AI represents a mixed blessing for the legal field, U.S. Supreme Court Chief Justice John Roberts said in a year-end report published on Sunday, urging "caution and humility" as the evolving technology transforms how judges and lawyers go about their work. From a report: Roberts struck an ambivalent tone in his 13-page report. He said AI had potential to increase access to justice for indigent litigants, revolutionize legal research and assist courts in resolving cases more quickly and cheaply while also pointing to privacy concerns and the current technology's inability to replicate human discretion.

"I predict that human judges will be around for a while," Roberts wrote. "But with equal confidence I predict that judicial work - particularly at the trial level - will be significantly affected by AI." The chief justice's commentary is his most significant discussion to date of the influence of AI on the law, and coincides with a number of lower courts contending with how best to adapt to a new technology capable of passing the bar exam but also prone to generating fictitious content, known as "hallucinations." Roberts emphasized that "any use of AI requires caution and humility." He mentioned an instance where AI hallucinations had led lawyers to cite non-existent cases in court papers, which the chief justice said is "always a bad idea." Roberts did not elaborate beyond saying the phenomenon "made headlines this year."

Hope Thelps writes: A number of films including the earliest ones featuring Mickey and Minnie Mouse finally enterd the public domain today. The BBC reports:

Steamboat Willie, a 1928 short film featuring early non-speaking versions of Mickey and Minnie, is widely seen as the moment that transformed Disney's fortunes and made cinema history.

Their images are now available to the public in the US, after Disney's copyright expired.

It means creatives like cartoonists can now rework and use the earliest versions of Mickey and Minnie.

In fact, anyone can use those versions without permission or cost.

But Disney warned that more modern versions of Mickey are still covered by copyright.

'We will, of course, continue to protect our rights in the more modern versions of Mickey Mouse and other works that remain subject to copyright,' the company said.

US copyright law says the rights to characters can be held for 95 years, which means the characters in Steamboat Willie entered the public domain on Monday, 1 January 2024.

Those works can now legally be shared, performed, reused, repurposed or sampled.

The early versions of Mickey and Minnie are just two of the works entering the public domain in the US on New Year's Day.

Other famous films, books, music and characters from 1928 are now also available to the American public.

They include Charlie Chaplin's silent romantic comedy The Circus; English author AA Milne's book The House at Pooh Corner, which introduced the character Tigger; Virginia Woolf's Orlando; and DH Lawrence's Lady Chatterley's Lover.

One of the country's most influential courts has asked the nation's top securities regulator for its views on an uncomfortable subject: whether audit reports by outside accounting firms actually matter. From a report: The court already ruled that, at least in one case, they didn't. That case, where an insurer overstated profits and an auditor signed off on its books, led to an investor lawsuit against the auditor that was dismissed. In its ruling, the court said the audit report was so general an investor wouldn't have relied on it. The decision could have broad ramifications for the Securities and Exchange Commission, which oversees corporate financial disclosures, and for the auditing industry, which charged about $17 billion last year for blessing the books of publicly listed companies in the U.S.

The ruling, by a three-judge panel of the Second U.S. Circuit Court of Appeals, prompted three former SEC officials to tell the court it got the answer wrong. They asked the court to reconsider its decision, noting that the SEC in a previous enforcement case had said that "few matters could be more important to investors" than whether a company's financial statements had been subjected to a properly conducted annual audit. The court responded by inviting the SEC to file a brief expressing its views on the former officials' arguments. The SEC in a court filing said that "the commission has an interest in ensuring its views on this issue are considered by the court." Its brief is due Feb. 16. The court ruling involved a lawsuit by investors over an audit gone wrong. AmTrust Financial Services, an insurance company, had overstated its profit, and BDO USA, its outside accounting firm, had blessed the numbers.

"This year has been a major turning point in American health care," reports USA Today, "and patients can anticipate several major developments in the new year," including the beginning of a CRISPR "revolution" and "a new reckoning with drug prices that could change the landscape of the U.S. health care system for decades to come." Health care officials expect 2024 to bring a wave of innovation and change in medicine, treatment and public health... Many think 2024 could be the year more people have the tools to follow through on New Year's resolutions about weight loss. If they can afford them and manage to stick with them, people can turn to a new generation of remarkably effective weight-loss drugs, also called GLP-1s, which offer the potential for substantial weight loss...

