscience research center in Xi’an.

As the university’s investigation of Tsien’s connections to China ramped up, other scientists’ careers were also being derailed. Since November 2018, when then-U.S. Attorney General Jeff Sessions announced a “China Initiative” to combat economic espionage, the Department of Justice has criminally charged at least 25 researchers who were not employed by industry. Most of them worked at universities and allegedly committed fraud or made false statements in connection with unreported income or affiliations in China.

Some of these cases have fallen apart, spurring criticism that they amounted to racial profiling. In July, the Biden administration dropped charges against five visiting researchers who had been accused of hiding ties to China’s military. After the trial of Anming Hu, a former University of Tennessee at Knoxville nanotechnology professor accused of hiding his part-time teaching position in Beijing from NASA, ended in a hung jury, the Department of Justice sought a retrial. In September, a federal district court judge acquitted him. Judge Thomas Varlan ruled that Hu did not intend to deceive NASA, which is restricted by Congress from funding collaborations with China, and that there was “no evidence that NASA did not receive exactly the type of research that it bargained for.” The university then offered to rehire him. In another setback for the China Initiative, it was reported last week that federal prosecutors are expected to drop charges against Gang Chen, an engineering professor at MIT who had been accused of concealing ties to the Chinese government and its talent recruitment programs. The Justice Department did achieve a notable triumph in December when a federal jury convicted Charles Lieber, former chair of Harvard’s chemistry department, of lying about his participation in the Thousand Talents Program. Lieber’s lawyers have said he plans to appeal.

While the criminal cases have attracted the bulk of media attention, actions by federal agencies that fund academic research, and by universities themselves, have affected far more professors. In April 2021, Michael Lauer, NIH deputy director for extramural research, told Congress that more than 100 scientists had been removed from the “NIH ecosystem.”

By November, NIH had expressed concern to institutions about 228 scientists with possible problems related to foreign interference. Of these, 191, or 84%, were found to be linked to a “serious violation.” More than 60%, a total of 141, were excluded from receiving NIH grants, including 90 who were fired or quit their jobs. Only 11, or 5%, were cleared. More than three-fourths of the 228 scientists identified themselves as Asian, and China was the “country of concern” in 210 cases, or 92%. Almost half of the cases originated with NIH; universities self-disclosed nearly 30%; and the rest were referred by the Department of Justice or FBI.

Lauer told ProPublica that NIH does not discriminate against researchers of Chinese descent. Most of NIH’s cases involve scientists born in China, he said, because China’s aggressive brain-gain programs such as Thousand Talents offer expatriates generous stipends, cutting-edge labs and other incentives for full-time or part-time work at Chinese universities.

Thousand Talents contracts give the Chinese university “at least some rights” to inventions developed in the U.S., and they may also require participating scientists to keep their work in China secret, according to a 2019 report by the U.S. Senate Permanent Subcommittee on Investigations. Of the 228 scientists identified by NIH, 124, or 54%, allegedly did not disclose funding from talent programs.

Despite pushback from Asian American rights groups and some universities, Lauer expects the focus on China-related conflicts of interest to continue. “There was no change going from Obama to Trump, and we aren’t seeing any change from Trump to Biden,” he said. Both parties in Congress, he said, have encouraged NIH to be aggressive. Proposed legislation would restrict federal grant recipients from participating in Chinese talent recruitment programs.

Lauer declined to discuss specific professors. Still, he acknowledged that many of them came to NIH’s attention because, far from concealing their Chinese backing, they credited it in their published articles. “It’s actually in their scientific papers, but their [U.S.] universities didn’t notice it,” he said.

Lauer insisted that NIH still encourages international partnerships. “There’s a difference between collaboration and deception,” he said.

Some China-born professors don’t trust NIH to recognize that difference. One morning last October in the halls of the Medical College of Georgia, a scientist from China lamented the crackdown. “Nothing we can do,” she sighed. “Nothing we can do. I’m a very conservative person. I follow the rules. I do not have any collaboration in China.”

She said she still had Chinese researchers in her lab — for now. “Everyone is scared. The U.S. is no longer welcoming them.” If they go elsewhere, she said, American science would suffer. “Most Chinese students work very hard. No matter how good your ideas are, you need good people.”

Faculty opinion was divided about Tsien. “What happened to Joe was awful, and it speaks to the climate here,” one said. “If they can squeeze someone of his stature out, what would they do to me?” Another said that Tsien doomed himself by denouncing the investigation and “throwing bombs” at administrators.

Tsien wasn’t the only neuroscientist at the medical college with ties to China. Professor Darrell Brann agreed to participate in a Chinese recruitment program, the Hebei Foreign Experts Hundred Talents Plan, as a visiting professor at North China Science and Technology University, for about $70,000, according to Chinese media reports. Brann reported receiving $36,500 from North China in 2017 and 2018 on his Augusta conflict-of-interest form.

Tsien’s lawsuit cited the university’s failure to investigate Brann, who is white, for joining the talents program as evidence of anti-Asian discrimination against Tsien. “Dr. Brann was not the subject of a conflict of interest investigation because such investigation was not warranted,” the university responded in a filing.

Brann declined to comment, but a person close to him described what had happened. A post-doctoral researcher in Brann’s lab at Augusta had connected Brann with a former mentor at North China. Brann then became associated with North China, which eventually asked him to run a major lab. Uncomfortable with this larger role, Brann ended the relationship before receiving the entire $70,000.

Oil paintings of the deans of the medical college dating back to the long-bearded Lewis Ford, who later served as a surgeon in the Confederate Army, lined the hallway to Hess’ office. Hess, a defendant in Tsien’s lawsuit, declined to talk about him or the case. Still, he supported Brann. “I’m sure he followed the rules,” the dean said.

Hess acknowledged that NIH’s attitude toward collaborations with China has changed, and that the college’s success is tied to NIH funding: “If those grants are taken away … we have to make it up.” But that very reliance, he said, ensures that the college doesn’t discriminate against researchers of Chinese descent because they bring in one-third of the school’s NIH money.

“There’s no discrimination against our Chinese American scientists, I assure you,” Hess said. “We’d be crazy to. They’re super productive.”

As the allegations against him accumulated, Tsien swatted them away, denying that he had taken any undisclosed income from China. The affiliations uncovered by university investigators, he insisted, were unpaid, were speculation by Chinese media or were partnerships under his international Brain Decoding Project — another of his big ideas. As for Thousand Talents membership, he acknowledged the title but not the money. “I did not take personal financial support or talent research funding from it,” he told Augusta. A university in Yunnan, he said, applied to Thousand Talents on his behalf around 2011, offering him a three-month visiting professorship. He declined the position and arranged for the funds to go to the Banna institute.

These defenses were effective. In its final report on his case in December 2019, a month after Tsien resigned, Augusta conceded that it couldn’t substantiate that he had accepted money from China. And while it contended that his frequent travel to China — 12 trips totaling 228 days from July 1, 2016, to Jan. 31, 2019 — had affected his research funding and productivity, it acknowledged that the medical college had approved his absences.

The case against him came down to six patents in China on which Tsien was listed as an inventor under his Chinese name, Zhuo Qian. The patent applications were filed without Augusta’s approval between 2011 and 2015. Reviews by the university’s Office of Innovation Commercialization and by an outside patent attorney it consulted found that these patents were “identical to or derivative from” Tsien’s research at Augusta and that it was likely that he had “participated in the filing of the Chinese patents and provided the information necessary.” And since Augusta, as his employer, owned or co-owned the research, and the university had not been told about the Chinese patents, his actions allegedly constituted theft of intellectual property. If he had not quit, the report concluded, he would have been fired.

The patents related to a technique of measuring and imaging changes in heart and respiration rates remotely, without attaching sensors. Meng Li and Fang Zhao, two researchers in Tsien’s lab, developed the technique under his guidance, with funding from the Georgia Research Alliance, as part of his effort to determine how long mice remember traumatic events such as falling or being shaken in a jar. The technique was patented in the U.S., with Tsien, Meng Li, Fang Zhao and Yi Qian, the director of the Banna Biomedical Research Institute, listed as inventors. Augusta University and the Banna institute co-own that patent.

