Friday, September 15, 2017

MORE THAN $41M HEADED TO CONSUMERS IN AG FERGUSON’S LCD PRICE-FIXING CASE

PRESS RELEASE ISSUED 9/ 14/ 17 (link source)

OLYMPIA — Beginning next week, checks will be in the mail for consumers affected by an elaborate price-fixing conspiracy by LCD manufacturers, Attorney General Bob Ferguson announced today. A total of $41.1 million is on its way to 24,632 consumers and businesses in all 39 counties.

The recovery is among the largest in the AGO Antitrust Division’s history.

“This conspiracy affected millions of products Washingtonians purchased over a period of eight years,” Ferguson said. “This step brings closure and a measure of justice to consumers who were harmed by this scheme. When powerful interests don’t play by the rules, my office will be there to hold them accountable.”

Rather than participate in a multistate case, the Attorney General’s Office chose to pursue an individual case in order to get a better deal for Washington consumers. The recovery in the state’s individual lawsuit may be as much as 30 percent higher than what Washington might have received as part of the multistate settlement.

On average, each consumer will receive about $203. The total varies based on the number and type of items claimed.

Claimants will receive:

$72.19 per LCD television, up to 10,000 units
$23.95 per flat-screen monitor, up to 10,000 units
$48.03 per notebook computer, up to 10,000 units
$6 per color-screen iPod
$6 per color-screen cell phone
A breakdown of the number of claims by county is available here.

In total, checks for more than 1 million items will be mailed: 232,224 televisions, 510,134 monitors, 242,395 notebook computers, 17,343 iPods and 68,227 cell phones.

Consumers who filed a valid claim can expect a check sometime in the next few weeks. Those who filed a deficient claim that did not qualify for payment have already been notified.

Case background

For eight years, consumers in Washington and throughout the world were significantly overcharged every time they bought a product with a liquid crystal display, or LCD, screen because of a conspiracy by the world’s largest LCD manufacturers.

For some products, this scheme may have increased the price consumers paid by as much as 20 percent.

According to the AG’s complaint filed in 2010, LCD manufacturers participated in cartel meetings in which they exchanged price information and agreed to fix prices and manipulate the supply of LCD panels to artificially increase prices.

The earliest meeting occurred over a round of golf in Taiwan in 1998, where the LCD manufacturers met to discuss concerns over increased competition in the industry.

This led to regular gatherings, known as “crystal meetings,” where the LCD manufacturers met to fix the prices on LCD panel prices by exchanging confidential price and shipment information.

They agreed that rather than compete on price, they would fix LCD panel prices and restrict the supply to artificially increase prices.

This industry-wide collusion continued until 2006.

In May 2015, AG Ferguson recovered $63 million from the nine LCD manufacturers who participated in the price-fixing scheme. A total of $41.1 million will be returned to consumers, another $6 million will go to state agencies affected by the scheme, and the remainder will cover the costs of the case and fund antitrust efforts in Washington.

In March 2016, a claims process began for consumers and businesses, which closed Sept. 30, 2016. Once the claims period closed, the claims administrator, AB Data, began the lengthy process of auditing the claims. This includes identifying deficient claims, requesting additional documentation, and identifying fraudulent claims. Nearly 1.5 million claims were submitted for approximately $100 million.

Checks will be mailed out within the next week, and should arrive with claimants in the next few weeks. People with questions about their claims should contact AB Data at 866-778-9468 or walcdsettlement@abdata.com.

Antitrust Division Chief Jonathan Mark, Assistant Attorneys General David Kerwin and Steve Fairchild, and then-Senior Counsel Bill Clark handled the case.






OUR PARKS AND FOREST...

US DEPT. OF INTERIOR: Secretary Zinke Directs Interior Bureaus to Take Aggressive Action to Prevent Wildfires
PRESS RELEASE 9/ 12/ 17 (link source) 

WASHINGTON – Today, U.S. Secretary of the Interior Ryan Zinke directed all Department of the Interior bureaus, superintendents, and land managers at all levels to adopt more aggressive practices, using the full authority of the Department, to prevent and combat the spread of catastrophic wildfires through robust fuels reduction and pre-suppression techniques.

This year-to-date, 47,700 wildfires have burned 8 million acres across the country, with the majority of the devastation in the states of California and Montana. High-profile fires in Yosemite and Glacier National Parks have caught national headlines, however millions of acres of forest and grassland have burned in recent months.

