The World and Everything in It - May 10, 2021

MYRNA BROWN, HOST: Good morning!

Mary Reichard’s away today, so our colleague Jenny Rough will be along to bring you Legal Docket.

NICK EICHER, HOST: Also today, the Monday Moneybeat.

Economic incentives and the will to work. We’ll talk about the April jobs report today.

Plus, 60 years ago this week, a famous speech about the TV industry:

BROWN: It’s Monday, May 10th. This is The World and Everything in It from listener-supported WORLD Radio. I’m Myrna Brown.

EICHER: And I’m Nick Eicher. Good morning!

Up next, Kent Covington has today’s news.

KENT COVINGTON, NEWS ANCHOR: Zients: US turning corner in battle against COVID-19 » The United States is turning the corner in its battle against COVID-19.

That’s the word from White House Coronavirus Response Coordinator Jeff Zients. He said the country just hit two big milestones in its vaccination campaign.

ZIENTS: 150 million Americans with at least their first shot and 110 million Americans fully vaccinated.

More than half of all U.S. adults have now had at least one vaccine dose. The president’s goal is to reach 70 percent with at least one shot by July 4th.

Zients acknowledged that the demand for the shots is slowing.

ZIENTS: Our approach and the pace of progress will look different as we reach deeper into communities and take an even more localized approach.

He said the government is now focused on educating people about the vaccines and on making the shots more convenient for Americans to get.

New COVID-19 cases and hospital admissions have been steadily declining in the United States for more than three weeks.

Chamber of Commerce seeks end to enhanced US jobless aid » The U.S. Chamber of Commerce is calling for Washington to immediately stop paying out-of-work Americans an extra $300 a week in jobless benefits. It says the added benefits are incentivizing people not to work.

Its statement follows the release of surprisingly weak jobs data for April.

The Chamber says the disappointing jobs report doesn’t mean jobs aren’t available.

U.S. companies have added jobs for four straight months, but some employers complain that they can’t find workers. Jason Kramer is a restaurant owner in New Jersey.

KRAMER: We’ve reached out to J-1 visas. We’ve reached out to colleges, to culinary institutes. We’ve reached out to every workforce you can think of.

Many unemployment recipients are now receiving comparable pay in unemployment to what they earned when they were working. And about one in four recipients are actually taking home more through unemployment.

Some states have already pulled the plug on enhanced unemployment benefits in hopes of pushing people back to work.

But the White House says there is “little evidence” that enhanced unemployment benefits are impacting Americans’ willingness to work.

U.S. gvmt working to limit damage from pipeline ransomware attack » The U.S. government is working to limit the damage from a ransomware attack that shut down a major pipeline.

The Colonial Pipeline runs from Texas to New York, delivering almost half of the fuel consumed on the East Coast.

Commerce Secretary Gina Raimondo told CBS’ Face the Nation that officials briefed President Biden on the attack over the weekend.

RAIMONDO: It’s an all hands on deck effort right now, and we are working closely with the company, state, and local officials to make sure that they get back up to normal operations as quickly as possible and there aren’t disruptions in supply.

Experts say the attack is unlikely to affect supply and gas prices unless it leads to a prolonged shutdown.

Ransomware attacks are typically carried out by criminal hackers who scramble data, paralyzing victim networks. They often demand a large payment to decrypt the data.

The FBI and other federal agencies are investigating who was behind the Colonial attack.

GOP Congresswoman Nancy Mace sits on the House Infrastructure and Transportation Committee. She said lawmakers will take a hard look at how to better secure America’s energy supply.

MACE: This is an example of how important it is, and how we have neglected it and have not paid as much attention or careful attention to it, whether we’re talking about our pipelines or the grid.

She called the nation’s energy supply a matter of national security.

Death toll soars from girls’ school bombing in Afghanistan » Grieving families buried their dead Sunday following a horrific bombing at a girls’ school in Kabul that has now killed at least 50 people. 

SOUND: AFGHANISTAN NATS

Many of the dead are between the ages of 11 and 15 years old.

The number of wounded in Saturday's attack climbed to more than 100, and the death toll could continue to rise.

Criticism has mounted over a lack of security and growing fears of even more violence as U.S. and NATO forces withdraw from Afghanistan.