The Chinese patents did not mention the medical college. All six were co-owned by the Banna Dadu Yunhai Intelligent Technology Development Co. The Banna Biomedical Research Institute shared five. So did the Shanghai Institute of Criminal Science and Technology, which took an interest in the research because technology that can identify variability in physiological rates could be useful for improving lie detectors.

Like Tsien, Fang Zhao was listed as an inventor on all six Chinese patents. Her husband, Meng Li, was listed on five. By 2019, when the university was investigating Tsien, they had left his lab and were working at Harvard University. One day, two FBI agents knocked on the door of their apartment in Cambridge, Massachusetts, and interviewed them for 45 minutes, mostly about Tsien. The agents politely asked about his travel to China, focusing on the patents. Did he apply for them? Had he commercialized them? Was Zhuo Qian his Chinese name? “We answered all the questions we know,” Fang wrote in an email. “However, this incident made us feel uncomfortable.”

The U.S. Department of Justice declined comment on Tsien, saying that it does not discuss active investigations, or confirm or deny whether there is an investigation.

Tsien said that he wasn’t involved in seeking the China patents. In a carefully phrased response to Augusta, he wrote that the Chinese institutions had sought the patents “based on their own work and resources. ... I was not officially approached for any written consent or given an opportunity to read their applications before they filed the patents.”

His co-inventors had done most of the research in China or on their own time, he wrote, and his contribution had been limited to “some non-essential, generic comments to them.”

If he had participated in filing the patents, he said, he would never have used his Chinese name, which was legally invalid because he had changed it to Joseph Z. Tsien when he became a U.S. citizen. He suggested that the other inventors included him on the patents out of gratitude for “getting them acquainted with each other at social gatherings in China,” or because of his luster as a scientist. He also showed ProPublica a “declaration letter” from the law firm in China that handled the patent applications, attesting that, “We received no document signed by Joseph Tsien or Qian Zhuo.”

In recent years, more than twice as many patent applications have been filed in China as in the U.S. From the local level up, the government in China has often rewarded applicants with subsidies or job promotions. It seemed possible that such incentives had prompted Banna or the co-inventors to apply without Tsien’s knowledge.

But an obscure paragraph in Tsien’s own answers to the university undermined his defense. He wrote that one of the other inventors, Yi Qian, was his sister, and that she, his mother and his mother-in-law were all partners in Dadu, along with Meng Li and Fang Zhao. The company, Tsien wrote, “manages organic tea farms and offers tea, traditional Chinese medicine products, health/wellness and cosmetic products,” raising the question of why it would co-own patents related to research on heart rates.

Tsien had told ProPublica that he had a sister. But he hadn’t mentioned that they worked together or shared a patent. “My sister mostly lives with my parents in Yunnan province where weather is … more suitable for elderly, and she also manages her organic tea farm there,” he had written months before. Now he added that she was trained in mechanical engineering and “helped us to expand the remote measurements” beyond mice to fish, pigs, elephants and newborn Chinese babies. (Qian did not respond to a request for comment.) The ethics board at Banna Biomedical Research Institute approved the measurements on infants, which were taken by video camera.

Tsien’s disclosure that his sister and mother had stakes in a company that co-owned his Chinese patents appeared to be at odds with another response he had given to the university. Its conflict-of-interest form, which Hess had ordered Tsien to fill out in 2019, asked whether any immediate family member was a full or partial owner of a business related to his “Institutional Responsibilities.” Tsien checked “no.”

One of Tsien’s co-inventors contradicted his account. Fang Zhao told ProPublica in response to emailed questions that Tsien not only knew about the patent applications but also initiated them. He “asked me to prepare the technique reports for him when I worked in his lab,” she wrote. She said that Tsien asked his sister to apply for the Chinese patents. As for Tsien’s Chinese name on the patents, Fang Zhao said that he always uses it in China.

She and Meng Li “have no idea that he has not reported these Chinese patents to Augusta University,” Fang Zhao wrote. “Joe told us this is normal academic cooperation activity which is allowed by Augusta University.”

Fang Zhao also described the Banna institute as a private organization run by Tsien, his sister and his mother. This raised questions about Tsien’s relationship to the Thousand Talents Program. Tsien had said that he declined the Thousand Talents funding and arranged for it to go to Banna instead. But if Banna was controlled by his family, it seemed possible that he or his family had benefited directly or indirectly from the money.

Chinese records and media coverage showed that the three Banna organizations were all established around the same time and were all connected to Tsien and his family. Dadu started in 2010 with about $700,000 in seed money. There was also the Banna Primate Model Animal Center, which opened in 2008 with about $1.5 million in capital, contrary to Tsien’s description of it as a 40-year-old organization. The primate center, which owned a 20% stake in Dadu, appeared to be a precursor to the Biomedical Research Institute, which started in 2010 with more than $2 million.

A lawsuit in China alleged that the Banna entities were tightly intertwined — and linked to Tsien. A construction company sued Dadu, the biomedical institute, Tsien (by his Chinese name, notably) and his sister for nonpayment of roughly $800,000 of a $2.2 million contract. According to the lawsuit, the personnel and finances of Dadu and the institute were commingled and Tsien was the “actual controller and investor.” Citing a lack of funds, the defendants had requested more time to settle their account, but they had still not paid in full. The case’s status or outcome was unclear because in 2019 a local judge moved it to another court, whose records were unavailable.

Tsien’s efforts to profit from the patents went beyond Banna. In December 2018, he and his sister proposed establishing a “Brain Science and Artificial Intelligence Research Center” in Yuxi, a city of 2.6 million people in Yunnan, about five hours’ drive from Xishuangbanna. The center’s products would include a remote drug screening device covered by one of the six Chinese patents. Notes from the meeting on the Yuxi government’s website identified Tsien, again by his Chinese name, as dean of the Banna Biomedical Research Institute and his sister as its vice president. The Yuxi government agreed to embark on the project, with Tsien’s sister as a deputy team leader.

Tsien, second from right, at the signing ceremony for the Shaanxi Brain Science Center on July 18, 2018; the backdrop displays his Chinese name. The accompanying article describes him as the center’s director and his sister, Yi Qian, as deputy general manager of a related company. Highlights added by ProPublica. (Screenshot from The Paper, July 19, 2018. Original photo from the Xi’an Publicity Department.)

Tsien spun these new revelations as best he could. While acknowledging that he had not always told the full story, he continued to distance himself from the Banna companies and the Chinese patents that they co-owned.

For example, he said that Dadu “was established by a few of my relatives” but that he did not “provide the money.” His sister, he said, had worked for China Resources Group, a state-owned conglomerate, and then as an entrepreneur before managing the tea farm, and she had gotten rich enough to help found Dadu. “My family was poor when I was in high school or college,” he said. “Now everybody seems to be much better.”

The primate center’s origins did trace back to the early 1980s, he said, but the state government had planned to close it and develop the real estate. “There was this very chaotic moment. I wanted to continue the primate research.” The center was reborn with his Georgia Research Alliance grant and local government money. The government then expanded it into the biomedical institute, which he described as a nonprofit organization with both public and private funding. He had donated the Thousand Talents stipend for construction of new buildings, such as a conference hall and a cafeteria, and didn’t personally profit, he said.

He denied the construction company’s contention that Dadu and the institute commingled funds and that he controlled both entities. “They put my name in because they think I’m American, I have money.” The company hadn’t been fully paid because it had “jacked up the price,” but the court rejected the exorbitant sum, and the case was close to being settled.

Tsien acknowledged that the lawsuit and other documents in China, like the patents, referred to him by his Chinese name. “Everybody in China uses my Chinese name,” he said. “I stopped trying to correct them.”

