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"content": "\u003cp>\u003cem>A \u003c/em>\u003ca href=\"https://www.c-span.org/video/?421719-1/epa-nominee-scott-pruitt-testifies-confirmation-hearing\">live stream of this confirmation hearing\u003c/a> is available via C-SPAN.\u003c/p>\n\u003cp>Oklahoma Attorney General Scott Pruitt has been among the most controversial picks for Donald Trump's Cabinet. In part, that's because the Environmental Protection Agency nominee has said \u003ca href=\"http://www.nationalreview.com/article/435470/climate-change-attorneys-general\">things like this\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>\"Scientists continue to disagree about the degree and extent of global warming and its connection to the actions of mankind. That debate should be encouraged — in classrooms, public forums, and the halls of Congress.\"\u003c/p>\u003c/blockquote>\n\u003cp>As Oklahoma's lead attorney, Pruitt has also been a leader in going after the environmental agency, joining other Republican attorneys general in lawsuits to try to stop, among other things, ozone and methane emissions regulations and\u003ca href=\"http://www.npr.org/sections/thetwo-way/2013/06/25/195466923/obama-to-lay-out-broad-plan-to-address-climate-change\"> Obama's signature climate plan\u003c/a>.\u003c/p>\n\u003cp>Pruitt has also been \u003ca href=\"https://stateimpact.npr.org/oklahoma/2013/10/03/an-insiders-guide-to-oklahoma-attorney-general-scott-pruitts-war-with-the-epa/\">public in his defense of coal, oil and natural gas\u003c/a> — all industries the EPA oversees. In a 2013 interview he said, \"I think the attitude with the EPA and certain environmental groups is that fossil fuels are bad — period. And they're doing everything they can to use the rule-making process to attack.\"\u003c/p>\n\u003cp>For all this, he may face stiff opposition in Wednesday's confirmation hearing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.npr.org/player/embed/510355798/510384032\" width=\"100%\" height=\"290\" frameborder=\"0\" scrolling=\"no\" title=\"NPR embedded audio player\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\"This is not somebody who should be leading the Environmental Protection Agency,\" says Michael Brune, executive director of the Sierra Club. \"Pruitt has basically made his career working to tear down, or at least challenge, environmental and public health safeguards. So why does he want to lead EPA?\"\u003c/p>\n\u003cp>Brune hopes the Senate Environment and Public Works Committee asks tough questions about that Wednesday — and about the hundreds of thousands of dollars in campaign contributions that Pruitt has received from the fossil fuel industry.\u003c/p>\n\u003cp>Pruitt, who declined requests for an interview, has been less active than his predecessor in the Oklahoma Attorney General's Office in pursuing environmental cases. Court records and data collected by the Environmental Working Group also \u003ca href=\"http://www.ewg.org/planet-trump/2017/01/ewg-investigates-scott-pruitt-s-war-drinking-water\" target=\"_blank\">suggest Pruitt stalled a state lawsuit regarding water pollution\u003c/a> from chicken manure after receiving contributions linked to the poultry industry.\u003c/p>\n\u003cp>[contextly_sidebar id=\"anr30PcMstsDFqDfVj5zhg4Quemi7NHR\"]\u003c/p>\n\u003cp>Kay Mills of Missouri worries that big corporations will have Pruitt's ear on policy. She and other members of the Moms Clean Air Force traveled to Washington, D.C., to pressure their senators to reject Pruitt's nomination.\u003c/p>\n\u003cp>\"I'm really concerned about Scott Pruitt's rejection of science,\" Mills says. \"In particular, his rejection of the science around mercury pollution. As a pregnant mother ... I've been thinking a lot about mercury and how that impacts my unborn baby.\"\u003c/p>\n\u003cp>Pruitt's industry ties are seen as a good thing by many of his supporters, and he is likely to get a positive reception from Republican senators from fossil fuel-producing states. Groups representing drillers and miners say their economic concerns were largely ignored over the past eight years.\u003c/p>\n\u003cp>\"We can achieve the goals of environmental improvement without sacrificing our economic development, energy security, jobs,\" Marty Durbin of the American Petroleum Institute told reporters in endorsing Pruitt.\u003c/p>\n\u003cp>Pruitt also has been \u003ca href=\"https://cei.org/content/cei-joins-coalition-letter-supporting-pruitt-nomination-epa\">enthusiastically endorsed\u003c/a> by nearly two dozen conservative advocacy groups who feel the EPA under President Obama has overreached. In a joint statement, groups including the American Energy Alliance and Americans for Tax Reform call Pruitt a \"stalwart defender against federal intrusion into state and individual rights.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2017 NPR. To see more, visit \u003ca href=\"http://www.npr.org/\" target=\"_blank\">NPR.org\u003c/a>.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>A \u003c/em>\u003ca href=\"https://www.c-span.org/video/?421719-1/epa-nominee-scott-pruitt-testifies-confirmation-hearing\">live stream of this confirmation hearing\u003c/a> is available via C-SPAN.\u003c/p>\n\u003cp>Oklahoma Attorney General Scott Pruitt has been among the most controversial picks for Donald Trump's Cabinet. In part, that's because the Environmental Protection Agency nominee has said \u003ca href=\"http://www.nationalreview.com/article/435470/climate-change-attorneys-general\">things like this\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>\"Scientists continue to disagree about the degree and extent of global warming and its connection to the actions of mankind. That debate should be encouraged — in classrooms, public forums, and the halls of Congress.\"\u003c/p>\u003c/blockquote>\n\u003cp>As Oklahoma's lead attorney, Pruitt has also been a leader in going after the environmental agency, joining other Republican attorneys general in lawsuits to try to stop, among other things, ozone and methane emissions regulations and\u003ca href=\"http://www.npr.org/sections/thetwo-way/2013/06/25/195466923/obama-to-lay-out-broad-plan-to-address-climate-change\"> Obama's signature climate plan\u003c/a>.\u003c/p>\n\u003cp>Pruitt has also been \u003ca href=\"https://stateimpact.npr.org/oklahoma/2013/10/03/an-insiders-guide-to-oklahoma-attorney-general-scott-pruitts-war-with-the-epa/\">public in his defense of coal, oil and natural gas\u003c/a> — all industries the EPA oversees. In a 2013 interview he said, \"I think the attitude with the EPA and certain environmental groups is that fossil fuels are bad — period. And they're doing everything they can to use the rule-making process to attack.\"\u003c/p>\n\u003cp>For all this, he may face stiff opposition in Wednesday's confirmation hearing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.npr.org/player/embed/510355798/510384032\" width=\"100%\" height=\"290\" frameborder=\"0\" scrolling=\"no\" title=\"NPR embedded audio player\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\"This is not somebody who should be leading the Environmental Protection Agency,\" says Michael Brune, executive director of the Sierra Club. \"Pruitt has basically made his career working to tear down, or at least challenge, environmental and public health safeguards. So why does he want to lead EPA?\"\u003c/p>\n\u003cp>Brune hopes the Senate Environment and Public Works Committee asks tough questions about that Wednesday — and about the hundreds of thousands of dollars in campaign contributions that Pruitt has received from the fossil fuel industry.\u003c/p>\n\u003cp>Pruitt, who declined requests for an interview, has been less active than his predecessor in the Oklahoma Attorney General's Office in pursuing environmental cases. Court records and data collected by the Environmental Working Group also \u003ca href=\"http://www.ewg.org/planet-trump/2017/01/ewg-investigates-scott-pruitt-s-war-drinking-water\" target=\"_blank\">suggest Pruitt stalled a state lawsuit regarding water pollution\u003c/a> from chicken manure after receiving contributions linked to the poultry industry.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Kay Mills of Missouri worries that big corporations will have Pruitt's ear on policy. She and other members of the Moms Clean Air Force traveled to Washington, D.C., to pressure their senators to reject Pruitt's nomination.