The Taliban denied responsibility, condemning the attack and the many deaths. But the Afghan government wasn’t convinced. It blamed the attack on the Taliban despite the group’s denials.

Terrorists have targeted the same mostly Shiite minority neighborhood in the past. Several previous attacks in the area killed more than a hundred people all together over the past few years. ISIS claimed responsibility for most of those attacks.

I’m Kent Covington.

Straight ahead: two environmental cases at the Supreme Court.

Plus, an ill-fated expedition sets out for California.

This is The World and Everything in It.

MYRNA BROWN, HOST: It’s Monday morning, the start of a new work week for The World and Everything In It. Today is the 10th of May, 2021. Good morning to you, I’m Myrna Brown.

NICK EICHER, HOST: And I’m Nick Eicher.

Before we get underway: a reminder that this month, before we get to our end-of-fiscal-year funding drive in June, we’re asking if you’ve never given before to support us, to make this the time for your first-ever gift. And as an incentive, some longtime givers have gotten together and have committed to match every new gift two dollars for every one dollar, so it’s a triple match all the way up to $40-thousand.

No one expects you to give alone. We give together and make a huge impact.

So please consider paying a visit to wng.org slash donate and make a first-time gift to help make this program possible. wng dot org slash donate.

It’s time for Legal Docket.

On Monday the court announced Colonel Gail Curley will serve as the next marshal of the court. She’s the second woman to do so, replacing Pamela Talkin.

The marshal oversees the day-to-day operations of the court, including security. But the job may be best known for this duty:

TALKIN: The Honorable, the Chief Justice, and the Associate Justices of the Supreme Court of the United States! Oyez, Oyez, Oyez! All persons having business before the honorable, the Supreme Court of the United States are admonished to draw near and give their attention for the court is now sitting. God save the United States and this honorable court. [GAVEL]

EICHER: That’s right, the one who gives the cry at the beginning of each oral argument session as the justices enter the courtroom and take their seats. It’s a lovely 15th century expression for, “Be quiet and pay attention.”

Today, we continue our weekly coverage of oral arguments the court has heard. Mary Reichard’s away today for a graduation. So, “oyez, oyez, oyez.” Please have a seat and draw near to WORLD legal reporter Jenny Rough is here with an update on two environmental law disputes. Hey Jenny.

JENNY ROUGH, REPORTER: Hiya, Nick. Well, the first case involves a toxic waste landfill in Guam. And they call it “garbage juice,” and it began leaching into a nearby river.

The cost to clean up the mess: $160 million. And the legal question in this lawsuit: Who has to foot the bill?

Guam is an island in the Pacific Ocean, closer to North Korea than to California. Pretty isolated. The island is 30 miles long and only 4 miles wide in the middle, so some say it’s shaped like a footprint.

EICHER: For decades, the U.S. Navy governed Guam. In the 1940s, during its control, the Navy created the Ordot Dump to dispose of military waste: things like agent orange and other hazardous materials.

In 1950, Guam became an unincorporated U.S. territory, and the Navy relinquished sovereignty to Guam’s newly formed civilian government. It was Guam that now owned the dump, and local residents disposed of waste there. But the Navy also continued to use it through the Korean and Vietnam wars.

ROUGH: All the way up to the year 2002 now. The E-P-A—Environmental Protection Agency—sued Guam under the Clean Water Act for the unlawful discharge of pollutants to the river that flowed to the Pacific Ocean. The parties reached a settlement in 2004.

Guam closed the dump. Covered it up and began remediation to minimize the leaching chemicals. Cleanup is still ongoing. Guam expressly disclaimed liability in the 2004 settlement.

EICHER: With the EPA lawsuit over and done with, the next lawsuit began. This time, the government of Guam initiated. Guam sued the United States government under a federal law known as CERCLA. That stands for the Comprehensive Environmental Response, Compensation and Liability Act. It aims to clean up hazardous waste sites like the landfill here.

CERCLA is a huge statute with many moving pieces. Pro-business, pro-environment—no matter what side, most everyone agrees it’s a poorly drafted law. It’s led to all sorts of litigation. Courts have been tied up in knots for years over what its terms mean.

ROUGH: There are two main ways to get money under CERCLA. One way is by the cost recovery provision. You do the work of cleaning up a hazardous site, and you cover all the costs. Then you turn around and sue other potentially responsible parties to get some money back.