He said he was aware that Meng Li and Fang Zhao wanted to apply for the patents. He had cautioned them that they had to abide by Augusta’s policies and that the work couldn’t be done in his lab, he said. “I told them, ‘You need to draw a line here.’” They followed his advice, he said. Once the Chinese patents came under scrutiny, Zhao and Li, as partners in Dadu, “may have unfortunately tried to shift blame,” Tsien said. Zhao did not respond to a request for comment.

Tsien said he didn’t remember if he instructed his sister to file the patent applications. Then he added, “It was a combination.”

Tsien maintained that he had no desire to commercialize the patents. Asked about the proposed Yuxi research center that would develop the drug screening invention, he sighed. “If that qualifies as my effort to commercialize, then yes, OK, I did try to commercialize,” he said. Although Yuxi was “a natural” location because drug addiction was rampant there, the center has not materialized, he said.

Tsien lives with his younger son and his sister’s children in a tree-lined Shanghai neighborhood in the apartment that East China Normal provided for him almost 20 years ago. His younger son works at a product design company, and his niece works at a media production company. His nephew goes to a better middle school than those available in Yunnan, where Tsien’s sister, Yi Qian, lives. The apartment’s other occupants are two German shepherds named Max and Duke.

He hasn’t seen his wife or their young daughter for more than two years. Because he had only expected to be gone a month — he had bought a round-trip ticket — they stayed behind in Georgia. He said he talks with them daily by WeChat. “Sometimes, I play silly with my daughter, such as posing as an elephant wearing a cowboy hat.” He speaks a couple of times a week with his older son, a graduate student in computer science in the U.S.

His reluctance to come back jeopardized his lawsuit in federal district court in Augusta. The university contended that it should be able to take his deposition in person, though remote depositions have become more common in the COVID-19 era. A magistrate judge ruled on Nov. 12 that “evading arrest is not a legitimate basis for seeking relief” and that Tsien had to appear in person to be deposed.

Marooned in China, Tsien has had time to reflect on his rise and fall in the U.S.

“America is like a treasured rainforest in which reside all sorts of creatures,” he said. “One just needs to deal with a few mosquitoes and possibly snakes along the way to enjoy and appreciate its majestic beauty.”

Surprisingly, despite his many past affiliations with Chinese universities and institutes, Tsien is no longer working in higher education. “I did get many invitations to give seminars but tend to decline most because I prefer to draw a line between my previous academic life and current one, which gives a strange feeling that one may live twice,” he said.

Instead, he’s chief scientist at an artificial intelligence startup in Shanghai, where he’s building a self-driving car operated by an algorithm and hardware inspired by brain computation. By creating a smarter car, as he created a smarter mouse, he hopes to vindicate his Theory of Connectivity about the basis of human intelligence.

His departure from academia, though, may not be entirely by choice. One close friend said that Tsien, when he was riding high at Princeton, lorded his renown over Chinese researchers of lesser stature. Now the scientists who resented his condescension are in power at Chinese universities, and they have no desire to resuscitate Tsien’s career.

“He burned bridges in both countries,” his friend said. “To me, it’s a tragedy.”

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by Daniel Golden and Jeff Kao

Kidney Failure, Emergency Rooms and Medical Debt. The Unseen Costs of Food Poisoning.

2 years 11 months ago

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This story was co-published with The Texas Tribune.

On a cloudy day in November 2019, family and friends gathered in Austin, Texas, to mourn the passing of Lovey Jean Carter.

Carter, who had heart trouble and other ailments, had died at 67.

After the burial, many of the mourners returned to Rising Star Baptist Church to share a meal. The brisket was home cooked, but everything else — rotisserie chicken, potato salad and fried chicken — was bought ready to eat from local grocery stores. One of Carter’s brothers, James Monroe, had picked up 15 rotisserie chickens ordered from the Sam’s Club on the south end of Austin. It was all simple. And it was all supposed to be safe.

But that night dozens of the attendees were stricken by illness, overcome by nausea, cramping, vomiting and diarrhea, according to an investigation by Austin Public Health, which found that at least 61 people reported symptoms of food poisoning after the reception.

“Seemed like a dream that everyone was calling saying, ‘I’m sick, I’m sick, I’m going to the hospital,’” Joyce McDowell, one of Carter’s younger sisters, recalled.

Hundreds of people die every year in the United States after eating food tainted with salmonella, listeria and other dangerous pathogens. As wrenching as those deaths are, though, they are only the tip of the toll that food poisoning takes on the United States, where millions more people are sickened each year.

Salmonella is a leading culprit, with an estimated 1.35 million infections a year, resulting in thousands of hospitalizations, according to the Centers for Disease Control and Prevention.

For many of those victims, the effects can be life-altering. There can be kidney or gastrointestinal troubles that persist for years. There can be staggering hospital bills that for some patients, especially those without health insurance, seem to never let up.

And long after the worst of the illness has passed, anxiety about eating and the frustrating, often futile, search for answers can linger.

The rate of illnesses caused by salmonella hasn’t lessened in 25 years in the U.S., which continues to lag many countries in curbing the spread of the pathogen.

A ProPublica investigation of the U.S. food safety system found that federal regulators don’t have the power to stop meat and poultry contaminated with risky strains of salmonella from being sold to consumers. When the U.S. Department of Agriculture, which oversees meat and poultry, detects the pathogen, the agency can’t issue recalls or halt plant operations. It can only act if it is able to tie a case or cluster of cases of foodborne illness to a particular product. Inhibiting oversight further, a total of 15 federal agencies have a hand in food safety, with much of the responsibility split between the USDA and the Food and Drug Administration, a fragmented structure that critics say has impeded progress.

Nationally, the price tag in costs of treatment, lost work hours and premature deaths is estimated at $4.1 billion a year, according to the USDA.

“Salmonella is a very expensive pathogen, partially because it causes a lot of illnesses and partially because it can cause pretty severe disease as well,” said Sandra Hoffmann, a senior economist at the USDA. “You think, ‘Oh, foodborne illness is just a bellyache,’ but it is quite costly.”

The experience of Carter’s loved ones would end up a testament to the toll salmonella can take and to the obstacles to holding anyone accountable when illness strikes.

Austin Public Health opened an investigation into the outbreak shortly after it began, but investigators couldn’t pinpoint the source of the illness — a fate that befalls most such inquiries.

McDowell, now 68, hoped to fight through her illness at home. But the next day, she still felt sick. And that night, her watch sounded off with warnings that her heart rate had reached 130 beats per minute.

“I never felt so weak like that in my life,” she said.

By the time she arrived at Dell Seton Medical Center in Austin, others from the funeral were already at area hospitals. Before long, doctors had identified the source of the spate of illnesses as salmonella.

“You hear it advertised on the TV that so many people die a year of salmonella,” McDowell said, “but you never think that it’ll hit home. But it did.”

After the result of lab tests came back, Austin Public Health was notified on Nov. 5, three days after Carter’s funeral.

The health agency would eventually identify 84 people who attended the funeral reception. At least 26 of them were hospitalized, some for more than a week. The youngest person hospitalized was 1, the oldest 92. Servers who tasted the food also ended up sick.

The health agency interviewed 67 of 84 funeral attendees, asking each of them to recall what they had eaten, when they started feeling ill and what the symptoms were. The agency found that the rotisserie chicken was eaten by more of the sick people than any of the other foods served.

But as clear as the cause might have seemed to the victims, determining that the chicken was in fact the source of the salmonella outbreak still wasn’t going to be easy. One reason was that so many of the mourners fell ill. Only two of the people who were identified as having eaten at the funeral didn’t get sick, which left investigators unable to effectively distinguish between what the sick people ate and what the healthy people ate.

“It’s plausible that the chicken was the cause of the illness,” Jen Samp, a spokesperson for Austin Public Health, said in an email, “however, we did not have statistical evidence to prove which food was the culprit.”