\u003c/p>\n\u003cp>\"I'm really concerned about Scott Pruitt's rejection of science,\" Mills says. \"In particular, his rejection of the science around mercury pollution. As a pregnant mother ... I've been thinking a lot about mercury and how that impacts my unborn baby.\"\u003c/p>\n\u003cp>Pruitt's industry ties are seen as a good thing by many of his supporters, and he is likely to get a positive reception from Republican senators from fossil fuel-producing states. Groups representing drillers and miners say their economic concerns were largely ignored over the past eight years.\u003c/p>\n\u003cp>\"We can achieve the goals of environmental improvement without sacrificing our economic development, energy security, jobs,\" Marty Durbin of the American Petroleum Institute told reporters in endorsing Pruitt.\u003c/p>\n\u003cp>Pruitt also has been \u003ca href=\"https://cei.org/content/cei-joins-coalition-letter-supporting-pruitt-nomination-epa\">enthusiastically endorsed\u003c/a> by nearly two dozen conservative advocacy groups who feel the EPA under President Obama has overreached. In a joint statement, groups including the American Energy Alliance and Americans for Tax Reform call Pruitt a \"stalwart defender against federal intrusion into state and individual rights.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2017 NPR. To see more, visit \u003ca href=\"http://www.npr.org/\" target=\"_blank\">NPR.org\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cstrong>Update, 10:30 a.m. Wednesday:\u003c/strong> The widow of the Orlando nightclub gunman pleaded not guilty to charges that she aided and abetted her husband’s support of the Islamic State group and then hindered the investigation of the attack.\u003c/p>\n\u003cp>Noor Salman entered her plea Wednesday in an Oakland courtroom two days after her arrest at the home she shared with her mother in Rodeo.\u003c/p>\n\u003cp>She will return to court Feb. 1 to argue for her release pending trial on the charges that could result in a life sentence if she is convicted.\u003c/p>\n\u003cp>Prosecutors and Salman’s lawyers declined comment after the hearing.\u003c/p>\n\u003cp>Prosecutors alleged Tuesday that the 30-year-old Salman knew her husband, Omar Mateen, planned to attack the Pulse nightclub, a gay bar where he killed 49 people and injured more than 50 others.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Original Post:\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>The widow of the Orlando nightclub gunman has been charged with helping her husband in the months leading up to the June massacre that left 49 people dead, according to \u003ca href=\"https://www.justice.gov/usao-mdfl/press-release/file/926691/download\" target=\"_blank\" rel=\"noopener\">a federal indictment\u003c/a> unsealed Tuesday.\u003c/p>\n\u003cp>Noor Salman, 30, is due in federal court in Oakland on Tuesday, following her Monday arrest in Rodeo.\u003c/p>\n\u003cp>The two-count indictment accuses her of knowingly aiding and abetting her husband, Omar Mateen, in providing material support and resources to the Islamic State group between April and June of last year. It also says she knowingly misled police and the FBI after the June 12 attack at the Pulse nightclub. The charging document does not give additional details on Salman’s actions.\u003c/p>\n\u003cp>Mateen died in a shootout with police.\u003c/p>\n\u003cp>Salman is from the Bay Area and in the aftermath of the Orlando attack she returned here with her son, whose name she has since sought to change. She was repeatedly questioned by the FBI about whether she had any knowledge of her husband’s plans.\u003c/p>\n\u003cp>Her attorney, Linda Moreno, said after her arrest on Monday that she “had no foreknowledge nor could she predict what Omar Mateen intended to do that tragic night.”\u003c/p>\n\u003cp>Salman told the New York Times in an interview published in November that she knew her husband had watched jihadist videos but was “unaware of everything” regarding his intent to shoot up the club. Salman also said he had physically abused her, which her attorney reiterated Monday.\u003c/p>\n\u003cp>“Noor has told her story of abuse at his hands,” Moreno said. “We believe it is misguided and wrong to prosecute her, and that it dishonors the memories of the victims to punish an innocent person.”\u003c/p>\n\u003cp>U.S. Attorney General Loretta Lynch said in a Monday interview with MSNBC that “from the beginning, we were going to look at every aspect of this, of every aspect of this shooter’s life to determine not just why did he take these actions — but who else knew about them? Was anyone else involved?”\u003c/p>\n\u003cp>Salman met Mateen online and the two married in 2011. They lived in Fort Pierce, Florida, at the time of the shooting.\u003c/p>\n\u003cp>Mateen pledged allegiance to the Islamic State group in a 911 call during the three-hour standoff that ended in his death. Forty-nine patrons were killed and another 53 were hospitalized.\u003c/p>\n\u003cp>“Nothing can erase the pain we all feel about the senseless and brutal murders of 49 of our neighbors, friends, family members and loved ones,” Orlando Police Chief John Mina said Monday. “But today, there is some relief in knowing that someone will be held accountable for that horrific crime.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Tucker reported from Washington. Follow him on Twitter at \u003ca href=\"http://www.twitter.com/etuckerAP\" target=\"_blank\" rel=\"noopener\">http://www.twitter.com/etuckerAP\u003c/a>.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 10:30 a.m. Wednesday:\u003c/strong> The widow of the Orlando nightclub gunman pleaded not guilty to charges that she aided and abetted her husband’s support of the Islamic State group and then hindered the investigation of the attack.\u003c/p>\n\u003cp>Noor Salman entered her plea Wednesday in an Oakland courtroom two days after her arrest at the home she shared with her mother in Rodeo.\u003c/p>\n\u003cp>She will return to court Feb. 1 to argue for her release pending trial on the charges that could result in a life sentence if she is convicted.\u003c/p>\n\u003cp>Prosecutors and Salman’s lawyers declined comment after the hearing.\u003c/p>\n\u003cp>Prosecutors alleged Tuesday that the 30-year-old Salman knew her husband, Omar Mateen, planned to attack the Pulse nightclub, a gay bar where he killed 49 people and injured more than 50 others.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Original Post:\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>The widow of the Orlando nightclub gunman has been charged with helping her husband in the months leading up to the June massacre that left 49 people dead, according to \u003ca href=\"https://www.justice.gov/usao-mdfl/press-release/file/926691/download\" target=\"_blank\" rel=\"noopener\">a federal indictment\u003c/a> unsealed Tuesday.\u003c/p>\n\u003cp>Noor Salman, 30, is due in federal court in Oakland on Tuesday, following her Monday arrest in Rodeo.\u003c/p>\n\u003cp>The two-count indictment accuses her of knowingly aiding and abetting her husband, Omar Mateen, in providing material support and resources to the Islamic State group between April and June of last year. It also says she knowingly misled police and the FBI after the June 12 attack at the Pulse nightclub. The charging document does not give additional details on Salman’s actions.\u003c/p>\n\u003cp>Mateen died in a shootout with police.\u003c/p>\n\u003cp>Salman is from the Bay Area and in the aftermath of the Orlando attack she returned here with her son, whose name she has since sought to change. She was repeatedly questioned by the FBI about whether she had any knowledge of her husband’s plans.\u003c/p>\n\u003cp>Her attorney, Linda Moreno, said after her arrest on Monday that she “had no foreknowledge nor could she predict what Omar Mateen intended to do that tragic night.”\u003c/p>\n\u003cp>Salman told the New York Times in an interview published in November that she knew her husband had watched jihadist videos but was “unaware of everything” regarding his intent to shoot up the club. Salman also said he had physically abused her, which her attorney reiterated Monday.\u003c/p>\n\u003cp>“Noor has told her story of abuse at his hands,” Moreno said. “We believe it is misguided and wrong to prosecute her, and that it dishonors the memories of the victims to punish an innocent person.”\u003c/p>\n\u003cp>U.S. Attorney General Loretta Lynch said in a Monday interview with MSNBC that “from the beginning, we were going to look at every aspect of this, of every aspect of this shooter’s life to determine not just why did he take these actions — but who else knew about them? Was anyone else involved?”\u003c/p>\n\u003cp>Salman met Mateen online and the two married in 2011. They lived in Fort Pierce, Florida, at the time of the shooting.\u003c/p>\n\u003cp>Mateen pledged allegiance to the Islamic State group in a 911 call during the three-hour standoff that ended in his death. Forty-nine patrons were killed and another 53 were hospitalized.\u003c/p>\n\u003cp>“Nothing can erase the pain we all feel about the senseless and brutal murders of 49 of our neighbors, friends, family members and loved ones,” Orlando Police Chief John Mina said Monday. “But today, there is some relief in knowing that someone will be held accountable for that horrific crime.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Tucker reported from Washington. Follow him on Twitter at \u003ca href=\"http://www.twitter.com/etuckerAP\" target=\"_blank\" rel=\"noopener\">http://www.twitter.com/etuckerAP\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Global Warming Drives Record Heat For Third Straight Year",