The second way is under the contribution provision. This usually happens when the government comes after you first. You settle with the government. And then you turn around and seek a contribution for the costs—again from other potentially responsible parties.

EICHER: And the two provisions are mutually exclusive. If you have a contribution claim, you cannot bring a cost recovery claim.

ROUGH: Guam wants the U.S. to pay its fair share of remediation costs to fix the landfill. Guam sued for cost recovery. But the United States said that’s the wrong complaint.

Lawyer for Guam, Gregory Garre, laid it out.

GARRE: We're bringing a cost recovery claim under CERCLA. The government's position is that we were required to bring a contribution claim in the wake of the Clean Water Act settlement.

But the contribution provision has a three-year statute of limitations, which has already passed for Guam.

Remember the previous Clean Water Act lawsuit that Guam settled. The United States argues that that settlement triggered the contribution section of CERCLA. Indeed, the language of that provision says if you resolved liability to the United States for a response action, you can seek a contribution from potentially responsible parties.

But Garre says applying that here makes no sense. The EPA settlement involved a dispute under the Clean Water Act. It had nothing to do with CERCLA.

GARRE: Read in context, the phrase "resolved its liability" naturally refers to CERCLA liability.

Garre went on to argue that the surrounding provisions in the CERCLA Act do specify CERCLA liability. No reason this provision would suddenly have a different meaning.

GARRE: The key term is "resolved its liability." Is it CERCLA liability, or is it liability under any other law? Of course, it's CERCLA liability.

On the other side, representing the United States, Vivek Suri.

SURI: If Congress wanted to limit this provision to CERCLA liability, it could easily have said so. There are many other provisions of the Act that use terms such as "settlement under this Act," "liability under this Act," or "response action under this Act." There's no such limiting language in the provision at issue here.

The fact that Congress did not include it must be an intentional elimination, he argued.

Justice Stephen Breyer pointed out the language of the provision results in good arguments on both sides. Here he is speaking to United States lawyer Suri.

BREYER: Well, the trouble I'm having on your side is I can't get too far using the language of the statute. I mean, sure, you could read it your way, "response action" refers to any action, state or federal, brought under any statute.

Like the Clean Water Act.

BREYER: It could mean that, but it could also mean CERCLA actions, okay? It could mean either.

Another technicality: Even if a non-CERCLA settlement is sufficient, was liability actually resolved in that previous settlement? Guam’s position: No. Because we expressly disclaimed liability. Therefore, the contribution provision doesn’t apply and we can proceed with our cost recovery claim.

SOTOMAYOR: Settlement agreements often can disclaim liability but resolve liability at the same time. Many settlement agreements will say, I don't admit liability, but I will resolve my liability under your claims under the Clean Water Act.

Justice Sotomayor had this observation for the U.S. government lawyer: The Clean Water Act and CERCLA are focused on different harms.

SOTOMAYOR: I thought that the harm addressed in the Clean Water Act was releasing pollutants without a permit. That's a very different harm than what CERCLA looks to, which is releasing hazardous pollutants, with or without a permit, you're still prohibited from doing that. So those—aren't those two different harms, and why should one extinguish or create an obligation to claim under another?

Justice Samuel Alito hinted at concerns of fairness.

ALITO: Counsel, Guam's argument in very simple terms is basically this: We're a small island, and while we may have contributed to part of the problem with this dump, the Navy contributed quite a bit too.

Bottom line: Circuits are split on whether a non-CERCLA settlement triggers CERCLA’s contribution provision. If it does, Guam might be time-barred from moving forward with its lawsuit due to the three-year statute of limitations.

If not, it’s off to the races. Other lawsuits will likely follow. A battle over ownership and control of the dump. And more battles over what each party’s allocated share is.

The second case involves air pollution and the oil and gas industry. The petitioners in this suit are HollyFrontier and its subsidiaries. Small refineries. The last stop in the supply chain—the companies who get gas to consumers. Small refineries play an especially important role in getting gas to remote areas, like rural Wyoming.

In 2005, Congress enacted a program that requires companies selling transportation fuel to blend in renewable fuel, like corn-sourced ethanol. But it’s expensive to do so. So the statute allows small refineries to obtain an exemption for economic hardship.