"This Administration will take a serious turn from the past and will proactively work to prevent forest fires through aggressive and scientific fuels reduction management to save lives, homes, and wildlife habitat. It is well settled that the steady accumulation and thickening of vegetation in areas that have historically burned at frequent intervals exacerbates fuel conditions and often leads to larger and higher-intensity fires," said Secretary Zinke. "These fires are more damaging, more costly, and threaten the safety and security of both the public and firefighters. In recent fire reviews, I have heard this described as 'a new normal.' It is unacceptable that we should be satisfied with the status quo. We must be innovative and where new authorities are needed, we will work with our colleagues in Congress to craft management solutions that will benefit our public lands for generations to come."

The Secretary is directing managers and superintendents of units that have burnable vegetation to address the threat of fire in all of their activities, and to use the full range of existing authorities, to reduce fuels.

Bryan Rice, Director of the Office of Wildland Fire, said, "It is critical to fully consider the benefits of fuels reduction in the everyday management activities that we carry out for our public land management objectives, such as clearing along roadsides, around visitor use areas like campgrounds and trails, near employee housing areas, and within administrative site areas subject to wildfire."

The Department has lost historic structures in wildfires like Glacier National Park's historic Sperry Chalet lodge. In an effort to help prevent future losses, the Secretary is also directing increased protection of Interior assets that are in wildfire prone areas, following the Firewise guidance, writing: "If we ask local communities to 'be safer from the start' and meet Firewise standards, we should be the leaders of and the model for 'Firewise-friendly' standards in our planning, development, and maintenance of visitor-service and administrative facilities."

“I welcome Secretary Zinke’s new directive and his attention to the catastrophic fires taking place in many western states,” said Senator Lisa Murkowski, Chairman of the Senate Energy and Natural Resources Committee. “Treating our landscapes mitigates wildfire risk, increases firefighter safety, and makes our forests and rangelands healthy and resilient. We can no longer delay the implementation of this important work.”

House Natural Resources Chairman Rob Bishop said, "We must ensure our land management agencies have the tools and resources they need to protect communities and landscapes from catastrophic wildfire. Over the long term, Congress and the Administration must work together to reverse the sorry state of our federal forests and grasslands. I’m heartened to finally have an Administration that’s focused on actively managing and addressing the on-the-ground conditions that are contributing to our historic wildfire crisis. I hope to build on this by enacting comprehensive legislation to restore the health and resiliency of federal lands.”

"If we don't start managing our forests, the forests are going to start managing us," said Montana Senator Steve Daines. "The fires burning across Montana are a catastrophe, and we need all available resources to combat this threat. I applaud Secretary Zinke’s action to focus resources on attacking wildfires."

“I applaud Secretary Zinke’s effort to thin the threat. If we can reduce the fuel loads in our forests and rangelands we will provide our fire fighters more defensible space to do their jobs," said Idaho Senator James Risch. "We need bold actions like this not just for the hurricanes in the south and east but also to avert the devastation caused by the wildfires in the west.”

“More than 50 million acres in the United States are currently at risk for catastrophic wildfire. That is why we must act to prevent calamitous fires. Management actions taken by Secretary Zinke today will not completely stop the risk, but it is an important step forward in our fight to turn unhealthy, overgrown, and infested forests into thriving, healthy ecosystems," said Congressman Bruce Westerman. "I commend Secretary Zinke for recognizing this emergency situation and taking steps to address prevent further loss of life and property due to these preventable, catastrophic wildfires. I am committed to working with him and my colleagues in Congress to find a permanent solution to this problem that emphasizes active forest management as the first line of defense against catastrophic wildfires.”

With Western Fire season reaching its natural peak in September, the National Multi-Agency Coordinating Group (NMAC) elevated the National Fire Preparedness Level to “5”, the highest level NMAC declares, on August 10, 2017. Above normal major-fire activity continues to be observed across portions of the Pacific Northwest, Northern Rockies, northern Great Basin, and northern California. Fuel moisture levels and fire danger indices in these areas are at near-record to record levels for severity. Drier and warmer than average conditions across the central Great Basin and Southern California are allowing for the fine fuels to become more receptive to fire activity.



US INTERIOR DEPT: Overview: Department of the Interior and Federal Government Support Hurricane-Battered U.S. Virgin Islands
PRESS RELEASE ISSUED 9/ 12/ 17 (link source)

WASHINGTON – The Department of the Interior is expediting all possible support and assistance to the government of the U.S. Virgin Islands (USVI) and FEMA in the wake of destruction from Hurricane Irma.

FEMA continues to lead the efforts of Interior and others in the federal family to support territorial, tribal, local, private-sector, and non-profit partners to address the catastrophic impacts of Hurricane Irma—on the islands as well as the mainland.