In 2023, mental health issues became among the nation's most deadly, costly and pervasive health crises... The dearth of remedies has also paved the way for an unsuspecting class of drugs: psychedelics. MDMA, a party drug commonly known as "ecstasy," could win approval for legal distribution in 2024, as a treatment for post-traumatic stress disorder. Another psychedelic, a ketamine derivative eskatemine, sold as Spravato, was approved in 2019 to treat depression, but it is being treated like a conventional therapy that must be dosed regularly, not like a psychedelic that provides a long-lasting learning experience, said Matthew Johnson, an expert in psychedelics at Johns Hopkins University. MDMA (midomafetamine capsules) would be different, as the first true psychedelic to win FDA approval.

In a late-stage trial of patients with moderate or severe post-traumatic stress disorder, close to 90% showed clinically significant improvements four months after three treatments with MDMA and more than 70% no longer met the criteria for having the disorder, which represented "really impressive results," according to Matthew Johnson, an expert in psychedelics at Johns Hopkins University in Maryland. Psilocybin, known colloquially as "magic mushrooms," is also working its way through the federal approval process, but it likely won't come up before officials for another year, Johnson said. Psychedelics are something to keep an eye on in the future, as they're being used to treat an array of mental health issues: eskatimine for depression, MDMA for PTSD and psilocybin for addiction. Johnson said his research suggests that psychedelics will probably have a generalizable benefit across many mental health challenges in the years to come.
2024 will also be the first year America's drug-makers face new limits on how much they can increase prices for drugs covered by the federal health insurance program Medicare.

"For several years, thousands more high-earning, well-educated workers have left California than have moved in," reports the Los Angeles Times: Even though California has experienced lopsided out-migration for decades, the financial blow has been cushioned by the kinds of people moving into the state: The newcomers were generally better educated and earned more money than those who left. Not now: That long-standing trend has reversed...

The reversal, largely in response to the state's high taxes and soaring cost of living, has begun to damage California's overall economy. And, by cutting into tax revenues, has delivered punishing blows to state and local governments. State budget analysts recently projected a record $68 billion deficit in the next fiscal year because of a 25% drop in personal income tax collection in 2023. Some city, county and other local taxing authorities, particularly in the San Francisco Bay Area, have also recorded revenue declines. With investors and high-income taxpayers receiving substantial compensation in the form of stocks, last year's sluggish stock market accounted for a major share of the decline in state income tax revenues. So did layoffs and financial weakness in the tech sector. But rising unemployment in the state and the growing flight of professionals, business operators and others making good salaries were also notable contributors. And those factors will be harder to reverse, at least in the foreseeable future.

"There's a price to pay for the movement of middle- and upper-income people and corporations," said Joel Kotkin, a fellow at Chapman University who has researched the flight from California and the resulting threat to the state's fiscal outlook. "People who are leaving are taking their tax dollars with them."

The accelerating exodus from California in recent years, of both companies and people, has been well documented. The pandemic-induced rise in remote work, inflated housing prices and changing social conditions have spurred more Californians to pull up stakes... Moody's Analytics economist Mark Zandi analyzed moves in and out of California for The Times using Equifax credit data, to zero in on the age of the movers. He found that since the pandemic in early 2020, California has lost residents in every age group, but by a significant margin the biggest net out-migration came from those 35 to 44 years old. "This is probably motivated by the severe housing affordability crisis in California," Zandi said. "It's all but impossible for them to become homeowners in the state."

Eric McGhee, a senior fellow at the Public Policy Institute of California, who has written about demographic trends in migration, thinks the increased loss of higher-educated Californians to other states in recent years can be traced in significant part to the rise of remote work since the pandemic. As more employers call workers back to the office, and the share of fully remote work appears to have settled at around 10% of all employees, McGhee expects the net out-migration from California to slow...