And an extension of that exemption.

The question here: What does the word “extension” mean? Can the small refineries obtain an extension at any time? Or must the refinery obtain an initial exemption and then a continuous extension every year thereafter? In other words: Once the chain is broken, are they barred from getting an extension, despite economic hardship?

Hollyfrontier and its subsidiaries qualified for the initial exemption. In the years that followed, it met its fuel obligations—sometimes. And other years it obtained an extension by claiming economic hardship.

Oral arguments focused on that word “extension.” Here’s Justice Elena Kagan questioning Hollyfrontier’s lawyer Peter Keisler about it.

KAGAN: In thinking about the ordinary meaning of this word, "extension," I guess I'm—I'm wondering if you would comment on—on this hypothetical. Suppose that I rented an apartment five years ago and I rented it for a year, and then I decided to give it up, and five years later I'm now really tired of where I'm living now and I want to move back, and I call the landlord and say: I'd like an extension of my lease. What would the landlord say?

KEISLER: I think the landlord would scratch her head and think that's a very strange context in which to be using the word "extension." I agree with that.

But, he went on to argue, this particular statute says the extension can be granted “at any time.”

The amici briefs on each side lay out the economic stakes: A broad reading of “extension of the exemption” could put small farmers out of business. A narrow reading could do the same to small refineries.

What about the stakes of clean air and whether such renewable fuels really are clean? Wasn’t in the mix!

Don’t expect the Supreme Court to generate a useful statement of jurisprudence in either of these cases. Both involve plain, old run-of-the mill statutory interpretations. Poor drafting by Congress that leaves the Supreme Court with the task of mopping up the mess.

And that’s it for this week’s Legal Docket.

I’m Jenny Rough.

MYRNA BROWN, HOST: Coming up next on The World and Everything in It, the Monday Moneybeat.

NICK EICHER, HOST: Financial analyst and adviser David Bahnsen is on the line now for our weekly conversation and commentary on the economy. A word about the line before we get started. The sound quality is just not quite up to snuff. We couldn’t bring it to standard before airtime today, so we’re just going to have to power through it this week and keep working on it until we fix it.

But David, maybe the poor quality today is just going to have to be a metaphor for the surprisingly bad jobs report we just received for the month of April.

We expected a million jobs to come back, and instead of that, only a little more than a quarter of them did—266-thousand. And the headline unemployment rate ticked up a tenth of a percentage point. So let’s get in to that report. But first, good morning to you.

DAVID BAHNSEN, HOST: Good morning. Good to be with you.

EICHER: So you’ve been stressing this for a long time: incentives in economics. They apply to labor markets as well. People who can earn more by not working than by working tend not to work.

That’s not just theory. I have a little restaurant-level reporting. I was at the home office last week and we went out to get a bite to eat, walked into the restaurant, and saw this sign at the hostess table. I snapped a picture of it, and I’ll read what it says. “We are very short staffed, and no one wants a job right now.” Then in all capital letters, “IT’S THE NEW PANDEMIC.”

“Most of us,” it goes on to say, “are working doubles every day. Please be kind to the ones that did show up for their job today.”

I’m struck by the line, “No one wants a job right now.” I mean, you can just feel the frustration of this business owner.

BAHNSEN: Well, I admire the candor of the entrepreneur. And I do think you're right, that they're kind of projecting a sentiment that is somewhat systemic right now, particularly in that industry.

I’ll do my little qualifier first, because I want to be intellectually honest, there is obviously a chance that this the gravity of this miss, the largest miss versus expectations in the history of the Bureau of Labor Statistics, there is a chance that there are some lumpiness in numbers. And I've always encouraged whether a number looks too weak or too strong to roll off of three-month averages, that averages eliminate a lot of noise in the month-to-month data. I expect that there will be some improvement in the data through the averages relative to expectations, but no way enough to offset what is the clear and obvious reality, validated in the continuous claims this week. The continuous claims being the number that is largely done nothing but that might get better for about a year, and it itself now has kind of frozen and even backed up a bit.

With every economist I'm following who I respect—I'm referring to labor economists—saying they don't think that number will move on the continuing claims now until September. So we basically got to the max level we can of people who were out of the labor force filing for unemployment insurance, and then were back in the job force. There won't be any more until September when this benefit goes away.