A spokesperson for Sam’s Club, Erin Hulliberger, told ProPublica in an email that the company is “committed to providing high-quality products” and noted that the Austin investigators had said they were unable to determine the source of the illness.

The possibility of cross-contamination presented another investigative challenge. The brisket and chicken had been served with the same utensils, so if salmonella was originally present on one but not the other, the bacteria could have spread between them.

Monroe, who had picked up the rotisserie chickens and cut them up before the reception, was among those who ended up sick. He and his son sampled a few bites while prepping the food, and by the time the service was over, he was in such pain that he went home instead of going to the reception. It wasn’t until that night, as he heard of others who had become ill, that he realized that the rotisserie chicken might be the cause of all the sickness.

A little over a week later, after he had recovered, Monroe gave the health agency what seemed like a valuable clue: a whole rotisserie chicken that was one of the 15 purchased for the funeral reception but had been sitting, unopened, in Monroe’s refrigerator.

For investigators, an unopened package of a suspect food can be a vital, if rare, piece of evidence. Usually, the food suspected of causing illness has already been eaten, opened or discarded by the time illness emerges and an investigation is launched.

The health agency picked up the chicken from Monroe’s home, placed it on ice inside a double layer of biohazard bags and took it to a state laboratory in Austin for testing, according to Samp, who said the agency followed state protocols.

The state lab, however, determined the chicken wasn’t suitable for testing. A spokesperson for the Texas Department of State Health Services told ProPublica that Austin Public Health had collected two leftover rotisserie chickens from Monroe’s house — one in the unopened package and one in an opened package — and transported them in the same bag, creating the potential for cross-contamination. “We have very strict protocols that must be followed to ensure the integrity of the samples collected for testing,” the spokesperson, Lara Anton, said.

So what could have been the key to determining what made everyone sick ended up unexamined, underlining one of the challenges inherent in investigating foodborne illnesses.

“That’s the nature of the beast,” said Jack Guzewich, who for 11 years led the FDA’s foodborne disease surveillance and response program. “There’s so many other things that can go wrong that you end up inconclusive.”

Guzewich, who left the FDA in 2011 and worked as a consultant on foodborne disease investigations before retiring, said that had the leftover chicken been tested, it might have shown whether the chicken from Sam’s Club was carrying the same strain of salmonella that made everyone sick. “If the chicken sampling had been done correctly, they might have had the smoking gun and met the gold standard,” he said.

Based on samples from 26 of the victims, investigators determined that the funeral goers had been infected by a form of salmonella known as Saintpaul. It’s one of a relatively small number of salmonella types that account for most of the salmonella infections documented by the CDC. In 2008, Saintpaul, named for the Minnesota city where a scientist first isolated the strain, caused an outbreak that led to more than 1,400 infections nationwide. In the years since, the CDC has documented about 200 cases a year, about a fifth of them leading to hospitalization. (The CDC estimates that for every confirmed salmonella infection, almost an additional 30 go unreported.)

Even as the Austin health agency was investigating, some of the victims were pressing for answers on other fronts, contacting Sam’s Club and enlisting a personal injury lawyer.

Two days after the funeral, one relative reported the outbreak to Sam’s Club through a contact form on the company’s website. About a week later, another reported the outbreak to Sam’s Club by phone. In an email to one of the relatives and a voicemail to the other, representatives of Sam’s Club said the company had opened an “investigation.”

Patrick Monroe, the relative who filed a complaint online, said a Sam’s Club representative called him several weeks later and said because government investigators hadn’t tested the chicken, there was “nothing” the store could do.

Keith Carter, the relative who had reported the incident by phone, said he didn’t hear anything back from Sam’s Club. “I kept calling them, and they never returned my calls,” Carter said.

Hulliberger, the spokesperson for Sam’s Club, said the company takes safety seriously. “We have policies in place to comply with strict food safety controls, which help ensure the food we provide is safe,” she said.

She pointed out that the investigation had not determined what food caused many of the mourners to become ill. “Based on its investigation, Austin Public Health reported it was statistically impossible to implicate any of the food items from the funeral reception in 2019 as the source of illness that ProPublica is attempting to link to Sam’s Club,” she said.

In its report on the outbreak investigation, the health agency said it visited the store where the rotisserie chickens were purchased. It inspected its “kitchen and process” and did not note any violations.

A few of the relatives had found a firm willing to represent them in filing a lawsuit. It wouldn’t be quick or easy, but it might give them some answers and perhaps some compensation for the harm endured by so many of the mourners.

But two months later, the firm, now known as Pastrana & Garcia, backed out. After the health department said it was not going to be able to pinpoint the source of the food poisoning, the lawyer who had agreed to represent the victims, Raul Steven Pastrana, told them the case was all but unwinnable. “Without the health department’s willingness to identify one source of the poisoning, there are too many possible sources to meet the ‘more likely than not’ standard,” he wrote in a letter to the relatives. In an email to ProPublica, Pastrana’s firm declined to comment.

In Dale, a community about 30 miles south of Austin where many members of Lovey Jean Carter’s family live, some in houses right across from one another, memories of the salmonella outbreak are still fresh. Intense pain, diarrhea, nausea and vomiting overtook every household in the family in the hours after the funeral reception. The youngest member of the family, a 1-year-old, was vomiting through the night while her grandfather anxiously looked after her. Several family members were taken to hospitals in ambulances.

It felt as if death was stalking them, Carter’s mother, Lola Monroe, 94, said. “I think about that so often. My daughter’s funeral, and right after the funeral everybody got sick.”

Hattie Tibbs, 74, a family friend who was taken to a hospital in Kyle, said the illness brought her to tears. “Oh my, the pain,” she said, “I wouldn’t wish that on nobody.”

Getting out of the hospital and over their symptoms wouldn’t be the end. After the hospital stays and doctor’s visits, bills began to arrive. For some, insurance covered nearly everything. Others still owe money to this day.

Keith Monroe, who stayed in the hospital for one week and didn’t have health insurance at the time, was billed about $49,000, which he still owes. On top of his medical bills, Monroe, a handyman, lost work in the four months he was recovering.

Keith and Russell Carter, who are brothers and nephews of Lovey Jean’s, held out for three days after the funeral, trying their best to avoid seeking care.

“We really didn’t want the hospital bills. I knew if we went in, it’d be no telling how much it’d be,” Keith Carter, 55, said. “We just tried to tough it out, and the more we tried to tough it out, the worse it got.” Carter was vomiting, nauseated and completely dehydrated. His pain level, he said, reached a 10.

After about eight hours in the emergency room, his charges came to about $15,000, of which he was responsible for $1,700. Carter has five daughters and works as an equipment manager for the state’s health and human services agency by day and as an airline baggage handler at night. He had to take time off from both jobs when he got sick.

“When you got five girls and you got other bills — you got car payments, house payments — it’s money that you’re spending that you really don’t have,” Carter said.

Having to pay for being sickened by the funeral food made the hospital charges all the more frustrating. “I really didn’t want to pay anything, especially when you’re not at fault,” he said.

Today, Carter still suffers from abdominal pain. Tibbs had to change her diet because her stomach can no longer tolerate some of the foods it used to. And Keith Monroe has to use the restroom much more frequently because of lingering kidney problems.

Patrick Monroe said he is troubled that his relatives never got answers about what made them so sick. “I just don’t know how something like this got passed over.”

He is still paying off medical bills for himself and his two children. He doesn’t eat rotisserie chicken anymore. And he gets anxious at doctors’ offices, which bring back memories of all the illness the family endured. “I felt like I was going to die.”

Michael Grabell, Mollie Simon and Bernice Yeung contributed reporting. Lexi Churchill contributed research.

by Maryam Jameel

Tennessee Judge Who Illegally Jailed Children Plans to Retire, Will Not Seek Reelection

2 years 11 months ago

This article was produced for ProPublica’s Local Reporting Network in partnership with Nashville Public Radio. Sign up for Dispatches to get stories like this one as soon as they are published.