“The Department of the Interior actions in the USVI are part of our responsibility for federal policy related to the U.S. territories,” said U.S. Secretary of the Interior Ryan Zinke. “We commend the cooperative actions of the White House, USVI government, FEMA and the whole federal family to provide urgent relief to the Virgin Islands.”

Secretary Zinke and Acting Assistant Secretary for Insular Areas Nikolao Pula applaud and support President Donald J. Trump and his White House for their efforts in ensuring the U.S. Virgin Islanders receive the assistance and support needed to recover from Hurricane Irma. The Secretary and the Acting Assistant Secretary have also personally pledged their support to Governor Kenneth Mapp of the U.S Virgin Islands toward recovery efforts.

Interior has expedited an advance payment of $223 million to the USVI -- as soon as today -- for estimated FY 2018 rum excise tax collections -- providing money to the USVI quickly so that its government can cover normal operations and focus on emergency operations.

FEMA recently transferred more than 146,000 liters of water, nearly 443,000 meals, and 56 rolls of tarp to the Virgin Islands National Guard for the territory to distribute to individuals at Points of Distribution. FEMA also is coordinating debris removal, search and rescue efforts, medical teams and other federal family efforts. Federal assistance is being provided to address health and evacuation needs due to major destruction at hospitals. The U.S. Coast Guard (USCG) is conducting search and rescue operations in the U.S. Virgin Islands. U.S. Northern Command (USNORTHCOM) is providing search and rescue capabilities to the U.S. Virgin Islands and Puerto Rico to assist with lifesaving and life-sustaining efforts. Army Corps of Engineers is providing coordination and execution of debris removal for St. Thomas.

For Interior updates on FEMA actions in the USVI, see https://www.doi.gov/oia/usvi-recovery.

Interior’s Office of Insular Affairs (OIA) is working with the USVI government and FEMA to identify federal technical expertise and financial assistance that may be available to help get public facilities and services back up. OIA will continue working on hurricane recovery with the U.S. Treasury and the U.S. Army Corps of Engineers, as well as with other federal agencies such as the Department of Homeland Security, Health & Human Services, the Department of Labor and the Department of Agriculture. OIA has directed numerous individual inquiries to FEMA and related disaster-coordinating efforts in support of the federal government’s continued life-saving activities for the U.S. Virgin Islands.

Interior’s Office of Emergency Management (OEM), through the Emergency Management Council (EMC), is coordinating with all bureaus and offices to ensure that information and support needs to USVI are addressed in a collaborative way within the Department. OEM’s Interior Operations Center (IOC) is serving as the Department’s single point for collection and distribution of information related to the response and recovery efforts. OEM also has personnel deployed to FEMA’s coordination centers to ensure that the Department’s activities are integrated to address the priorities of the government of the USVI.

Other Interior agencies with offices in the USVI also are helping with recovery efforts, which are being hampered by communication problems and the fact that virtually all of St. Thomas and St. John remain without power except for a handful of locations serviced by underground feeders, such as the Cyril E. King International Airport and the Roy Schneider Medical Center.

The National Park Service Eastern Incident Management Team is coordinating recovery operations at the USVI parks. Virgin Islands National Park on the island of St. John sustained significant damage, the full extent of which is still being determined. Power has been restored to the park visitor center and emergency crews are working to re-establish communication lines. Parks located on the island of St. Croix (Christiansted National Historic Site and Salt River Bay National Historical Park) suffered less damage; they have external water and sporadic power. The team will initially focus on providing support for affected employees, damage assessments of park facilities, and debris removal at parks.

The U.S. Fish and Wildlife Service USVI national wildlife refuges – Buck Island, Green Cay, and Sandy Point – as well as the Caribbean Refuge Complex headquarters in Puerto Rico are closed, but FWS has been undertaking recovery and support efforts as soon as possible.

The U.S. Geological Survey will be aiding with collecting high-water marks as soon as staff can get into the field.


Secretary Zinke Announces Boost to Wetland, Waterfowl Conservation, Access to Public Lands Through Conservation Grants, Federal Duck Stamp Funds
PRESS RELEASE ISSUED 9/ 7/ 17 (link source)

WASHINGTON – The Migratory Bird Conservation Commission, chaired by U.S. Secretary of the Interior Ryan Zinke, approved $21.9 million in grants for the U.S. Fish and Wildlife Service and its partners to conserve, enhance or restore more than 92,000 acres of lands for waterfowl, shorebirds, and other birds in 16 states.

The grants, made through the North American Wetlands Conservation Act (NAWCA), will be matched by more than $45 million in partner funds. NAWCA grants ensure waterfowl and other birds are protected throughout their lifecycles.