Even if the outflow of residents reverts to pre-pandemic levels, the broader economic climate doesn't bode well for the state's budget and economic outlook, at least in the immediate future. The U.S. economy is slowing, and California's economy is decelerating faster than the nation's, with the state's unemployment rate, most recently at 4.8%, already a full point higher than nationwide.
The article clarifies that "it's not just the sheer numbers of people who have left. What's different is that in each of the prior two years, more than 250,000 Californians with at least a bachelor's degree moved out, while an average of 175,000 college graduates from other states settled in California, according to an analysis of census data by William Frey, a demographer at the Brookings Institution. In prior periods over the last two decades, that balance was about even or slightly in California's favor."

And besides billionaires, "There's been a broader exodus of ordinary Californians in the upper-income spectrum as well. In the tax filing years 2020 and 2021, the average gross income of taxpayers who had moved from California to another state was about $137,000. That was up from $75,000 in 2015 and 2016, according to migration and personal income data from the Internal Revenue Service."

It was a half a century ago that America passed legislation to protect vanishing species and their habitats — and since then, more than five dozen species have recovered. Just one example: In 1963 only 417 nesting pairs of bald eagles were found in the lower 48 states. But today there's more than 300,000 bald eagles, writes USA Today. "[T]hough its future remains uncertain, many experts say it remains one of the nation's crowning achievements."

But 1,252 species are still listed as endangered in the U.S. — 486 animals, and 766 plants — with 417 more species categorized as "threatened." The perils of the changing climate add urgency to calls for increased funding and more protection. In North Carolina, for example, the rising sea steadily creeps over a refuge that's home to the sole remaining wild red wolf population. Off New England, warming waters forced changes in the foraging habits of the endangered North Atlantic right whale, putting the massive marine mammals in harm's way more often... One in 5 plant and animal species in the nation remain at risk of extinction, says Susan Holmes, executive director of the Endangered Species Coalition. "Loss of habitat and climate change are absolutely some of the most important threats that we have."

"We are at what I would say is a pivotal moment with the threats of climate change," she said. "We have to act faster than ever in order to ensure that these species are going to thrive."

"Electric cars are already upending America," argues a new article in the Atlantic, citing booming sales and new models that are "finally starting to push us into the post-gas age." Americans are on track to buy a record 1.44 million of them in 2023, according to a forecast by BloombergNEF, about the same number sold from 2016 to 2021 total. "This was the year that EVs went from experiments, or technological demonstrations, and became mature vehicles," Gil Tal, the director of the Electric Vehicle Research Center at UC Davis, told me.... Nearly 40 new EVs have debuted since the start of 2022, and they are far more advanced than their ancestors. For $40,000, the Hyundai Ioniq 6, released this year, can get you 360 miles on a single charge; in 2018, for only a slightly lower cost, a Nissan Leaf couldn't go half that distance....

All of these EVs are genuinely great for the planet, spewing zero carbon from their tailpipes, but that's only a small part of what makes them different. In the EV age, cars are no longer just cars. They are computers... The million-plus new EVs on the road are ushering in a fundamental, maybe existential, change in how to even think about cars — no longer as machines, but as gadgets that plug in and charge like all the others in our life. The wonderful things about computers are coming to cars, and so are the terrible ones: apps that crash. Subscription hell. Cyberattacks... If cars are gadgets now, then carmakers are also now tech companies. An industry that has spent a century perfecting the internal combustion engine must now manufacture lithium-ion batteries and write the code to govern them. Imagine if a dentist had to pivot from filling cavities to performing open-heart surgery, and that's roughly what's going on here.

"The transition to EVs is completely changing everything," Loren McDonald, an EV consultant, told me. "It's changing the people that automotive companies have to hire and their skills. It's changing their suppliers, their factories, how they assemble and build them. And lots of automakers are struggling with that...." Job cuts are already happening, and more may come — even after the massive autoworker strike this year that largely hinged on electrification. Such a big financial investment is needed to electrify the car industry that from July to September, Ford lost $60,000 for every EV it sold. Or peel back one more onion layer to car dealerships: Tesla, Rivian, and other EV companies are selling directly to consumers, cutting them out. EVs also require little service compared with gas vehicles, a reality that has upset many dealers, who could lose their biggest source of profit.