Update, Jan. 18, 2022: This story was updated to reflect that Judge Donna Scott Davenport will step down this year rather than seek reelection.

Donna Scott Davenport, the juvenile court judge at the center of a controversy over the arrest and detention of children in Rutherford County, Tennessee, has announced that she will step down this year rather than run for reelection.

Earlier on Tuesday, ProPublica and Nashville Public Radio published a story about a move by some Tennessee lawmakers to remove Davenport from her post. About an hour after that story was published on ProPublica’s website, Davenport, in an email sent by the county’s spokesperson, announced that she will not be running for reelection this year. Instead, she plans to retire when her current eight-year term expires this summer.

Davenport, in announcing her retirement, said: “After prayerful thought and talking with my family, I have decided not to run for re-election after serving more than twenty-two years on the bench. I will always look back at my time as Judge as one of the greatest honors of my life and I am so proud of what this Court has accomplished in the last two decades and how it has positively affected the lives of young people and families in Rutherford County. I wish my successor the best and hope that this job provides them the same fulfillment it has provided me over the years.”

A bill that was introduced in the Tennessee legislature sought to remove Davenport, following reporting from Nashville Public Radio and ProPublica detailing how the county’s justice system was illegally arresting and jailing children.

Since 2000, Davenport has overseen the juvenile justice system in Rutherford County, where the county jailed kids in 48% of the cases referred to juvenile court — compared with the statewide average of 5%. State Sen. Heidi Campbell and state Rep. Gloria Johnson have said they are proposing legislation that could result in Davenport’s ouster. A bill starting the process was filed in the state Senate on Friday.

In Tennessee, state lawmakers have placed narrow limits on when children can be locked up prior to a delinquency hearing. But from 2008 to 2017, Rutherford County’s juvenile jail instituted its own system, called a “filter system,” under which any child deemed a “TRUE threat” could be detained. The jail’s written procedures never defined what a “TRUE threat” was. Davenport appointed the jail’s director, who also reports to her. In 2017, a federal judge ordered the county to put a stop to the filter system’s use.

“While judges are given judicial discretion to interpret laws, they are not allowed to make up their own laws,” Campbell said in a press conference on Monday.

State Rep. Vincent Dixie said at the press conference: “This is a slap in the face to us as legislators, because she made a policy into a law. And if you can do that, if anybody can do that, then why are we even in office?”

State Sen. Brenda Gilmore, former chair of Tennessee’s Black Caucus, highlighted the racial disparities among incarcerated children in Rutherford County during the press conference. Reporting from Nashville Public Radio and ProPublica found that Black children are not only jailed at a disproportionately high rate, but that the disparity is getting worse.

Several Democratic lawmakers, including Gilmore, said they’re concerned that the issues in the county are systemic.

“The people who are in charge have failed the children, and they’re still in charge,” Gilmore said.

Johnson said Davenport exercised an “appalling abuse of power.” She added, “How can we keep a judge in place who sees herself as carrying out God’s mission, rather than carrying out the laws of this state?”

The attempted ouster is considered an extreme measure.

Under Tennessee’s constitution, a judge can be removed only upon a two-thirds vote of both legislative chambers. A state report and news clips turn up only two instances of that happening in the last half century — once for a judge convicted of sexual assault, and once for a judge convicted of perjury and obstructing justice.

Campbell said if the resolution passes, a joint legislative committee would be formed with the power to subpoena witnesses. It would file a report to the state House and Senate, which would then vote separately on whether to remove the judge.

Voters selected Davenport as Rutherford County’s juvenile court judge after the county established it as an elected position in 2000; she has been the only person to hold the job thus far. In her last reelection bid, in 2014, she ran as a Republican.

Multiple Democratic lawmakers said Davenport’s removal isn’t a partisan issue. Campbell pointed to how Tennessee’s Republican governor has called for a review of Davenport. Eleven members of Congress, all Democrats, have also asked the U.S. Department of Justice to open a civil rights investigation of the county’s juvenile justice system.

In Tennessee, a similar measure to remove a judge was introduced last year by a Republican representative. The judge had ordered increased access to absentee ballots during the August primary elections. The effort to oust her failed, but the judge has since announced she will not seek reelection.

Nashville Public Radio reached out to Davenport for comment about the legislative proposal to remove her but did not receive a response. She has previously declined to respond to questions from the news organizations.

by Alexis Marshall and Meribah Knight, Nashville Public Radio, and Ken Armstrong, ProPublica

How a Powerful Company Convinced Georgia to Let It Bury Toxic Waste in Groundwater

2 years 11 months ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

For the past several years, Georgia Power has gone to great lengths to skirt the federal rule requiring coal-fired power plants to safely dispose of massive amounts of toxic waste they produced.

But previously unreported documents obtained by ProPublica show that the company’s efforts were more extensive than publicly known. Thousands of pages of internal government correspondence and corporate filings show how Georgia Power made an elaborate argument as to why it should be allowed to store waste produced before 2020 in a way that wouldn’t fully protect surrounding communities’ water supplies from contamination — and that would save the company potentially billions of dollars in cleanup costs.

In a series of closed-door meetings with state environmental regulators, the powerful utility even went so far as to challenge the definition of the word “infiltration” in relation to how groundwater can seep into disposal sites holding underground coal ash, according to documents obtained through multiple open records requests.

Earlier this month, Georgia Power was on its way to getting final approval from the state to leave 48 million tons of coal ash buried in unlined ponds — despite evidence that contaminants were leaking out. Georgia is one of three states that regulate how power companies safely dispose of decades worth of coal ash, rather than leaving such oversight to the U.S. Environmental Protection Agency itself.

But last week, the EPA made clear that arguments like the ones Georgia Power has been making violate the intent of the coal ash rule, setting up a potential showdown among the federal agency, state regulators and the deep-pocketed power company. In a statement last week, the EPA said that waste disposal sites “cannot be closed with coal ash in contact with groundwater,” in order to ensure that “communities near these facilities have access to safe water for drinking and recreation.”

The EPA’s action follows a joint investigation by Georgia Health News and ProPublica that found Georgia Power has known for decades that the way it disposed of coal ash could be dangerous to neighboring communities.

“The coal ash rule was clear from the beginning, but industry had tried to inject uncertainty into plain language,” said Lisa Evans, an attorney who specializes in hazardous waste law for the environmental advocacy nonprofit Earthjustice. “The EPA has made it crystal clear what the plain language of the coal ash rule means.”

Georgia’s environmental regulators said it’s too soon to determine exactly how the EPA’s actions will play out in the state. In a letter dated Jan. 11, the EPA asked the Georgia Environmental Protection Division to review whether coal ash permits it has issued to Georgia Power are “consistent” with the federal agency’s guidance. Georgia Environmental Protection Division spokesperson Kevin Chambers, who declined to answer questions about Georgia Power’s lobbying or make any regulators available for an interview, said that the state agency is “awaiting further clarification” from the EPA on how the announcement will impact future permits for Georgia Power’s ash ponds. The agencies are scheduled to meet about the issue later this month.

John Kraft, a spokesperson for Georgia Power, said in a statement that the company intends to “comply with environmental regulations.” The utility has repeatedly denied that its coal ash ponds have contaminated residents’ drinking water or caused health problems in communities near its plants. He declined to answer ProPublica’s questions about the company’s lobbying efforts.

“We are evaluating EPA’s position,” Kraft said. “We will continue to work with them, as well as Georgia EPD, to safely close our ash ponds.”

Gloria Hammond at her home in Juliette, near Plant Scherer’s coal ash pond. (Rita Harper, special to ProPublica)

For those living near coal ash ponds, the EPA’s decision couldn’t come soon enough. Gloria Hammond, a longtime resident of the tiny rural town of Juliette, Georgia, relied for decades on a private drinking well to pump water to her home from an underground aquifer. But two years ago, a sample of her well water taken by an environmental advocacy group revealed unsafe levels of contaminants often found in coal ash. Now, Hammond drives 10 minutes to a Baptist church to access a supply of clean drinking water.