"headTitle": "Global Warming Drives Record Heat For Third Straight Year | KQED",
"content": "\u003cp>For three years in a row now, our Earth has experienced record high temperatures.\u003c/p>\n\u003cp>On Wednesday, \u003ca href=\"https://www.nasa.gov/\" target=\"_blank\" rel=\"noopener\">NASA\u003c/a> and the \u003ca href=\"http://www.noaa.gov/\" target=\"_blank\" rel=\"noopener\">National Oceanic and Atmospheric Administration\u003c/a> announced that globally, 2016 was the hottest year since modern record keeping began in 1880. It follows 2015 and 2014, which were the previous highs.\u003c/p>\n\u003caside class=\"pullquote alignright\">The top five hottest years have all been in the 21st century.\u003c/aside>\n\u003cp>The 2016 average global temperature was 58.69 degrees—0.07 degrees above the 2015 global average. And the difference is even bigger when compared to the last century.\u003c/p>\n\u003cp>During 2016, the average global temperature was \u003ca id=\"anch_36\" title=\"bar chart of the global temperature time series from 1880 through 2016\" href=\"https://www.ncdc.noaa.gov/sotc/service/global/global-land-ocean-mntp-anom/201601-201612.png\">1.69°F above \u003c/a>the 20\u003csup>th\u003c/sup> century average.\u003c/p>\n\u003cp>Several places also reported historic high temperatures. New Zealand, India and the Arctic all experienced record warm years in 2016. For the U.S., 2016 was the \u003ca href=\"http://www.noaa.gov/news/2016-was-2nd-warmest-year-on-record-for-us\" target=\"_blank\" rel=\"noopener\">second warmest year\u003c/a> on record. In California, 2016 was the \u003ca href=\"https://www.ncdc.noaa.gov/cag/time-series/us/4/0/tavg/ytd/12/1900-2016?base_prd=true&firstbaseyear=1901&lastbaseyear=2000\" target=\"_blank\" rel=\"noopener\">third warmest on record\u003c/a> at 2.8°F above the mean of 57.4°F.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Scientists say no land areas were cooler than average during 2016. And the top five hottest years—2016, 2015, 2014, 2010 and 2005—all happened in the current century.\u003c/p>\n\u003cp>Most of the warming is due to greenhouse gases like carbon dioxide that trap heat in the atmosphere. Only about 10 percent, during 2016, was attributable to El Niño, according to the scientists.\u003c/p>\n\u003cp>Worldwide, many nations have set a goal of keeping temperatures from rising 1.5°C above pre-industrial levels, to stave off the worst effects of climate change including floods, droughts, storms, and heat waves.\u003c/p>\n\u003cp>“How quickly we get to 1.5, that’s really a question of how much carbon we keep emitting,” says Gavin Schmidt, director of NASA’s \u003ca href=\"https://www.giss.nasa.gov/\" target=\"_blank\" rel=\"noopener\">Goddard Institute for Space Studies\u003c/a>. “We’re closer than we’d like to be.”\u003c/p>\n\u003cp>Right now we’re only .4 degrees away, \u003ca href=\"https://science.nasa.gov/nasa-noaa-data-show-2016-warmest-year-record-globally\" target=\"_blank\" rel=\"noopener\">according to NASA\u003c/a>. The Earth’s average global temperature has risen about 1.1 degrees Celsius since the late 19th century.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As for 2017—it’ll be another warm one. Schmidt says because of La Niña it’ll likely be cooler than 2016. But he predicts 2017 will still make the top five in terms of record-breaking global temperatures.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>For three years in a row now, our Earth has experienced record high temperatures.\u003c/p>\n\u003cp>On Wednesday, \u003ca href=\"https://www.nasa.gov/\" target=\"_blank\" rel=\"noopener\">NASA\u003c/a> and the \u003ca href=\"http://www.noaa.gov/\" target=\"_blank\" rel=\"noopener\">National Oceanic and Atmospheric Administration\u003c/a> announced that globally, 2016 was the hottest year since modern record keeping began in 1880. It follows 2015 and 2014, which were the previous highs.\u003c/p>\n\u003caside class=\"pullquote alignright\">The top five hottest years have all been in the 21st century.\u003c/aside>\n\u003cp>The 2016 average global temperature was 58.69 degrees—0.07 degrees above the 2015 global average. And the difference is even bigger when compared to the last century.\u003c/p>\n\u003cp>During 2016, the average global temperature was \u003ca id=\"anch_36\" title=\"bar chart of the global temperature time series from 1880 through 2016\" href=\"https://www.ncdc.noaa.gov/sotc/service/global/global-land-ocean-mntp-anom/201601-201612.png\">1.69°F above \u003c/a>the 20\u003csup>th\u003c/sup> century average.\u003c/p>\n\u003cp>Several places also reported historic high temperatures. New Zealand, India and the Arctic all experienced record warm years in 2016. For the U.S., 2016 was the \u003ca href=\"http://www.noaa.gov/news/2016-was-2nd-warmest-year-on-record-for-us\" target=\"_blank\" rel=\"noopener\">second warmest year\u003c/a> on record. In California, 2016 was the \u003ca href=\"https://www.ncdc.noaa.gov/cag/time-series/us/4/0/tavg/ytd/12/1900-2016?base_prd=true&firstbaseyear=1901&lastbaseyear=2000\" target=\"_blank\" rel=\"noopener\">third warmest on record\u003c/a> at 2.8°F above the mean of 57.4°F.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Scientists say no land areas were cooler than average during 2016. And the top five hottest years—2016, 2015, 2014, 2010 and 2005—all happened in the current century.\u003c/p>\n\u003cp>Most of the warming is due to greenhouse gases like carbon dioxide that trap heat in the atmosphere. Only about 10 percent, during 2016, was attributable to El Niño, according to the scientists.\u003c/p>\n\u003cp>Worldwide, many nations have set a goal of keeping temperatures from rising 1.5°C above pre-industrial levels, to stave off the worst effects of climate change including floods, droughts, storms, and heat waves.\u003c/p>\n\u003cp>“How quickly we get to 1.5, that’s really a question of how much carbon we keep emitting,” says Gavin Schmidt, director of NASA’s \u003ca href=\"https://www.giss.nasa.gov/\" target=\"_blank\" rel=\"noopener\">Goddard Institute for Space Studies\u003c/a>. “We’re closer than we’d like to be.”\u003c/p>\n\u003cp>Right now we’re only .4 degrees away, \u003ca href=\"https://science.nasa.gov/nasa-noaa-data-show-2016-warmest-year-record-globally\" target=\"_blank\" rel=\"noopener\">according to NASA\u003c/a>. The Earth’s average global temperature has risen about 1.1 degrees Celsius since the late 19th century.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As for 2017—it’ll be another warm one. Schmidt says because of La Niña it’ll likely be cooler than 2016. But he predicts 2017 will still make the top five in terms of record-breaking global temperatures.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>What would you do with a few tons of steel left over from the demolition of the eastern span of the Oakland-San Francisco Bay Bridge?\u003c/p>\n\u003cp>Well 15 artists and design teams will get a chance to build, among other things, playful structures on Treasure Island, artwork just north of the Ferry Building, a sundial at Laney College, a sculpture near the Petaluma River and the platform for a miniature railroad in Truckee.