None of this is the future. It is happening right now.

"Remote-work numbers have dwindled over the past few years as employers issue return-to-office mandates," reports USA Today. "But will that continue in 2024?" The numbers started to slide after spring 2020, when more than 60% of days were worked from home, according to data from WFH Research, a scholarly data collection project. By 2023, that number had dropped to about 25% â' much lower than its peak but still a fivefold increase from 5% in 2019. But work-from-home numbers have held steady throughout most of 2023. And according to remote-work experts, they're expected to rebound in the years to come as companies adjust to work-from-home trends. "Return-to-office died in '23," said Nick Bloom, an economics professor at Stanford University and work-from-home expert. "There's a tombstone with 'RTO' on it...."

Though a number of companies issued return-to-work mandates this year, most are allowing employees to work from home at least part of the week. That makes 2024 the year for employers to figure out the hybrid model. "We're never going to go back to a five-days-in-the-office policy," said Stephan Meier, professor of business at Columbia University. "Some employers are going to force people to come back, but I think over the next year, more and more firms will actually figure out how to manage hybrid well." Thirty-eight percent of companies require full-time in-office work, down from 39% one quarter ago and 49% at the start of the year, according to software firm Scoop Technologies...

[Stanford economics professor] Bloom called remote-work numbers in 2023 "pancake-flat." Yes, large companies like Meta and Zoom made headlines by ordering workers back to the office. But, Bloom said, just as many other companies were quietly reducing office attendance to cut costs.
Bloom thinks holograms and VR devices are possible within five years. "In the long run, the thing that really matters is technology."

One paper estimates that currently 37% of America's jobs can be done entirely at home, according to the article, and ZipRecruiter's chief economist seems to agree, predicting as much as 33% America's work days will eventually be completed from home. "I think the numbers will gradually go up as this becomes more of an accepted norm as future generations grow up with it being so widely available, and as the technology for for doing it gets better."

And the article notes that the ZipRecruiter economist sees another factor fueling the trend. "Reluctant leaders aging out of the workforce will help, too, she said."

In 2021, Philips pulled its popular sleep apnea machines and ventilators off the shelves after discovering that an industrial foam built into the devices to reduce noise could release toxic particles and fumes into the masks worn by patients. "But as Philips publicly pledged to send out replacements, supervisors inside the company's headquarters near Pittsburgh were quietly racing to manage a new crisis that threatened the massive recall and posed risks to patients all over again," reports ProPublica. "Tests by independent laboratories retained by Philips had found that a different foam used by the company -- material fitted inside the millions of replacement machines -- was also emitting dangerous chemicals, including formaldehyde, a known carcinogen."

"Though Philips has said the machines are safe, ProPublica and the Pittsburgh Post-Gazette obtained test results and other internal records that reveal for the first time how scientists working for the company grew increasingly alarmed and how infighting broke out as the new threat reached the highest levels of the Pittsburgh operation. The findings also underscore an unchecked pattern of corporate secrecy that began long before Philips decided to use the new foam." From the report: The company had previously failed to disclose complaints about the original foam in its profitable breathing machines, a polyester-based polyurethane material that was found to degrade in heat and humidity. Former patients and others have described hundreds of deaths and thousands of cases of cancer in government reports. After the introduction of the new foam in 2021, this one made of silicone, the company again held back details about the problem from the public even as it sent out replacement machines with the new material to customers around the world.

One of the devices was the DreamStation 2, a newly released continuous positive airway pressure, or CPAP, machine promoted as one of the company's primary replacements. Federal regulators were alerted to the concern more than two years ago but said in a news release at the time that the company was carrying out additional tests on the foam and that patients should keep using their replacements until more details were available. The Food and Drug Administration has not provided new information on the test results since then, and it is still unclear whether the material is safe. That leaves millions of people in the United States alone caught in the middle, including those with sleep apnea, which causes breathing to stop and start through the night and can lead to heart attacks, strokes and sudden death.