She and others suspect those contaminants leaked into Juliette’s groundwater from a nearby disposal site at Plant Scherer, the largest coal-fired plant in the Western Hemisphere. The disposal site, less than a mile from Hammond’s house, holds nearly 16 million tons worth of coal ash in an unlined pond.

“They need to get the coal ash out of the drinking water,” Hammond said.

In early 2019, Chuck Mueller, GEPD’s top waste official, was grappling with a pivotal question that would impact thousands of Georgians for decades to come: How much of Georgia Power’s coal ash could legally remain buried in a pond without a protective liner? The utility had proposed disposing of 48 million tons — roughly half of its existing coal ash — that way. Mueller asked employees of his branch to figure out the answer.

After draining water from the ponds where ash is stored, Georgia Power is required to move the resulting dry ash into a landfill with a liner designed to prevent groundwater contamination — unless it can meet a set of requirements to leave the waste buried in an unlined disposal site.

The federal rule, which was enacted in 2015, allows utilities to bury the waste in an unlined ash pond only if they “control, minimize, or eliminate” water from coming into contact with the buried waste “to the maximum extent feasible.” Stan Meiburg, a former EPA acting deputy administrator, says the rule is important because allowing water to mix with coal ash can lead to toxic heavy metals found in the waste migrating beyond the disposal site.

State regulators tasked with answering Mueller’s question read through dense Georgia Power filings and concluded that ash ponds at Plant Scherer, along with those at four other sites — Plants Hammond, McDonough, Wansley and Yates — contained waste that is submerged in groundwater, which some experts and regulators believe violates the federal coal ash rule.

Those findings were sent to one of Mueller’s top aides, William Cook, who oversees the state’s solid waste management program. Cook regularly met in private with Georgia Power representatives to get progress reports on the closure of the company’s ash ponds. That spring, Georgia Power representatives argued that state regulators could narrowly interpret the definition of a single word — “infiltration” — in the federal coal ash rule. The company believed this interpretation would allow millions of tons of waste to be left submerged in groundwater.

Georgia Power hoped to store coal ash in a way that only prevented water — such as rain falling from the sky — from seeping through a cover over the dry ash. They hoped regulators would disregard the presence of any groundwater that would soak the dry ash and potentially carry its heavy metals toward drinking wells.

Georgia Power representatives “believe that EPA would have written it in” if they wanted specific kinds of infiltration removed, Cook scribbled in his legal pad.

When Georgia Power representatives referenced an EPA document key to their understanding of “infiltration,” Cook asked his colleagues to review the document — which is 1,237 pages. They struggled to reconcile the case Georgia Power was making with the text of the regulation itself. John Sayer, head of environmental monitoring for the solid waste program, emailed his wife, an issues manager at the Centers for Disease Control and Prevention, for advice on the meaning of the word “infiltration,” which he wrote had caused “contention” in this context.

Eventually, Sayer emailed a colleague that he’d found a federal report that noted “groundwater would qualify as infiltration.” But Georgia Power kept pressing GEPD officials to narrow its definition of infiltration to only include rainwater falling from the sky. After months of research by Sayer and other state employees, Mueller was left to make the decision.

Later that summer, Chris Bowers, a senior attorney with the Southern Environmental Law Center, sent Mueller a report that highlighted the flaws in Georgia Power’s plans. As part of the SELC report, a veteran hydrogeologist named Mark Hutson analyzed the plans for ash ponds at the five plants where waste was below the water table. Huston concluded those plans “will not control, minimize, or eliminate” water from coming into contact with the dry ash.

At a subsequent meeting with GEPD, Bowers shared another state’s approach to the meaning of infiltration. Duke Energy Indiana had asked state regulators to let the company bury coal ash in an unlined pond in the southwest part of that state. When state regulators realized Duke Energy Indiana had not described how it would comply with federal guidelines to prevent groundwater from wetting the dry waste, regulators told the company they would only approve the plan if the company could stop infiltration “from any direction.” (Duke Energy Indiana later responded that removing the ash could cause a “very high safety risk” at the site. State regulators ultimately allowed some coal ash to remain buried there, so long as the company took steps to minimize groundwater from soaking the waste.)

Environmental regulators in other states such as North Carolina have forced utilities to scrap plans that didn’t comply with this portion of the coal ash rule. But Georgia Power, as well another power company in Ohio, pushed ahead with their controversial plans. The financial stakes were high. At Plant Scherer alone, installing a liner could cost $1 billion, according to one state official.

“Georgia Power wanted to rewrite the rule to say there’s a limitation it doesn’t have,” said Frank Holleman, a senior attorney with SELC. “It’s a preposterous proposal.”

One of Bowers’ clients, an environmental group called the Altamaha Riverkeeper, was grappling with this very issue in Juliette. The group soon discovered that water in the wells of Hammond and dozens of other Juliette residents contained concerning levels of contaminants found in coal ash. The group was worried that groundwater might be moving from the coal ash pond toward residents’ wells.

Fletcher Sams of the Altamaha Riverkeeper samples water near Plant Scherer for contaminant testing. (Max Blau/ProPublica)

After the test results were publicized, Fletcher Sams, head of the Altamaha Riverkeeper, attended a closed-door meeting in February 2020 with several Juliette residents, local officials, state lawmakers and Georgia Power lobbyists. (ProPublica and Georgia Health News described parts of the meeting in a story last year.) The environmental advocate told attendees that his samples had revealed concerning levels of boron, calcium and sulfate — all indicators of coal ash. There was also evidence of a contaminant researchers had linked to cancer, hexavalent chromium, which had previously been discovered in some California drinking wells by environmental advocate Erin Brockovich. Georgia Power has acknowledged the presence of boron, calcium and sulfate but said that the hexavalent chromium is “naturally occurring.”

Sams, along with the Juliette residents, hoped Georgia Power would excavate Plant Scherer’s coal ash and put it in a lined landfill. But Aaron Mitchell, one of the utility’s top environmental lobbyists, insisted the company’s plan complied with environmental standards. However, after being peppered with questions by Sams, Mitchell acknowledged that the coal ash would still be submerged in groundwater if its plan to bury the waste was approved by state regulators.

Hearing that, Sams turned to the lone state regulator in the room, Chuck Mueller. He asked Mueller if Georgia Power’s plans to let water come into contact with dry ash met the state’s environmental standards.

“It’s allowed by the rules,” Mueller replied.

Shortly after Joe Biden was elected president, he chose a new EPA administrator with deep knowledge about the perils of coal ash. Michael Regan was the head of the environmental agency in North Carolina, a state that had seen one of the nation’s worst coal ash disasters in 2014, when a ruptured pipe sent 39,000 tons of coal ash pouring into the Dan River. Six years later, Regan convinced the state’s largest utility to excavate coal ash from its unlined ponds, which was done in order to protect residents from possible groundwater contamination.

Following Regan’s confirmation, environmental advocates urged federal officials to address the language in the coal ash rule that Georgia Power had tried to exploit. GEPD pushed ahead with the narrower definition of infiltration.

In June 2021, three months after Georgia Health News and ProPublica’s investigation into Georgia Power’s coal ash handling practices in Juliette, EPA officials met with GEPD to discuss the issue of infiltration. According to records obtained by ProPublica, state regulators said that Georgia Power could leave waste below the water table because the company had placed monitoring wells around the edge of those ash ponds to detect if heavy metals were migrating toward nearby residents’ homes.

The following month, GEPD began the process of issuing permits for unlined ponds where ash would remain submerged in groundwater. State regulators issued a draft permit for the first of these sites, one of Plant Hammond’s ash ponds, a step that then allowed the public to comment on the closure plan. Chambers, the GEPD spokesperson, said that the agency used “the commonly accepted meaning of ‘infiltration’” — and determined that Georgia Power’s proposal was “allowable under the rule.”