\u003c/p>\n\u003cp>\u003ca href=\"http://museumca.org/\" target=\"_blank\" rel=\"noopener\">The Oakland Museum of California\u003c/a> Tuesday announced the final five winners of sections of steel, rivets and an old Bay Bridge warning light, all to be used in public projects around California. \u003ca href=\"http://mtc.ca.gov/about-mtc/what-mtc/bay-area-toll-authority-bata\" target=\"_blank\" rel=\"noopener\">The Bay Area Toll Authority\u003c/a> had put the museum in charge of sifting through applications from dozens of artists who wanted to work with material from the iconic cantilever section of the bridge. OMCA had picked some of the winners in earlier announcements.\u003c/p>\n\u003cfigure id=\"attachment_12640890\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12640890\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2017/01/Eastern-Span-of-the-Old-Bay-Bridge.jpg\" alt=\"The eastern span of the old Bay Bridge\" width=\"640\" height=\"360\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/Eastern-Span-of-the-Old-Bay-Bridge.jpg 640w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/Eastern-Span-of-the-Old-Bay-Bridge-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/Eastern-Span-of-the-Old-Bay-Bridge-240x135.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/Eastern-Span-of-the-Old-Bay-Bridge-375x211.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/Eastern-Span-of-the-Old-Bay-Bridge-520x293.jpg 520w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">The eastern span of the old Bay Bridge \u003ccite>(Bryan Goebel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A statement from OMCA says the toll authority will begin to distribute the steel in the spring of this year.\u003c/p>\n\u003cp>Among the newly chosen projects, one that seems timed to the inauguration of President-elect Trump; “Building Bridges, Not Walls,” by the \u003ca href=\"https://livingnewdeal.org/\" target=\"_blank\" rel=\"noopener\">Living New Deal Project\u003c/a>, highlighting the contributions of immigrant workers in building the bridge.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>What would you do with a few tons of steel left over from the demolition of the eastern span of the Oakland-San Francisco Bay Bridge?\u003c/p>\n\u003cp>Well 15 artists and design teams will get a chance to build, among other things, playful structures on Treasure Island, artwork just north of the Ferry Building, a sundial at Laney College, a sculpture near the Petaluma River and the platform for a miniature railroad in Truckee.\u003c/p>\n\u003cp>\u003ca href=\"http://museumca.org/\" target=\"_blank\" rel=\"noopener\">The Oakland Museum of California\u003c/a> Tuesday announced the final five winners of sections of steel, rivets and an old Bay Bridge warning light, all to be used in public projects around California. \u003ca href=\"http://mtc.ca.gov/about-mtc/what-mtc/bay-area-toll-authority-bata\" target=\"_blank\" rel=\"noopener\">The Bay Area Toll Authority\u003c/a> had put the museum in charge of sifting through applications from dozens of artists who wanted to work with material from the iconic cantilever section of the bridge. OMCA had picked some of the winners in earlier announcements.\u003c/p>\n\u003cfigure id=\"attachment_12640890\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12640890\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2017/01/Eastern-Span-of-the-Old-Bay-Bridge.jpg\" alt=\"The eastern span of the old Bay Bridge\" width=\"640\" height=\"360\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/Eastern-Span-of-the-Old-Bay-Bridge.jpg 640w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/Eastern-Span-of-the-Old-Bay-Bridge-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/Eastern-Span-of-the-Old-Bay-Bridge-240x135.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/Eastern-Span-of-the-Old-Bay-Bridge-375x211.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/Eastern-Span-of-the-Old-Bay-Bridge-520x293.jpg 520w\" sizes=\"(max-width: 640px) 100vw, 640px\">\u003cfigcaption class=\"wp-caption-text\">The eastern span of the old Bay Bridge \u003ccite>(Bryan Goebel/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A statement from OMCA says the toll authority will begin to distribute the steel in the spring of this year.\u003c/p>\n\u003cp>Among the newly chosen projects, one that seems timed to the inauguration of President-elect Trump; “Building Bridges, Not Walls,” by the \u003ca href=\"https://livingnewdeal.org/\" target=\"_blank\" rel=\"noopener\">Living New Deal Project\u003c/a>, highlighting the contributions of immigrant workers in building the bridge.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "18 Million People Could Lose Insurance in First Year After Partial Obamacare Repeal",
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"content": "\u003cp>A partial repeal of Obamacare could leave 18 million people who have insurance today with no coverage one year later, according to an \u003ca href=\"https://www.cbo.gov/sites/default/files/115th-congress-2017-2018/reports/52371-coverageandpremiums.pdf\">analysis by the nonpartisan Congressional Budget Office\u003c/a>.\u003c/p>\n\u003cp>The report estimates that 32 million people would lose their insurance over 10 years.\u003c/p>\n\u003cp>The CBO based its estimates on \u003ca href=\"https://www.congress.gov/bill/114th-congress/house-bill/3762/text\">a bill\u003c/a> passed by Republicans and vetoed by President Obama in 2015. That bill amounted to a partial repeal of the Affordable Care Act, also called Obamacare, eliminating the penalty for people who didn't have health insurance. It also cut out the government subsidies that currently help people pay their premiums.\u003c/p>\n\u003cp>The CBO estimated that getting rid of the penalty for people who do not purchase insurance would lead to 18 million fewer insured people within a year and that the number would eventually grow to 32 million after subsidies and a Medicaid expansion were also eliminated.\u003c/p>\n\u003cp>As NPR's Alison Kodjak reported, \"Congressional Republicans haven't introduced legislation to repeal Obamacare yet [this year], but they've suggested they'll follow the model of the previous [2015] bill.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>So far, lawmakers pushing for the repeal have no plan for encouraging people to have insurance without the mandate and subsidies.\u003c/p>\n\u003cp>\"We're not holding hard deadlines, only because we want to get it right,\" House Speaker Paul Ryan, R-Wis., \u003ca href=\"http://www.npr.org/2017/01/14/509686528/gops-go-slow-rescue-mission-plan-to-replace-obamacare\">said last week\u003c/a>.\u003c/p>\n\u003cp>[contextly_sidebar id=\"yJ6ezMwILxFPD2mGpWfDtTSMvsyxWokb\"]\u003c/p>\n\u003cp>On Monday, President-elect Donald Trump \u003ca href=\"https://www.washingtonpost.com/politics/trump-vows-insurance-for-everybody-in-obamacare-replacement-plan/2017/01/15/5f2b1e18-db5d-11e6-ad42-f3375f271c9c_story.html?hpid=hp_hp-top-table-main_trump-interview-822pm%3Ahomepage%2Fstory&utm_term=.71f5d1ccae88\">told the Washington Post\u003c/a> he was working on a plan to replace the Affordable Care Act with a proposal that would provide \"insurance for everybody.\"\u003c/p>\n\u003cp>\u003ca href=\"http://www.npr.org/sections/thetwo-way/2017/01/16/510083587/trump-pressures-congress-to-replace-obamacare-quickly\">As we reported\u003c/a>, \"he did not get into any specific details about his health care plan during a telephone interview with the newspaper. But he did say it would be 'much less expensive' and would involve 'much lower deductibles.' \"\u003c/p>\n\u003cp>He also told the newspaper he does not plan to cut benefits for Medicare and that he does not want a single-payer health care system.\u003c/p>\n\u003cp>The CBO analysis makes clear that repealing Obamacare would affect millions of Americans, even those who do not lose their health insurance outright. The report found that in the first year after a repeal-without-replacement law, premiums would rise about 20 to 25 percent over the levels predicted with Obamacare, which itself has been criticized for its failure to control premium costs.\u003c/p>\n\u003cp>The analysis also found that without the federal mandate requiring people to buy insurance, some insurance companies would stop offering plans, and in the first year \"roughly 10 percent of the population would be living in an area that had no insurer participating\" in the market for individuals buying health insurance.