The new foam isn't the only problem: An internal investigation at Philips launched in the months after the recall found that water was condensing in the circuitry of the DreamStation 2, creating a new series of safety risks. "Loss of therapy, thermal events, and shock hazards," the investigation concluded. The FDA issued an alert about overheating last month, warning that the devices could produce "fire, smoke, burns, and other signs of overheating" and advising patients to keep the machines away from carpet, fabric and "other flammable materials." Philips has said that customers could continue using the devices if they followed safety instructions. ...

Boeing instructed customer airlines to inspect their 787 Max jets for loose bolts, the Federal Aviation Administration (FAA) announced this week. From a report: The request comes after the manufacturer discovered two aircraft with missing bolts in the rudder control system, raising concerns about faults across all aircraft. "The issue identified on the particular airplane has been remedied," Boeing told CNN in a statement. "Out of an abundance of caution, we are recommending operators inspect their 737 Max airplanes and inform us of any findings." The inspection request entails a two-hour probe of the aircraft's safety-critical parts for each of the approximately 1,300 787 Max jets in service, the FAA said.

U.S. Energy Information Administration, in a press release: A new reactor at Georgia's Vogtle nuclear power plant is now in commercial operation, according to an announcement from Georgia Power, one of the plant's owners. It is the first new nuclear reactor to start up in the United States since the Tennessee Valley Authority's Watts Bar 2 was commissioned in 2016. The new 1,114 megawatt (MW) Unit 3 reactor joins two existing reactors at Plant Vogtle, which is jointly owned by Georgia Power and three other electric utility companies. The plant's first two reactors, with a combined 2,430 MW of nameplate capacity, came online in the late 1980s.

Georgia Power expects another similar-sized fourth reactor, Vogtle Unit 4, to begin operation sometime between November 2023 and March 2024. The two new reactors will make Plant Vogtle the largest nuclear power plant in the country, surpassing the 4,210 MW Palo Verde plant in Arizona. Construction at the two new reactor sites began in 2009. Originally expected to cost $14 billion and begin commercial operation in 2016 (Vogtle 3) and 2017 (Vogtle 4), the project ran into significant construction delays and cost overruns. The total cost of the project is now estimated at more than $30 billion.

An anonymous reader quotes a report from Ars Technica: Just before the holiday break, the US Energy Information Agency released data on the country's electrical generation. Because of delays in reporting, the monthly data runs through October, so it doesn't provide a complete picture of the changes we've seen in 2023. But some of the trends now seem locked in for the year: wind and solar are likely to be in a dead heat with coal, and all carbon-emissions-free sources combined will account for roughly 40 percent of US electricity production. [...]

At this point last year, coal had produced nearly 20 percent of the electricity in the US. This year, it's down to 16.2 percent, and only accounts for 15.5 percent of October's production. Wind and solar combined are presently at 16 percent of year-to-date production, meaning they're likely to be in a dead heat with coal this year and easily surpass it next year. Year-to-date, wind is largely unchanged since 2022, accounting for about 10 percent of total generation, and it's up to over 11 percent in the October data, so that's unlikely to change much by the end of the year. Solar has seen a significant change, going from five to six percent of the total electricity production (this figure includes both utility-scale generation and the EIA's estimate of residential production). And it's largely unchanged in October alone, suggesting that new construction is offsetting some of the seasonal decline.

Hydroelectric production has dropped by about six percent since last year, causing it to slip from 6.1 percent to 5.8 percent of the total production. Depending on the next couple of months, that may allow solar to pass hydro on the list of renewables. Combined, the three major renewables account for about 22 percent of year-to-date electricity generation, up about 0.5 percent since last year. They're up by even more in the October data, placing them well ahead of both nuclear and coal. Nuclear itself is largely unchanged, allowing it to pass coal thanks to the latter's decline. Its output has been boosted by a new, 1.1 Gigawatt reactor that come online this year (a second at the same site, Vogtle in Georgia, is set to start commercial production at any moment). But that's likely to be the end of new nuclear capacity for this decade; the challenge will be keeping existing plants open despite their age and high costs. If we combine nuclear and renewables under the umbrella of carbon-free generation, then that's up by nearly 1 percent since 2022 and is likely to surpass 40 percent for the first time. "The only thing that's keeping carbon-free power from growing faster is natural gas, which is the fastest-growing source of generation at the moment, going from 40 percent of the year-to-date total in 2022 to 43.3 percent this year," notes Ars.