Last week, the EPA rejected the premise that groundwater legally could remain in contact with the dry ash — a statement that will likely impact Georgia Power’s closure plans at Scherer and four other plant sites. In its letter to GEPD, the EPA urged the state regulators to review the reasons why the federal agency intended to deny a plan to bury waste at southeast Ohio’s General James M. Gavin Power Plant, one of the largest power stations in the country. In that proposed decision, the EPA noted that the plant operators had failed to demonstrate how their closure plan would prevent infiltration.

The EPA’s filing notes that “infiltration” explicitly means “any liquid passing into or through” the coal ash pond “from any direction, including the top, sides, and bottom of the unit.” To Sams, the EPA’s announcement means that Georgia Power and GEPD cannot move forward with an “incorrect interpretation” of the country’s coal ash regulation. The EPA “restated in bold-crayon-block letters what we’ve been saying: You can’t store this waste full of toxic metals in groundwater,” Sams said.

Meiburg, the former EPA deputy administrator, said utilities could still challenge the agency’s clarification on the concept of infiltration because it did not go through the full rule-making process. But if GEPD ultimately approves permits that are less protective than what the federal regulation requires, the EPA has the power to strip Georgia of its ability to issue permits, according to Evans, the Earthjustice attorney.

Gloria Hammond, for her part, sees the EPA’s announcement as an important first step toward someday restoring the quality of Juliette’s groundwater. In the coming months, GEPD is expected to make a decision about Georgia Power’s permit at Plant Scherer. After feeling long ignored by environmental regulators, she hopes that GEPD requires Georgia Power to remove the ash from Juliette’s aquifer for good.

“I’m praying Georgia will take that into consideration,” Hammond said. “I hope they follow the EPA.”

by Max Blau

They Promised Quick and Easy PPP Loans. Often, They Only Delivered Hassle and Heartache.

2 years 11 months ago

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In May 2021, Terry Kilcrease thought he saw a lifeline. He was out of work, living in a hotel in Lewisville, Texas, when he ran across a promising ad on Facebook. People who worked for themselves, it said, could still get loans from the government’s then-13-month-old pandemic Paycheck Protection Program.

Kilcrease had just started selling credit card processing systems to small businesses in early 2020 before the pandemic killed much of the need for cash registers. He hadn’t thought he was eligible for the $800 billion program. But the ad, posted by a company called Blueacorn, convinced him it was worth a try.

“We’ve created a 60-second quiz that can tell you if you qualify and how much you can get,” one ad promised. So Kilcrease registered on the Blueacorn site and answered a few basic questions about his business.

“With a few clicks of a mouse, I had applied,” Kilcrease said. It was so quick, he doesn’t recall many details. Blueacorn checked for all required documents before passing along Kilcrease’s approved application to a lender, Prestamos.

Soon after, Kilcrease received loan documents from the Small Business Administration saying he'd been approved for a $4,790 forgivable loan, which he signed electronically and returned. The money would arrive in his bank account within ten business days, Blueacorn estimated.

Kilcrease was relieved.

“It was everything I needed to get going,” he said. “Just that little bitty bit.”

But the money never made it to Kilcrease. And it never appeared for hundreds of thousands of other applicants, either.

ProPublica has been tracking PPP loans since the government first posted millions of them in July 2020. We kept updating our interactive database as the SBA disclosed more loan information. When the last round of the PPP closed, in May 2021, we noticed something strange: The number of loans the government said it had made kept shrinking with every new release.

By the time the SBA posted its latest update in late November, about 575,000 loans had disappeared, subtracted from an original total of 11.8 million. Most of them came through non-bank online lenders or banks that worked with web platforms such as Blueacorn, which solicited and processed huge volumes of applications for small-dollar loans in the final months of the program.

When we checked with the SBA, they told us the total number of cancelled loans actually topped 1 million. A sizeable number of those were likely applied for by people who were attempting to defraud the program and didn’t make it through additional screening — it’s unclear how many, since the lenders we talked to declined to specify.

But plenty of would-be borrowers were acting in good faith. Scores of them wrote in to our tip lines, perplexed that they had been listed as loan recipients, since they had applied but never received any money.

Their situations sounded a lot like Kilcrease’s: a quick approval in spring 2021, followed by some kind of snafu, and then a monthslong runaround from companies like Blueacorn, eventually resulting in no money after the lender the companies worked with withdrew its initial approval.

The phenomenon prompted the law firm Bailey Glasser to file a pair of lawsuits late last year against Prestamos and another Blueacorn client called Capital Plus Financial on behalf of people who had similar experiences. Prestamos has denied wrongdoing, and Capital Plus Financial declined to comment on pending litigation except to say that the plaintiff was ineligible for a loan.

This game of pingpong was maddening for prospective borrowers who had been told money was on the way, whether they were eligible for the program or not. It was also a hassle for lenders, who never got paid for hundreds of thousands of loans they sent to the SBA (though they reaped billions for those that did get funded). And it likely could have been prevented if the SBA had required more screening on the front end, before approving loans in the first place.

SBA spokesperson Christalyn Solomon said that the agency delegated that responsibility to lenders, which acted as “agents of the government to approve and disburse loans.” The SBA then assigned each loan a number, which confirmed that the government would guarantee it.

“Loans were removed for the FOIA Public Data Set because they were canceled by the lender,” Solomon wrote in an email. Several hundred thousand loans were also approved and then canceled before the SBA started publishing data on loans worth less than $150,000 in December 2020.

Blueacorn said it worked hard to reach as many self-employed people as possible, but wasn’t able to quickly obtain some information that would have been helpful in filtering out ineligible applicants. Prestamos, the lender to which Blueacorn submitted Kilcrease’s application, declined to comment on individual borrowers, citing confidentiality guidelines. But Prestamos said that a majority of its approximately 50,000 canceled loans resulted from borrowers not signing their loan documents.

Kilcrease’s bank rejected his PPP loan deposit in early June, yet Blueacorn continued to assure him the money was coming. “Don’t worry, your funds are secure and you will be funded soon,” a Blueacorn support worker wrote in a July message. “Both management and engineering are working on a solution as we speak.”

Kilcrease’s correspondence with Blueacorn after his bank rejected his PPP deposit. (Courtesy of Terry Kilcrease)

For weeks, not much happened. In August, Kilcrease got through to someone at Prestamos, the lender Blueacorn was working for. She asked for his 2020 tax return, which documented $5,600 in gross income. Then, e-mails show, she told Kilcrease he had provided conflicting numbers to Blueacorn and to the IRS, and his application would be formally denied.

Kilcrease said that he might have been confused about what information Blueacorn was initially asking for when he clicked a few buttons to apply back in May. But then why would they have approved him in the first place, and put him through months of hope, frustration and disappointment?

“They saw a whole lot of profit in people like me, sole proprietors,” said Kilcrease, citing the fee that lenders received for successfully funding small PPP loans. “They were given a hope, and it was just dashed, with no remorse and no recourse for anybody.”

The first round of the PPP, which kicked off in April 2020, mostly went to the largest small businesses. Clogged by applications from companies big enough to have bankers and accountants, the $349 billion fund was exhausted within weeks.

Realizing the need among actual mom-and-pops, Congress authorized another $320 billion in June 2020. That round reached millions more main-street-type companies: coffee shops, hair salons, restaurants, real estate agents.

By winter, the coronavirus recession was still hammering people who’d missed out on earlier rounds. Congress authorized the lending of unused funds and added more, while the incoming Biden administration tailored the rules to help sole proprietorships and independent contractors.

That’s when financial technology companies — user-friendly websites with automated application platforms that often partner with lenders to supply loans — saw a big opportunity.

In the earlier stages of the PPP, banks mostly served existing customers that already had documents on file, making it easy to process their government-backed loans. But as Congress pushed to include businesses on the fringes of the financial system, lenders had to deal with huge numbers of applicants they’d never assessed before.