\u003c/p>\n\u003cp>By 2026, that would grow to 75 percent of the general U.S. population.\u003c/p>\n\u003cp>Although Republicans have \u003ca href=\"http://www.npr.org/sections/health-shots/2017/01/03/508074966/republicans-take-the-first-step-to-repeal-obamacare\">already taken steps toward a partial repeal\u003c/a>, the marketplaces established by Obamacare are still operating. Open enrollment for 2017 ends Jan. 31, with a \u003ca href=\"https://www.healthcare.gov/glossary/special-enrollment-period/\">few exceptions\u003c/a>, as \u003ca href=\"http://www.npr.org/sections/health-shots/2016/12/28/507102580/for-many-fewer-obamacare-choices-doesnt-mean-higher-prices\">NPR has reported\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2017 NPR. To see more, visit \u003ca href=\"http://www.npr.org/\" target=\"_blank\">NPR.org\u003c/a>.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A partial repeal of Obamacare could leave 18 million people who have insurance today with no coverage one year later, according to an \u003ca href=\"https://www.cbo.gov/sites/default/files/115th-congress-2017-2018/reports/52371-coverageandpremiums.pdf\">analysis by the nonpartisan Congressional Budget Office\u003c/a>.\u003c/p>\n\u003cp>The report estimates that 32 million people would lose their insurance over 10 years.\u003c/p>\n\u003cp>The CBO based its estimates on \u003ca href=\"https://www.congress.gov/bill/114th-congress/house-bill/3762/text\">a bill\u003c/a> passed by Republicans and vetoed by President Obama in 2015. That bill amounted to a partial repeal of the Affordable Care Act, also called Obamacare, eliminating the penalty for people who didn't have health insurance. It also cut out the government subsidies that currently help people pay their premiums.\u003c/p>\n\u003cp>The CBO estimated that getting rid of the penalty for people who do not purchase insurance would lead to 18 million fewer insured people within a year and that the number would eventually grow to 32 million after subsidies and a Medicaid expansion were also eliminated.\u003c/p>\n\u003cp>As NPR's Alison Kodjak reported, \"Congressional Republicans haven't introduced legislation to repeal Obamacare yet [this year], but they've suggested they'll follow the model of the previous [2015] bill.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>So far, lawmakers pushing for the repeal have no plan for encouraging people to have insurance without the mandate and subsidies.\u003c/p>\n\u003cp>\"We're not holding hard deadlines, only because we want to get it right,\" House Speaker Paul Ryan, R-Wis., \u003ca href=\"http://www.npr.org/2017/01/14/509686528/gops-go-slow-rescue-mission-plan-to-replace-obamacare\">said last week\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>On Monday, President-elect Donald Trump \u003ca href=\"https://www.washingtonpost.com/politics/trump-vows-insurance-for-everybody-in-obamacare-replacement-plan/2017/01/15/5f2b1e18-db5d-11e6-ad42-f3375f271c9c_story.html?hpid=hp_hp-top-table-main_trump-interview-822pm%3Ahomepage%2Fstory&utm_term=.71f5d1ccae88\">told the Washington Post\u003c/a> he was working on a plan to replace the Affordable Care Act with a proposal that would provide \"insurance for everybody.\"\u003c/p>\n\u003cp>\u003ca href=\"http://www.npr.org/sections/thetwo-way/2017/01/16/510083587/trump-pressures-congress-to-replace-obamacare-quickly\">As we reported\u003c/a>, \"he did not get into any specific details about his health care plan during a telephone interview with the newspaper. But he did say it would be 'much less expensive' and would involve 'much lower deductibles.' \"\u003c/p>\n\u003cp>He also told the newspaper he does not plan to cut benefits for Medicare and that he does not want a single-payer health care system.\u003c/p>\n\u003cp>The CBO analysis makes clear that repealing Obamacare would affect millions of Americans, even those who do not lose their health insurance outright. The report found that in the first year after a repeal-without-replacement law, premiums would rise about 20 to 25 percent over the levels predicted with Obamacare, which itself has been criticized for its failure to control premium costs.\u003c/p>\n\u003cp>The analysis also found that without the federal mandate requiring people to buy insurance, some insurance companies would stop offering plans, and in the first year \"roughly 10 percent of the population would be living in an area that had no insurer participating\" in the market for individuals buying health insurance.\u003c/p>\n\u003cp>By 2026, that would grow to 75 percent of the general U.S. population.\u003c/p>\n\u003cp>Although Republicans have \u003ca href=\"http://www.npr.org/sections/health-shots/2017/01/03/508074966/republicans-take-the-first-step-to-repeal-obamacare\">already taken steps toward a partial repeal\u003c/a>, the marketplaces established by Obamacare are still operating. Open enrollment for 2017 ends Jan. 31, with a \u003ca href=\"https://www.healthcare.gov/glossary/special-enrollment-period/\">few exceptions\u003c/a>, as \u003ca href=\"http://www.npr.org/sections/health-shots/2016/12/28/507102580/for-many-fewer-obamacare-choices-doesnt-mean-higher-prices\">NPR has reported\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2017 NPR. To see more, visit \u003ca href=\"http://www.npr.org/\" target=\"_blank\">NPR.org\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "As Questions Linger, Suspect's Arraignment Postponed in Berkeley Killing",
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"content": "\u003cp>\u003cstrong>Update, 6:35 p.m.:\u003c/strong> The Cal student facing a murder charge in the Jan. 6 death of a Berkeley woman was granted a two-week delay in his formal arraignment Tuesday to give him time to secure defense counsel.\u003c/p>\n\u003cp>The student, Pablo Gomez, 22, is suspected of a fatal knife attack on Emilie Juliette Inman, 27, in her Ashby Avenue home.\u003c/p>\n\u003cp>Gomez also faces charges of attempted murder and assault with a deadly weapon on a Berkeley student found slashed and bleeding on a street north of the UC Berkeley campus late the morning of Jan. 6. Gomez is further accused of robbing a third woman, also a Cal student, in her home the same day of the attacks.\u003c/p>\n\u003cp>\u003cstrong>Original post:\u003c/strong> A Cal student suspected of a fatal Jan. 6 knife attack on a Berkeley woman and the slashing of another is scheduled to be arraigned Tuesday in Alameda County Superior Court in Oakland.\u003c/p>\n\u003cp>Pablo Gomez Jr. was arrested on one count of murder in the death of Emilie Juliette Inman, 27, and with attempted murder of a female student at Berkeley who has not been publicly identified.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gomez, 22, is a Chicano Studies major from North Hollywood who was active in a variety of political causes at Cal. His arraignment, originally scheduled for 9 a.m., was moved back to 2 p.m.\u003c/p>\n\u003cp>Gomez's alleged attack on Inman, a UC Santa Cruz graduate who had worked as an environmental educator and was training to be a Waldorf teacher, is believed to have occurred at her Ashby Avenue home late the morning of Jan. 6.\u003c/p>\n\u003cp>Gomez is alleged to have then attacked the second victim and driven with her to Ridge Road and La Loma Avenue, just north of campus. Berkeley police dispatch recordings suggest that Gomez took keys to the second victim's car and apartment and left the neighborhood.\u003c/p>\n\u003cp>The woman reportedly flagged down a passer-by, who called 911 at 11:42 a.m. She had suffered serious injuries to her face, arms and back.\u003c/p>\n\u003cp>Among the many circumstances that have drawn attention to the case is the delay between the initial attack on Inman and the discovery of her body.\u003c/p>\n\u003cp>Dispatch recordings suggest that the second victim told police of the exact address Gomez had visited on Ashby Avenue, across the street from Alta Bates Hospital, and that officers arrived there by 11:56 a.m. to find the front door of the residence \"wide open.\" Officers also reported the presence of a car, registered to Inman at another address, in the driveway.\u003c/p>\n\u003cp>A few minutes later, an unidentified supervisor instructed officers at the Ashby Avenue address to \"hold off on any contact there until we figure out what's going on.\" Just before 12:30 p.m., the supervisor said officers would be entering the home to \"clear\" it -- a process reportedly completed within 10 minutes. Officers discovered no additional victims at that point, though the supervisor said there was evidence of an assault \"inside and outside the house.