"Outside of natural gas, however, all the trends in US generation are good, especially considering that the rise of renewable production would have seemed like an impossibility a decade ago. Unfortunately, the pace is currently too slow for the US to have a net-zero electric grid by the end of the decade."

Following policy adjustments by the U.S. Citizenship and Immigration Services (USCIS) in January, more foreign-born workers in science, technology, engineering, and math (STEM) fields are able to live and work permanently in the United States. "The jump comes after USCIS in January 2022 tweaked its guidance criteria relating to two visa categories available to STEM workers," reports Science Magazine. "One is the O-1A, a temporary visa for 'aliens of extraordinary ability' that often paves the way to a green card. The second, which bestows a green card on those with advanced STEM degrees, governs a subset of an EB-2 (employment-based) visa." From the report: The USCIS data, reported exclusively by ScienceInsider, show that the number of O-1A visas awarded in the first year of the revised guidance jumped by almost 30%, to 4570, and held steady in fiscal year 2023, which ended on 30 September. Similarly, the number of STEM EB-2 visas approved in 2022 after a "national interest" waiver shot up by 55% over 2021, to 70,240, and stayed at that level this year. "I'm seeing more aspiring and early-stage startup founders believe there's a way forward for them," says Silicon Valley immigration attorney Sophie Alcorn. She predicts the policy changes will result in "new technology startups that would not have otherwise been created."

President Joe Biden has long sought to make it easier for foreign-born STEM workers to remain in the country and use their talent to spur the U.S. economy. But under the terms of a 1990 law, only 140,000 employment-based green cards may be issued annually, and no more than 7% of those can go to citizens of any one country. The ceiling is well below the demand. And the country quotas have created decades-long queues for scientists and high-tech entrepreneurs born in India and China. The 2022 guidance doesn't alter those limits on employment-based green cards but clarifies the visa process for foreign-born scientists pending any significant changes to the 1990 law. The O-1A work visa, which can be renewed indefinitely, was designed to accelerate the path to a green card for foreign-born high-tech entrepreneurs.

Although there is no cap on the number of O-1A visas awarded, foreign-born scientists have largely ignored this option because it wasn't clear what metrics USCIS would use to assess their application. The 2022 guidance on O-1As removed that uncertainty by listing eight criteria -- including awards, peer-reviewed publications, and reviewing the work of other scientistsâ"and stipulating that applicants need to satisfy at least three of them. The second visa policy change affects those with advanced STEM degrees seeking the national interest waiver for an EB-2. Under the normal process of obtaining such a visa, the Department of Labor requires employers to first satisfy rules meant to protect U.S. workers from foreign competition, for example, by showing that the company has failed to find a qualified domestic worker and that the job will pay the prevailing wage. That time-consuming exercise can be waived if visa applicants can prove they are doing "exceptional" work of "substantial merit and national importance." But once again, the standard for determining whether the labor-force requirements can be waived was vague, so relatively few STEM workers chose that route. The 2022 USCIS guidance not only specifies criteria, which closely track those for the nonimmigrant, O-1A visa, but also allows scientists to sponsor themselves.

Nvidia has throttled the performance of its GeForce RTX 4090 GPU by roughly 11%, allowing it to comply with U.S. sanctions and be sold in China. The Register reports: Dubbed the RTX 4090D, the device appeared on Nvidia's Chinese-market website Thursday and boasts performance roughly 10.94 percent lower than the model Nvidia announced in late 2022. This shows up in the form of lower core count, 14,592 CUDA cores versus 16,384 on versions sold outside of China. Nvidia also told The Register today the card's tensor core count has also been been cut down by a similar margin from 512 to 456 on the 4090D variant. Beyond this the card is largely unchanged, with peak clock speeds rated at 2.52 GHz, 24 GB of GDDR6x memory, and a fat 384-bit memory bus.