They often outsourced that task to websites — we’ll call them loan processors — that marketed PPP loans to the self-employed and other small businesses and performed the basic checks required by the SBA. The SBA paid a fee for each funded loan to the lender, which in turn gave a cut to the processor for finding and vetting a borrower.

December’s stimulus package boosted fees up to $2,500 or 50% of small loans, whichever was less. Loan processors, which utilized aggressive social media outreach to people who had had any kind of self-employment income before Feb. 15, 2020, churned through millions of loan applications quickly.

In an effort to keep barriers to entry low, the SBA required very little verification on the front end. Once an application was approved and assigned an SBA loan number, borrowers were forbidden from applying elsewhere. So loan processors had every reason to lock them in quickly, with few anti-fraud measures, said independent fintech analyst Jason Mikula — even if it meant dealing with verification questions later on.

“At the end of the day, if they end up rejecting someone for being suspicious, they’re actually losing money,” said Mikula, noting that building automated fraud models takes time and money, even under normal circumstances. “There were no incentives in place to encourage these companies to be particularly careful about how they went about funding these things.”

An arms race followed. Fintechs competed for the self-employed, advertising their easy routes to quick, forgivable cash; some said they employed rigorous verification tools following SBA approval. But Blueacorn was the one that got really lucky.

By May 2021, the Biden administration had changed the rules again to prioritize loans made by community development financial institutions, which have access to special funding from the Treasury Department to support underserved populations. Blueacorn, which launched in Phoenix in 2020, happened to partner with two of them: Prestamos CDFI, an arm of the nonprofit service group Chicanos Por La Causa, and Capital Plus Financial, the CDFI subsidiary of a larger holding company called Crossroads Systems.

Those relationships allowed Blueacorn to keep lending through the end of the PPP on May 31, while other lenders were locked out.

By the end, the two CDFIs appeared to have processed more than $15 billion in loans to 955,000 small businesses, nearly all with Blueacorn. Blueacorn declined to detail its fee split arrangement with banks and other vendors. But Crossroads Systems said in an earnings report that it had made approximately $930 million on the program, $606 million of which went to its loan processors. (Crossroads also paid out a $40 per share special dividend as a result of what it called the “windfall” fee income, while keeping $120 million to reinvest in lower-income communities.)

Fintechs have positioned themselves as champions of the little guy, reaching truck drivers and dog walkers, especially people of color, who’d been overlooked by the big banks.

The companies’ promises to get money to thousands of independent workers from underserved communities is broadly true — but also somewhat overblown.

In May, June, and July, about 285,000 loans disappeared from the SBA’s loan database. The companies that originally processed the loans told ProPublica there were a number of reasons why so many ended up canceled after having been approved by the SBA. Some appear to have been held up by borrower errors and second thoughts, but many cancellations were the result of the SBA’s loose requirements for pre-approval screening.

One of the largest sources of canceled loans was Biz2Credit, an online lender founded in 2007, which withdrew about 115,000 loans after approving an original total of more than 300,000. A representative of the company, crisis communications consultant Michael Sitrick, said that the company employed “detailed underwriting protocols” after submitting the loans to the SBA. Canceled loans, he said, resulted from a combination of applications determined to be fraudulent after further checks, people who didn’t respond to additional requests for documentation and people who voluntarily withdrew their applications.

“Lenders were required to stop fraud whenever they found it,” Sitrick wrote in an email. “Given the sophistication of widely available document forgeries and other enterprise fraud, it was virtually impossible to detect fraud only by reviewing select documents prior to submission to the SBA.”

The pile of canceled loans also included about 30,000 made by an entity newly created by the lender Fountainhead, which prior to the pandemic had specialized in SBA-backed loans. Still, they had thousands of borrowers who didn’t sign their loan documents and inexplicable cancellations by the SBA itself after the agency had approved loans and banks had paid out the money.

“On occasion it would say ‘duplicate tax ID discovered,’” said Fountainhead’s chief operating officer, Michael Bland, referring to the SBA. “OK, well, what was your screening on the front end for? You went through your process and approved it, we closed it, I don’t know why that might be an issue now.”

Last month, Blueacorn lending partner Crossroads Systems agreed to purchase Fountainhead for an undisclosed amount.

When the SBA posted its most recent database update the day before Thanksgiving, it had dropped another 294,000 loans. About 140,000 of them belonged to the two CDFIs that had primarily worked with Blueacorn, Prestamos and Capital Plus, which accelerated their business in the three weeks after the program closed to regular lenders. In May alone, they approved at least 458,300 loans.

At the peak of the program, Blueacorn said, it had 300 people in the Phoenix area reviewing a deluge of loan applications. A quick scan of each one would usually lead to a quick signoff by the SBA.

But sometimes, between approval and funding, Blueacorn would find flags of fraudulent activity like an improbable concentration of applicants with very similar paperwork in a small geographic area — hairdressers making more than $100,000 a year on the south side of Chicago, for example. The processor would ask those borrowers for more documentation, and if they failed to provide it, cancel the loans.

Blueacorn said that thousands of loans it had approved and attempted to fund, meanwhile, were rejected by banks where applicants had savings accounts. Some of the banks had run their own know-your-customer checks on the accounts and sent them back to the processor for additional verification. Others cut off fintech processors entirely if they seemed to be vectors for fraud, causing problems for those who were genuine.

“Towards the end of the program, the willingness of recipient banks to work with PPP lenders got worse by the minute,” said Barry Calhoun, Blueacorn’s CEO.

Eric Kinney is the senior vice president for risk at Oxygen, a banking platform for small businesses. He said he saw so many people attempting to move PPP money into offshore accounts or into cryptocurrency assets that he blocked loan proceeds from “four main PPP lenders.”

“There are a couple lenders who we’ve said no to, we’re not going to accept any more payments,” Kinney said, declining to name the companies. “A referral channel that has a high fraud rate on it, it’s our job as a company to monitor that and block certain situations.”

Loan processors would try to work with borrowers and their banks to provide the requested information. If that didn’t succeed, they had the option of putting the money on a debit card, but that required even more documentation from borrowers, resulting in an outpouring of angry posts on internet message boards like Trustpilot, the Better Business Bureau, Reddit and Facebook.

Now, borrowers who were approved but never received their money are plaintiffs in two lawsuits filed against Prestamos CDFI and Capital Plus Financial last October and December, saying that the failure to fund the loans constitutes a breach of contract. In a motion to dismiss, Prestamos said that the loan document created no obligation to actually fund the loan, and a spokesperson declined to comment further on the case. Capital Plus Financial hasn’t yet filed any responses, but told ProPublica that the sole named plaintiff had provided an “illegible” tax return that wasn’t signed, which is why the company decided to revoke his loan.

Blueacorn’s Calhoun said much of the hassle could have been avoided from the beginning had the SBA allowed lenders to access more documents that would ensure the borrower was legitimate. Creating a quick way for certified, regulated loan processors to pull an applicant’s tax records, for example, would have provided a hard check on who was eligible.

“A few adjustments would’ve gotten rid of a lot of the lazy fraud,” said Calhoun. “Because there was so much ambiguity, it encouraged a lot of people.”

This happened more smoothly in other countries where companies file federal taxes quarterly or even monthly, allowing the government to know their exact income without the need for lenders to request documentation that was sometimes difficult to verify. Instead, the SBA allowed applicants to file draft tax returns, which can easily be manipulated.

The whole experience left Terry Kilcrease feeling cynical.

“The big companies made out like fat cats, the lenders made out like fat cats, all these companies that already had plenty of money,” Kilcrease said. “The people like me who are struggling to get there were just completely forgotten about.”

Did Your Company Get Bailout Money? Are the Employees Benefiting From It?

Correction

Jan. 14, 2022: Correction: This story originally misstated the name of a lender that was responsible for 30,000 canceled loans. It was Fountainhead SBF, not Fountainhead Commercial Capital, which is a sister firm.

by Lydia DePillis and Derek Willis