\"\u003c/p>\n\u003cp>Police spent the balance of the day searching for Gomez. They visited several addresses, including an apartment complex on Haste Street where the second victim lived and a student group residence on Prospect Street.\u003c/p>\n\u003cp>In the meantime, Inman had not been seen since the time of the attack, and friends and family circulated word that she was missing.\u003c/p>\n\u003cp>Berkeley police have declined to discuss when or how Inman's body was found, only saying it was \"much later\" than the reported attack.\u003c/p>\n\u003cp>Dispatch recordings suggest that it wasn't until about 11 p.m., nearly 12 hours after Gomez is believed to have visited the house, that her body was found.\u003c/p>\n\u003cp>About 11:15 p.m., a Berkeley fire dispatcher requested that one of the department's medical units report to the residence.\u003c/p>\n\u003cp>\"We have this very suspicious case that PD has been working on all day ... I'm sure you heard about it -- with the stabbing, and now we need a silent approach [no sirens], just a medical, to confirm a DBF [dead body found] on Ashby,\" the dispatcher said.\u003c/p>\n\u003cp>After the attacks, Gomez traveled to Los Angeles and checked himself into a hospital in Burbank. The Gomez family retained a local lawyer, Michael Levin, who negotiated a surrender to local police on Saturday, Jan. 7.\u003c/p>\n\u003cp>\"The concern is that when individuals are being cast in the news (as) 'extremely dangerous and armed' and someone simply calls the police, the SWAT team comes in, someone could be killed -- something could be easily escalated,\" Levin said in an interview Monday. \"The purpose of bringing me in was to ensure a very safe surrender to make also sure at the time to have counsel retained, that he is asserting his right to remain silent, and I also contacted homicide detectives in Berkeley. Basically, I was there to protect him.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Berkeley police returned Gomez to the Bay Area from Los Angeles on Thursday. Levin said he expects a public defender to represent Gomez during court proceedings.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 6:35 p.m.:\u003c/strong> The Cal student facing a murder charge in the Jan. 6 death of a Berkeley woman was granted a two-week delay in his formal arraignment Tuesday to give him time to secure defense counsel.\u003c/p>\n\u003cp>The student, Pablo Gomez, 22, is suspected of a fatal knife attack on Emilie Juliette Inman, 27, in her Ashby Avenue home.\u003c/p>\n\u003cp>Gomez also faces charges of attempted murder and assault with a deadly weapon on a Berkeley student found slashed and bleeding on a street north of the UC Berkeley campus late the morning of Jan. 6. Gomez is further accused of robbing a third woman, also a Cal student, in her home the same day of the attacks.\u003c/p>\n\u003cp>\u003cstrong>Original post:\u003c/strong> A Cal student suspected of a fatal Jan. 6 knife attack on a Berkeley woman and the slashing of another is scheduled to be arraigned Tuesday in Alameda County Superior Court in Oakland.\u003c/p>\n\u003cp>Pablo Gomez Jr. was arrested on one count of murder in the death of Emilie Juliette Inman, 27, and with attempted murder of a female student at Berkeley who has not been publicly identified.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gomez, 22, is a Chicano Studies major from North Hollywood who was active in a variety of political causes at Cal. His arraignment, originally scheduled for 9 a.m., was moved back to 2 p.m.\u003c/p>\n\u003cp>Gomez's alleged attack on Inman, a UC Santa Cruz graduate who had worked as an environmental educator and was training to be a Waldorf teacher, is believed to have occurred at her Ashby Avenue home late the morning of Jan. 6.\u003c/p>\n\u003cp>Gomez is alleged to have then attacked the second victim and driven with her to Ridge Road and La Loma Avenue, just north of campus. Berkeley police dispatch recordings suggest that Gomez took keys to the second victim's car and apartment and left the neighborhood.\u003c/p>\n\u003cp>The woman reportedly flagged down a passer-by, who called 911 at 11:42 a.m. She had suffered serious injuries to her face, arms and back.\u003c/p>\n\u003cp>Among the many circumstances that have drawn attention to the case is the delay between the initial attack on Inman and the discovery of her body.\u003c/p>\n\u003cp>Dispatch recordings suggest that the second victim told police of the exact address Gomez had visited on Ashby Avenue, across the street from Alta Bates Hospital, and that officers arrived there by 11:56 a.m. to find the front door of the residence \"wide open.\" Officers also reported the presence of a car, registered to Inman at another address, in the driveway.\u003c/p>\n\u003cp>A few minutes later, an unidentified supervisor instructed officers at the Ashby Avenue address to \"hold off on any contact there until we figure out what's going on.\" Just before 12:30 p.m., the supervisor said officers would be entering the home to \"clear\" it -- a process reportedly completed within 10 minutes. Officers discovered no additional victims at that point, though the supervisor said there was evidence of an assault \"inside and outside the house.\"\u003c/p>\n\u003cp>Police spent the balance of the day searching for Gomez. They visited several addresses, including an apartment complex on Haste Street where the second victim lived and a student group residence on Prospect Street.\u003c/p>\n\u003cp>In the meantime, Inman had not been seen since the time of the attack, and friends and family circulated word that she was missing.\u003c/p>\n\u003cp>Berkeley police have declined to discuss when or how Inman's body was found, only saying it was \"much later\" than the reported attack.\u003c/p>\n\u003cp>Dispatch recordings suggest that it wasn't until about 11 p.m., nearly 12 hours after Gomez is believed to have visited the house, that her body was found.\u003c/p>\n\u003cp>About 11:15 p.m., a Berkeley fire dispatcher requested that one of the department's medical units report to the residence.\u003c/p>\n\u003cp>\"We have this very suspicious case that PD has been working on all day ... I'm sure you heard about it -- with the stabbing, and now we need a silent approach [no sirens], just a medical, to confirm a DBF [dead body found] on Ashby,\" the dispatcher said.\u003c/p>\n\u003cp>After the attacks, Gomez traveled to Los Angeles and checked himself into a hospital in Burbank. The Gomez family retained a local lawyer, Michael Levin, who negotiated a surrender to local police on Saturday, Jan. 7.\u003c/p>\n\u003cp>\"The concern is that when individuals are being cast in the news (as) 'extremely dangerous and armed' and someone simply calls the police, the SWAT team comes in, someone could be killed -- something could be easily escalated,\" Levin said in an interview Monday. \"The purpose of bringing me in was to ensure a very safe surrender to make also sure at the time to have counsel retained, that he is asserting his right to remain silent, and I also contacted homicide detectives in Berkeley. Basically, I was there to protect him.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Berkeley police returned Gomez to the Bay Area from Los Angeles on Thursday. Levin said he expects a public defender to represent Gomez during court proceedings.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "california-says-oil-companies-can-keep-dumping-wastewater-during-state-review",
"title": "California Says Oil Companies Can Keep Dumping Wastewater During State Review",
"publishDate": 1484697602,
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"headTitle": "California Says Oil Companies Can Keep Dumping Wastewater During State Review | KQED",