As we reported at the time, the RTX 4090 was the only consumer graphics card barred from sale in the Middle Kingdom following the October publication of the Biden Administration's most restrictive set of export controls. The problem was the card narrowly exceeded the performance limits on consumer cards with a total processing performance (TPP) of more than 4,800. That number is calculated by doubling the max number of dense tera-operations per second -- floating point or integer -- and multiplying by the bit length of the operation.

The original 4090 clocked a TPP of 5,285 performance, which meant Nvidia needed a US government-issued license to sell the popular gaming card in China. Note, consumer cards aren't subject to the performance density metric that restricts the sale of much less powerful datacenter cards like the Nvidia L4. As it happens, cutting performance by 10.94 percent is enough to bring the card under the metrics that trigger the requirement for the USA's Bureau of Industry and Security (BIS) to consider an export license. Nvidia notes that the 4090D can be overclocked by end users, effectively allowing customers to recover some performance lost by the lower core count. "In 4K gaming with ray tracing and deep-learning super sampling (DLSS), the GeForce RTX 4090D is about five percent slower than the GeForce RTX 4090 and it operates like every other GeForce GPU, which can be overclocked by end users," an Nvidia spokesperson said in an email.

FDA, in a letter to Amazon CEO: This letter concerns your firm's distribution of products that violate the Federal Food, Drug, and Cosmetic Act (the "FD&C Act"). The United States Food and Drug Administration (FDA) purchased on your website, www.amazon.com, products that are labeled as energy enhancing supplements or food, but laboratory analyses confirmed that they contained undeclared and potentially harmful active pharmaceutical ingredients. As discussed further below, your firm is responsible for introducing or delivering for introduction into interstate commerce products that are unapproved new drugs under section 505(a) of the FD&C Act, 21 U.S.C. 355(a).

Furthermore, the products are misbranded drugs under section 502 of the FD&C Act, 21 U.S.C. 352. As explained further below, introducing or delivering these products for introduction into interstate commerce is prohibited under sections 301(a), 301(d), and 505(a) of the FD&C Act, 21 U.S.C. 331(a), 331(d), and 355(a). Your firm is also responsible for introducing or delivering for introduction into interstate commerce a food that is prohibited under section 301(ll) of the FD&C Act, 21 U.S.C. 331(ll). [...]

An anonymous reader quotes a report from the New York Times: The United States and the state of California have reached an agreement in principle with the truck engine manufacturer Cummins on a $1.6 billion penalty to settle claims that the company violated the Clean Air Act by installing devices to defeat emissions controls on hundreds of thousands of engines, the Justice Department announced on Friday. The penalty would be the largest ever under the Clean Air Act and the second largest ever environmental penalty in the United States. Defeat devices are parts or software that bypass, defeat or render inoperative emissions controls like pollution sensors and onboard computers. They allow vehicles to pass emissions inspections while still emitting high levels of smog-causing pollutants such as nitrogen oxide, which is linked to asthma and other respiratory illnesses.

The Justice Department has accused the company of installing defeat devices on 630,000 model year 2013 to 2019 RAM 2500 and 3500 pickup truck engines. The company is also alleged to have secretly installed auxiliary emission control devices on 330,000 model year 2019 to 2023 RAM 2500 and 3500 pickup truck engines. "Violations of our environmental laws have a tangible impact. They inflict real harm on people in communities across the country," Attorney General Merrick Garland said in a statement. "This historic agreement should make clear that the Justice Department will be aggressive in its efforts to hold accountable those who seek to profit at the expense of people's health and safety."

In a statement, Cummins said that it had "seen no evidence that anyone acted in bad faith and does not admit wrongdoing." The company said it has "cooperated fully with the relevant regulators, already addressed many of the issues involved, and looks forward to obtaining certainty as it concludes this lengthy matter. Cummins conducted an extensive internal review and worked collaboratively with the regulators for more than four years." Stellantis, the company that makes the trucks, has already recalled the model year 2019 trucks and has initiated a recall of the model year 2013 to 2018 trucks. The software in those trucks will be recalibrated to ensure that they are fully compliant with federal emissions law, said Jon Mills, a spokesman for Cummins. Mr. Mills said that "next steps are unclear" on the model year 2020 through 2023, but that the company "continues to work collaboratively with regulators" to resolve the issue. The Justice Department partnered with the Environmental Protection Agency in its investigation of the case.