“I grew up hunting and fishing and know first-hand how important the outdoors is for our own health, the health of our communities and the health of our economy,” said Secretary Zinke. “The projects approved by the commission will benefit hundreds of wetland and coastal bird species, other wildlife, and their habitats, ensuring we have the ability to pass our shared heritage down to our kids and grandkids.”

Wetlands provide vital habitat for fish, wildlife and a variety of plants. They buffer communities from the effects of storms and floods, and contribute to the $156 billion hunting, fishing and outdoor recreation industry.

NAWCA grants conserve bird populations and wetland habitat, while supporting American traditions such as hunting, fishing, birdwatching, family farming, and cattle ranching. This year’s projects include:

Prairie Lakes IX Wetland Initiative: $1 million. More than 25 partners will help conserve over 2,000 acres of habitat in the Prairie Pothole Region of Iowa through protection, restoration and enhancement activities. All acres will be open to hunting and other recreation.
Russell Sage WMA Kennedy Tract Enhancement: $999,939 to conserve and enhance 2,672 acres of forested wetlands and marsh in Mississippi and Louisiana, part of a region which hosts 60% of bird species in the continental U.S. Activities include an enhancement project on an active rice farm.
Wetlands of the Sacramento Valley II: $1 million to restore and enhance 2,314 acres of critical wintering waterfowl habitat in California. Partners include several ranches, sporting clubs, conservation organizations, and a state agency.
The Commission also heard a report on 32 NAWCA small grants, which were approved by the North American Wetlands Conservation Council in February. Small grants are awarded for smaller projects up to $100,000, to encourage new grantees and partners to carry out smaller-scale conservation work. This year, $3.6 million in grants were matched by $10.9 million in partner funds.

NAWCA is the only federal grant program dedicated to the conservation of wetland habitats for migratory birds. Since 1989, funding has advanced the conservation of wetland habitats and their wildlife in all 50 U.S. states, Canada and Mexico while engaging more than 5,700 partners in over 2,700 projects. More information about the grant projects is available here.

The commission also approved more than $5.4 million from the Migratory Bird Conservation Fund to conserve 2,259 acres for six national wildlife refuges. The approvals will improve refuge management capability and enable the Service to open thousands of acres to public waterfowl hunting for the first time. These funds were raised largely through the sale of Federal Migratory Bird Hunting and Conservation Stamps, commonly known as “Duck Stamps.”

“Hunting and fishing underpin the North American model of conservation, founded on principles of sustainable use and access for all,” said Secretary Zinke. “Sportsmen and women continue to be the engine behind the nation’s wildlife conservation efforts, as demonstrated by these Duck Stamp funds. The Duck Stamp puts hunting revenues back into public lands to improve access and enhance outdoor opportunities not just for millions of sportsmen and women, but for all Americans who spend time outdoors.”

For every dollar spent on Duck Stamps, 98 cents goes toward the acquisition or lease of habitat for the National Wildlife Refuge System. Duck Stamps – while required by waterfowl hunters as an annual license – are also voluntarily purchased by birders, outdoor enthusiasts, and fans of national wildlife refuges who understand the value of preserving some of the most diverse and important wildlife habitats in our nation.

On the state level:

WDFW: Fish and Wildlife Commission takes action,on protective status of 8 species
PRESS RELEASE ISSUED 9/ 11/ 17 (link source)

OLYMPIA – The Washington Fish and Wildlife Commission took action on the protective status of yellow-billed cuckoos, loggerhead sea turtles, fishers and five whale species at its Sept. 8-9 meeting in Port Angeles.

The commission is a citizen panel appointed by the governor to set policy for the Washington Department of Fish and Wildlife (WDFW).

During the meeting, commissioners agreed to list yellow-billed cuckoos as an endangered species in Washington and elevate the level of state protection for loggerhead sea turtles from threatened to endangered.

In 2014, the U.S. Fish and Wildlife Service distinguished the cuckoo in western North America as a distinct population and listed it as threatened under the federal Endangered Species Act. In Washington, cuckoos have been considered a candidate species for listing since 1991. Meanwhile, the north Pacific population of loggerhead sea turtles has declined substantially since the last half of the 20th century.

Commissioners also voted to keep blue, fin, sei, North Pacific right, and sperm whales as state endangered species in Washington.

Those whales have been listed as endangered species in Washington since 1981. Populations of all five species greatly declined in the 1800s and 1900s from being severely overharvested by whalers. All five species face potentially significant threats from one or more factors, including collisions with ships, entanglement in fishing gear and marine debris, and climate change.