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"content": "\u003cp>For decades, California oil companies have disposed of wastewater by pumping it into aquifers that were supposed to be protected by federal law.\u003c/p>\n\u003cp>California regulators mistakenly granted permits to do it, through a combination of poor record keeping, miscommunication and permitting errors.\u003c/p>\n\u003cp>Now, years after the errors first emerged, state officials say that 460 underground injection wells that were disposing of wastewater illegally will be shut down.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘We don’t know the true extent of the damage.’\u003ccite>Hollin Kretzmann, Center for Biological Diversity\u003c/cite>\u003c/aside>\n\u003cp>However, the state will miss a deadline to shut down 1,650 other wastewater wells operated by oil companies. In fact, they don’t intend to shut them down at all.\u003c/p>\n\u003cp>Many of these wastewater wells are near Central Valley farmland, where groundwater has been a critical water source as reservoirs dried up during the state’s historic drought.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The wells were scheduled to be closed by mid-February this year, unless both federal and state water officials approved them through a public review process.\u003c/p>\n\u003cp>But California oil regulators are still in the process of filing the necessary paperwork for the environmental reviews.\u003c/p>\n\u003cp>Until that happens, state regulators announced today that the wells will be allowed to continue operating. They say the 1,650 wells are disposing of oil wastewater in areas where the groundwater isn’t clean enough to be a drinking water source, so no risk of contamination exists.\u003c/p>\n\u003cp>“We are very concerned about drinking water,” said Jason Marshall, Chief Deputy Director of the California Department of Conservation. “We wouldn’t be allowing injection to take place in a place where that exists, but these are zones where there is no such high quality water.”\u003c/p>\n\u003cp>Some environmental groups say the wastewater wells should have been shut down years ago, until the state could gauge the extent of the problem.\u003c/p>\n\u003cp>“It’s shocking that the state was completely asleep at the wheel while oil companies were contaminating these underground sources of drinking water,” says Hollin Kretzmann, an attorney with the Center for Biological Diversity. “The state has allowed continued operation in those aquifers, potentially harming them irreparably.”\u003c/p>\n\u003cp>\u003cstrong>Billions of Gallons of Oil Wastewater Pumped Underground\u003c/strong>\u003c/p>\n\u003cp>Oil companies produce massive amounts of wastewater, the result of drilling into California’s watery oil formations. For every barrel of oil, companies get 15 barrels of wastewater.\u003c/p>\n\u003cp>The “produced water,” as it’s known, is often extremely salty and holds trace metals and chemicals like benzene.\u003c/p>\n\u003cfigure id=\"attachment_1330915\" class=\"wp-caption alignright\" style=\"max-width: 450px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-1330915\" src=\"http://ww2.kqed.org/science/wp-content/uploads/sites/35/2017/01/Wastewater-graphic.jpg\" alt=\"Oil formations are full of water in California, so after the oil is separated, oil companies pump the wastewater back underground.\" width=\"450\" height=\"519\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/35/2017/01/Wastewater-graphic.jpg 450w, https://cdn.kqed.org/wp-content/uploads/sites/35/2017/01/Wastewater-graphic-160x185.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/35/2017/01/Wastewater-graphic-240x277.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/35/2017/01/Wastewater-graphic-375x433.jpg 375w\" sizes=\"(max-width: 450px) 100vw, 450px\">\u003cfigcaption class=\"wp-caption-text\">Oil formations are full of water in California, so after the oil is separated, oil companies pump the wastewater back underground. \u003ccite>(Penn State Public Media/WPSU)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Handling that water is a major operation for California’s oil companies. Some of it is injected back underground into oil formations to boost production.\u003c/p>\n\u003cp>Most of the water is disposed of permanently by pumping it into underground rock formations through a well that’s similar to an oil well.\u003c/p>\n\u003cp>Disposing of wastewater this way is allowed by federal law when the groundwater is too salty to potentially be a drinking water supply.\u003c/p>\n\u003cp>But groundwater closer to the surface is automatically protected by federal law when it’s clean enough to drink or could be a drinking water supply with some treatment.\u003c/p>\n\u003cp>The only way oil companies can dispose of wastewater in those zones is when the aquifer has been \u003ca href=\"http://www.conservation.ca.gov/dog/Pages/Aquifer_Exemptions.aspx\" target=\"_blank\" rel=\"noopener\">exempted from federal protections\u003c/a>. The state must go through a public review process with the federal Environmental Protection Agency to get an exemption.\u003c/p>\n\u003cp>That’s where the California’s problems began.\u003c/p>\n\u003cp>\u003cstrong>Bad Paperwork, Bad Permitting\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>In 2011, the federal EPA, which enforces groundwater protections, \u003ca href=\"https://www.epa.gov/pacific-southwest-media-center/epas-review-californias-underground-injection-control-uic-program\" target=\"_blank\" rel=\"noopener\">audited California’s oil regulatory agency\u003c/a>, the Division of Oil, Gas, and Geothermal Resources.\u003c/p>\n\u003cp>The audit uncovered a trove of problems. Wastewater was being disposed of in aquifers that were clean enough to drink.\u003c/p>\n\u003cp>In all, state officials mistakenly gave permits to more than 6,000 wastewater injection wells in protected aquifers.\u003c/p>\n\u003cp>The permits \u003ca href=\"http://www.calepa.ca.gov/Publications/Reports/2015/UICFindings.pdf\" target=\"_blank\" rel=\"noopener\">were given out due to confusion\u003c/a> over where the geographic boundaries of aquifers ended or whether the aquifer itself was protected or not.\u003c/p>\n\u003cp>By December, the state had ordered more than 200 wells to be closed, some of which were in the cleanest aquifers.\u003c/p>\n\u003cp>Since then, oil regulators have reviewed more than 5,000 other wastewater wells, to see whether the surrounding aquifer should be protected — or is too salty and should be exempted from federal protection.\u003c/p>\n\u003cp>The state agreed to complete that review and file for the necessary exemptions with the EPA by February 15, 2017, or the wells would be shut down.\u003c/p>\n\u003cp>[contextly_sidebar id=”n3Xgwtjewfo2Dk1ELQeAh9k3tQlBW5Nt”]Now, oil regulators say meeting that deadline isn’t possible for all the wells.\u003c/p>\n\u003cp>The agency brought on additional staff to do the reviews, but says the process has been slower than expected. In some cases, oil companies were slow to provide the necessary information. In other cases, the complexity of the underground geology required more time to analyze.\u003c/p>\n\u003cp>Now, 460 wells will be shut down because officials have received incomplete or no information from oil companies there.\u003c/p>\n\u003cp>State regulators say they plan to file for exemptions that will cover 1,650 wastewater wells, which will keep operating because they feel confident the exemptions will be approved.\u003c/p>\n\u003cp>Environmental groups are concerned that these exemption applications aren’t being given fair scrutiny.\u003c/p>\n\u003cp>“California depends on its groundwater so much right now and it’s going to be more and more vital in the future,” says Kretzmann. “For the state to be rubber-stamping these applications to give away that groundwater to the oil industry is just so shortsighted.”\u003c/p>\n\u003cp>\u003cstrong>Looking for Evidence of Groundwater Contamination\u003c/strong>\u003c/p>\n\u003cp>Since many of the illegal wastewater wells have been operating for decades, questions remain about what the effect has been on the groundwater, especially in places close to people or farmland.\u003c/p>\n\u003cp>State water officials ordered hundreds of groundwater tests in areas where drinking water wells were within one mile of the wastewater wells. They found no direct evidence the oil wastewater was spreading underground and contaminating these wells.\u003c/p>\n\u003cp>“That is part of our ongoing investigation,” says Marshall. “We have not seen any evidence of groundwater contamination from oil field operations.”\u003c/p>\n\u003cp>But environmental groups say, because billions of gallons of wastewater have been put underground over the years, there’s a high likelihood that some aquifers were made saltier.\u003c/p>\n\u003cp>“We don’t know the true extent of the damage, and the extent of the degradation is really hard to calculate,” says Kretzmann. “We’re going to come to need that groundwater in the future and it’s going to become more and more valuable.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>After today’s announcement, the federal EPA could reject the state’s plan to keep 1,650 wastewater wells open. State oil officials say there are thousands of other wastewater wells that still require some review.\u003c/p>\n\n",