Joe Biden's administration last week announced a new proposal aimed at banning logging in old-growth forests, a move meant to protect millions of trees that play a key role in fighting the climate crisis. From a report: The proposal comes from an executive order signed by the president on Earth Day in 2022 that directed the US Forest Service and the land management bureau to conduct an inventory of old-growth and mature forest groves as well as to develop policies that protect them. "We think this will allow us to respond effectively and strategically to the biggest threats that face old growth," the US agriculture secretary, Tom Vilsack, told the Washington Post. "At the end of the day, it will protect not just the forests but also the culture and heritage connected to the forests."

The US Forest Service oversees 193m acres of forests and grasslands, 144m of which are forests. In its inventory conducted after Biden's executive order, the agency found that the vast majority of forests it oversees, about 80%, are either old-growth or mature forests. It found more than 32m acres of old-growth forests and 80m acres of mature forests on federal land. The land management bureau defines old-growth forests as those with trees that are in later stages of stand development, which typically means at least 120 years of growth, depending on species. The giant sequoias in California, for example, are old-growth trees. Mature forests, meanwhile, have trees that are in the development stage immediately before old growth.

U.S. President Joe Biden's administration on Tuesday declined to veto a government tribunal's decision to ban imports of Apple Watches based on a complaint from medical monitoring technology company Masimo. From a report: The U.S. International Trade Commission's (ITC) order will go into effect on Dec. 26, barring imports and sales of Apple Watches that use patent-infringing technology for reading blood-oxygen levels. Apple has included the pulse oximeter feature in its smart watches starting with its Series 6 model in 2020. U.S. Trade Representative Katherine Tai decided not to reverse the ban following careful consultations, and the ITC's decision became final on Dec. 26, the Trade Representative's office said Tuesday.

Apple can appeal the ban to the U.S. Court of Appeals for the Federal Circuit. The company has paused the sales of its Series 9 and Ultra 2 smartwatches in the United States since last week. The ban does not affect Apple Watch SE, a less expensive model, which will continue to be sold. Previously sold watches will not be affected by the ban. Masimo has accused Apple of hiring away its employees, stealing its pulse oximetry technology and incorporating it into the popular Apple Watch.

Occupations with the highest share of workers older than 65 have changed little, data from the past seven decades show. Bloomberg Businessweek: Americans may dream about being able to go off the clock when they reach retirement age, but a good number simply can't or won't. We compiled data on the occupations with the highest share of workers older than 65, going back seven decades. The job types held remarkably steady over the decades (farmers, tailors and clergy). A few faded out of the data with time -- blacksmiths, furriers and household washers, for instance. The data can't fully tell us why people in some professions keep at it longer than others. But we know they're largely low-paying jobs, which means workers have likely struggled to put aside money for retirement.

The number of people living in California fell below 39 million this year, according to new census estimates, the lowest count since 2015. From a report: California's population dipped by about 75,000 from 2022 to 2023, estimates released Tuesday by the Census Bureau shows, with about 38,965,000 million people in the state this year. The state's population has fallen since its 2019 peak of 39.5 million, though the annual loss has also slowed each year. Between 2021 and 2022, California lost a net of about 104,000 people, or 0.3%, higher than the dip of 0.2% between 2022 and 2023.

About 338,000 more people left California for other states than vice versa from July 2022 to July 2023, the Census Bureau data shows. That's slightly greater than the 333,000 from 2021 to 2022, and the most of any state. California historically loses more people to the rest of the country than it gains. The state partially offset its domestic loss via international migration, with a net of 151,000 people moving to California from outside the United States. That was the second-highest number of any state, behind Florida, and a 19% increase from 2021-22. And it was the highest total for California since 2015.