Well, if that's true, it will be one of the colossal policy failures of my lifetime. And I think that we have to look at it first and foremost as a moral policy failure. Because I think it is awful to think about people that are losing their dignity, their achievement, their ability to learn new skills, their vertical mobility, being totally sidelined out of any kind of productive activity right now. I think that that is an awful issue around the subject to human dignity. But if we just want to talk about basic economics, the longer one stays out of the workforce, the harder it is to come back in. And I think that this is going to have a lasting impact.

EICHER: Let’s have a listen to what the president had to say about the disappointing numbers.

BIDEN: Today's report just underscores in my view, how vital the actions we're taking are. Checks to people who are hurting, support for small businesses, for childcare and school reopening, support to help families put food on the table. Our efforts are starting to work, but the climb is steep and we still have a long way to go.

EICHER: Then five questions from the media. Three on Putin, Ukraine, and Iran. One on masks, and this one.

REPORTER: “Mr. President, do you believe enhanced unemployment benefits had any effect on diminishing a return to work in some categories?”

THE PRESIDENT: “No, nothing measurable. Thank you.”

EICHER: No follow up. But note he did say he thinks, as you heard, that the jobs report is an argument for more of the same policy he’s pursuing. What do you say?

BAHNSEN: It was a real painful thing to listen to just if nothing else for me to detect the total lack of sincerity in what he was saying, and it's not merely for a policy disagreement. I don't usually do this because I don't claim to be someone who can read hearts and minds. But I can tell you in this case, I have very little doubt that they themselves know this is indicative of the problem that you and I referred to, which is the government incentivizing unemployment.

Now, some in administration may very well believe it's worth it. We already know there are some who basically said, 'Yeah, at the end of the day, this paying some people not to work, but that's a small price to pay relative to the greater good.’ And so I think that's largely where they're coming from, is that they don't think it's a big deal if you take some people out of the workforce, because at least ultimately, we're providing this transfer payment. And so I, obviously, vehemently disagree with it. In this case, Janet Yellen, Secretary Yellen yesterday took a far more defensive tone.

President Biden basically tried to turn it into the opposite of what it was. Like, 'Oh, look, this is really an argument for more giveaways and social support,' where Secretary Yellen came out to try to explain why maybe it doesn't actually mean that.

So I think that's a mixed messaging. But I think it all refers to the fact that they're afraid of this becoming a narrative. I don't think they mind if a restaurant in South or North Carolina is hurting. I wish they did. But what I do think they'll mind is if it becomes a national narrative, that they have impeded progress in the labor market through thoughtless policy, and I very much believe that national narrative is coming.

EICHER: Financial analyst and adviser David Bahnsen. He writes at Dividend Cafe.com. Easy sign up for his newsletter if you’re interested. David, thanks!

BAHNSEN: Thanks, Nick.

MYRNA BROWN, HOST: Today is Monday, May 10th. Good morning! This is The World and Everything in It from listener-supported WORLD Radio. I’m Myrna Brown.

NICK EICHER, HOST: And I’m Nick Eicher. Next up on The World and Everything in It: The WORLD History Book.

Today, historical confrontations: Taking on the Western frontier as well as television broadcasters. And taking on a deadly disease.

Here’s senior correspondent Katie Gaultney.

KATIE GAULTNEY, SENIOR CORRESPONDENT: Let’s talk about something new and different: vaccines.

SOUND: RECORD SCRATCH

Right, ok, not so new and different now. But, 225 years ago, on May 14th, 1796, English physician Edward Jenner administered the first vaccine. The “father of immunology” aimed to eradicate a deadly illness: smallpox.

The fatality rate of the common smallpox virus was around 30 percent. Patients who survived were scarred for life. Dr. Donald Hopkins spoke to the History Channel about smallpox’s devastating effects.

HOPKINS: This virus killed people by destroying internal systems. We could see what it was doing to the outside of the body, the skin. But in fact the same thing was happening to the intestines, to the lining of the lungs, and to those kinds of vital organs...

Milkmaids were generally immune to smallpox at the time. They were known to get an illness called cowpox instead from their dairy cows.