Additionally, the commission approved WDFW's recommendation to keep fishers, which are mid-sized members of the weasel family, on the state's endangered species list.

Fishers were eliminated from the state in the late 1800s and early 1900s. WDFW has worked with landowners to protect fisher habitat and has reintroduced fishers to the Olympic Peninsula and Cascade range. Despite these efforts, fisher populations in the state do not yet meet the criteria outlined in the species recovery plan that would allow fishers to be downlisted.

With the exception of the fisher, many of these species are found infrequently in Washington. However, the commission's actions acknowledge the species' imperiled status, align with federal listings, and support the conservation efforts of other agencies and organizations.

Status reviews for the eight species are available on the department's webpage at http://wdfw.wa.gov/conservation/endangered/status_review/.

In his monthly report, WDFW Director Jim Unsworth provided an update on a variety of issues, including wolf conservation and management; the recent release of Atlantic salmon from a Cooke Aquaculture net pen near the San Juan Islands; operations at the Wells Hatchery in northcentral Washington; and the agency's response to legislative direction given in the 2017-19 budget.

In other business, the commission received a briefing on the status of salmon and steelhead populations in the Elwha River following the removal of two dams.

Commissioners also heard from WDFW staff about the department's 2018 supplemental capital budget request and monitoring and recovery efforts of the state's fish populations listed for protection under the federal Endangered Species Act (ESA).


WDFW schedules tentative razor clam digs through December
PRESS RELEASE ISSUED 9/ 8/ 17 (link source) 

OLYMPIA – The Washington Department of Fish and Wildlife (WDFW) has announced a tentative schedule for the fall razor clam season set to begin in early October.

Final approval of all scheduled openings will depend on results of marine toxin tests, which are usually conducted about a week before a dig is scheduled to begin.

"We're releasing a tentative schedule to give people plenty of time to make plans to go digging this fall,” said Dan Ayres, coastal shellfish manager for WDFW.

State shellfish managers are also seeking public input on management options, including scheduling for spring digs. Comments on the spring digs can be sent via email to razorclams@dfw.wa.gov.

A summary of last season and an overview of the recently completed razor clam stock assessment are available in WDFW's 2017-18 Razor Clam Management Plan at http://wdfw.wa.gov/fishing/shellfish/razorclams/seasons_set.html.

Based on beach surveys conducted this summer, WDFW estimates the total razor clam population on Washington's beaches has decreased significantly from last season, which means fewer days of digging this season.

Ayres said the decline in clam populations was likely caused, at least in part, by an extended period of low salinity in surf zone ocean waters, particularly those near Long Beach and Twin Harbors.

"The total number of clams may be down this year, but we still expect good digging on most beaches," Ayres said.

WORLD AND NATIONAL NEWS BRIEFS


From the UN NEWS CENTER:
UN Secretary-General condemns DPRK ballistic missile launch
15 September 2017 – Condemning the launch of yet another ballistic missile by the Democratic People's Republic of Korea (DPRK), United Nations Secretary-General António Guterres called on the country's leadership to halt such activities and explore resumption of sincere dialogue on denuclearisation.

New UN global innovation forum to 'creatively disrupt' status quo for women and girls in tech
14 September 2017 – The United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) today launched the Global Innovation Coalition for Change with partners from the private sector, the academia and non-governmental organizations to encourage innovation and technology work better for young women and girls around the world.

Security Council approves mandate, operations and size of UN Verification Mission in Colombia
14 September 2017 – The Security Council today approved the Secretary-General António Guterres' recommendations regarding the size, operational aspects and mandate of the United Nations Verification Mission in Colombia.

NATIONAL

Senator Warren introduces Equifax bill, launches industry probe
WASHINGTON (Reuters) - U.S. Senator Elizabeth Warren said on Friday she has begun an investigation into Equifax’s massive data breach and, along with 11 other Democratic senators, introduced a bill to give consumers the ability to freeze their credit for free.

Nearly 2 million, mostly in Florida, without power in Irma's wake
MIAMI (Reuters) - About 1.9 million homes and businesses in Florida, Georgia and the Carolinas remained without power from Hurricane Irma on Friday, five days after the deadly storm ripped through the U.S. Southeast.

Pastors stand firm as Trump's U.S. evangelical base weakens
WASHINGTON (Reuters) - As President Donald Trump bowed his head in the Oval Office earlier this month, Texas Southern Baptist Pastor Robert Jeffress and other U.S. religious leaders laid their hands on Trump’s back and prayed for Hurricane Harvey’s victims.


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