SOUND: COW MOOING

It was similar to smallpox, but much less serious. So Jenner put two-and-two together, hypothesizing that the pus in those blisters protected the milkmaids from smallpox. Dave Farina, a science educator, explains what Jenner did next.

FARINA: What Jenner decided to try in 1796 was to inoculate a young boy with the pus from a milkmaid’s lesions and then a few days later challenge him with the live smallpox virus…

The boy developed a fever, but never a full-blown infection, and he showed repeated resistance to the virus.

Owing to Jenner’s bovine-related research, the term vaccine actually comes from the Latin word for cow. In the decades following Jenner’s work, smallpox vaccine efforts rolled out little by little, with a global campaign beginning in 1950. By 1980, the World Health Organization deemed smallpox eradicated. Historians say Jenner’s medical achievement perhaps saved more lives than the work of any other person.

Turning now to a story of hardship and grim survival. It’s been 175 years since the Donner party of pioneers set out from Missouri for California. The notion of “manifest destiny” motivated settlers who believed America was meant to stretch from coast to coast. On May 12th, 1846, they packed up and headed west on the Oregon Trail.

In July, around 80 settlers—led by George Donner and James Reed—decided to break off and try a shortcut. The route proved difficult, and it turned disastrous when the party became snowbound in the Sierra Nevada Mountains. Historian Donald Buck told PBS in 1992 that Reed was warned that the difficult terrain would be hard on wagons, but he proceeded with the shortcut anyway.

BUCK: Why Reed didn’t take the advice he got at Fort Laramie? I don’t know that there’s an answer to that question. He was an intelligent man, decisive. I don’t know, it’s always, I guess, our insatiable desire to take a shortcut in life, thinking it will get us there, and invariably it doesn’t.

Rescue attempts were slow going. It took four separate crews two months to reach the stranded settlers. Most of the survivors had made the gruesome choice to eat the remains of those who had already died. One contingent even killed two Miwok Native Americans in their party for the sole purpose of eating them. About half of the 80-some-odd migrants survived.

In 1927, California designated the site where the Donner party became snowbound—including their makeshift cabins—“Donner State Memorial Park.” Rangers report the park attracts about two hundred thousand visitors each year.

Turning now to the speech historians say marked the end of the “Golden Age of Television.”

MINOW: When television is good, nothing—not the theater, not the magazines or newspapers—nothing is better.

Sixty years have passed since Federal Communications Commission Chairman Newton Minow gave his “vast wasteland” speech on May 9, 1961. In addressing the convention of the National Association of Broadcasters, the newly appointed chairman highlighted the need for more programming that served the public interest. He challenged broadcasters to watch a full day of television, without distractions.

MINOW: I can assure you that what you will see is a vast wasteland. You will see a procession of game shows, formula comedies about totally unbelievable families, blood and thunder, mayhem, violence, sadism, murder, western bad men, western good men, private eyes, gangsters, more violence, and cartoons. And endlessly, commercials—many screaming, cajoling, and offending. And most of all, boredom.

He urged network executives to consider their platform. They could provide programming that’s educational, informative, and that serves children and families. But, he said the broadcasters had failed, and it was time to set a new course.

MINOW: Gentlemen, your trust accounting with your beneficiaries is long overdue. Never have so few owed so much to so many. [APPLAUSE]

Minow’s focus on high-quality television paved the way for the launch of PBS. Decades later, Minow’s daughter said his remarks “shocked a complacent industry.” The assertive speech didn’t sit well with the audience though. Sherwood Schwartz produced Gilligan’s Island—exactly the type of sitcom Minow had railed against. As a tribute to the FCC Chairman, Schwartz named Gilligan’s ill-fated boat the S.S. Minnow.

MUSIC: GILLIGAN’S ISLAND THEME

That’s this week’s History Book. I’m Katie Gaultney.

NICK EICHER, HOST: Tomorrow: pain at the pump! You’ve probably noticed it’s getting a lot more expensive to fill up your gas tank. Simple supply and demand. But we’ll tell you what’s driving them and driving up prices.

And, persecution overseas. We’ll tell you about the latest report from the U.S. Commission on International Religious Freedom.

That and more tomorrow.

I’m Nick Eicher.

MYRNA BROWN, HOST: And I’m Myrna Brown.

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