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"excerpt": "For years, California has allowed oil companies to put wastewater into protected aquifers. Now, they’re missing a deadline to stop it.",
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"title": "California Says Oil Companies Can Keep Dumping Wastewater During State Review | KQED",
"description": "For years, California has allowed oil companies to put wastewater into protected aquifers. Now, they’re missing a deadline to stop it.",
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"headline": "California Says Oil Companies Can Keep Dumping Wastewater During State Review",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>For decades, California oil companies have disposed of wastewater by pumping it into aquifers that were supposed to be protected by federal law.\u003c/p>\n\u003cp>California regulators mistakenly granted permits to do it, through a combination of poor record keeping, miscommunication and permitting errors.\u003c/p>\n\u003cp>Now, years after the errors first emerged, state officials say that 460 underground injection wells that were disposing of wastewater illegally will be shut down.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘We don’t know the true extent of the damage.’\u003ccite>Hollin Kretzmann, Center for Biological Diversity\u003c/cite>\u003c/aside>\n\u003cp>However, the state will miss a deadline to shut down 1,650 other wastewater wells operated by oil companies. In fact, they don’t intend to shut them down at all.\u003c/p>\n\u003cp>Many of these wastewater wells are near Central Valley farmland, where groundwater has been a critical water source as reservoirs dried up during the state’s historic drought.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The wells were scheduled to be closed by mid-February this year, unless both federal and state water officials approved them through a public review process.\u003c/p>\n\u003cp>But California oil regulators are still in the process of filing the necessary paperwork for the environmental reviews.\u003c/p>\n\u003cp>Until that happens, state regulators announced today that the wells will be allowed to continue operating. They say the 1,650 wells are disposing of oil wastewater in areas where the groundwater isn’t clean enough to be a drinking water source, so no risk of contamination exists.\u003c/p>\n\u003cp>“We are very concerned about drinking water,” said Jason Marshall, Chief Deputy Director of the California Department of Conservation. “We wouldn’t be allowing injection to take place in a place where that exists, but these are zones where there is no such high quality water.”\u003c/p>\n\u003cp>Some environmental groups say the wastewater wells should have been shut down years ago, until the state could gauge the extent of the problem.\u003c/p>\n\u003cp>“It’s shocking that the state was completely asleep at the wheel while oil companies were contaminating these underground sources of drinking water,” says Hollin Kretzmann, an attorney with the Center for Biological Diversity. “The state has allowed continued operation in those aquifers, potentially harming them irreparably.”\u003c/p>\n\u003cp>\u003cstrong>Billions of Gallons of Oil Wastewater Pumped Underground\u003c/strong>\u003c/p>\n\u003cp>Oil companies produce massive amounts of wastewater, the result of drilling into California’s watery oil formations. For every barrel of oil, companies get 15 barrels of wastewater.\u003c/p>\n\u003cp>The “produced water,” as it’s known, is often extremely salty and holds trace metals and chemicals like benzene.\u003c/p>\n\u003cfigure id=\"attachment_1330915\" class=\"wp-caption alignright\" style=\"max-width: 450px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-1330915\" src=\"http://ww2.kqed.org/science/wp-content/uploads/sites/35/2017/01/Wastewater-graphic.jpg\" alt=\"Oil formations are full of water in California, so after the oil is separated, oil companies pump the wastewater back underground.\" width=\"450\" height=\"519\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/35/2017/01/Wastewater-graphic.jpg 450w, https://cdn.kqed.org/wp-content/uploads/sites/35/2017/01/Wastewater-graphic-160x185.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/35/2017/01/Wastewater-graphic-240x277.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/35/2017/01/Wastewater-graphic-375x433.jpg 375w\" sizes=\"(max-width: 450px) 100vw, 450px\">\u003cfigcaption class=\"wp-caption-text\">Oil formations are full of water in California, so after the oil is separated, oil companies pump the wastewater back underground. \u003ccite>(Penn State Public Media/WPSU)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Handling that water is a major operation for California’s oil companies. Some of it is injected back underground into oil formations to boost production.\u003c/p>\n\u003cp>Most of the water is disposed of permanently by pumping it into underground rock formations through a well that’s similar to an oil well.\u003c/p>\n\u003cp>Disposing of wastewater this way is allowed by federal law when the groundwater is too salty to potentially be a drinking water supply.\u003c/p>\n\u003cp>But groundwater closer to the surface is automatically protected by federal law when it’s clean enough to drink or could be a drinking water supply with some treatment.\u003c/p>\n\u003cp>The only way oil companies can dispose of wastewater in those zones is when the aquifer has been \u003ca href=\"http://www.conservation.ca.gov/dog/Pages/Aquifer_Exemptions.aspx\" target=\"_blank\" rel=\"noopener\">exempted from federal protections\u003c/a>. The state must go through a public review process with the federal Environmental Protection Agency to get an exemption.\u003c/p>\n\u003cp>That’s where the California’s problems began.\u003c/p>\n\u003cp>\u003cstrong>Bad Paperwork, Bad Permitting\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>In 2011, the federal EPA, which enforces groundwater protections, \u003ca href=\"https://www.epa.gov/pacific-southwest-media-center/epas-review-californias-underground-injection-control-uic-program\" target=\"_blank\" rel=\"noopener\">audited California’s oil regulatory agency\u003c/a>, the Division of Oil, Gas, and Geothermal Resources.\u003c/p>\n\u003cp>The audit uncovered a trove of problems. Wastewater was being disposed of in aquifers that were clean enough to drink.\u003c/p>\n\u003cp>In all, state officials mistakenly gave permits to more than 6,000 wastewater injection wells in protected aquifers.\u003c/p>\n\u003cp>The permits \u003ca href=\"http://www.calepa.ca.gov/Publications/Reports/2015/UICFindings.pdf\" target=\"_blank\" rel=\"noopener\">were given out due to confusion\u003c/a> over where the geographic boundaries of aquifers ended or whether the aquifer itself was protected or not.\u003c/p>\n\u003cp>By December, the state had ordered more than 200 wells to be closed, some of which were in the cleanest aquifers.\u003c/p>\n\u003cp>Since then, oil regulators have reviewed more than 5,000 other wastewater wells, to see whether the surrounding aquifer should be protected — or is too salty and should be exempted from federal protection.\u003c/p>\n\u003cp>The state agreed to complete that review and file for the necessary exemptions with the EPA by February 15, 2017, or the wells would be shut down.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>Now, oil regulators say meeting that deadline isn’t possible for all the wells.\u003c/p>\n\u003cp>The agency brought on additional staff to do the reviews, but says the process has been slower than expected. In some cases, oil companies were slow to provide the necessary information. In other cases, the complexity of the underground geology required more time to analyze.\u003c/p>\n\u003cp>Now, 460 wells will be shut down because officials have received incomplete or no information from oil companies there.\u003c/p>\n\u003cp>State regulators say they plan to file for exemptions that will cover 1,650 wastewater wells, which will keep operating because they feel confident the exemptions will be approved.\u003c/p>\n\u003cp>Environmental groups are concerned that these exemption applications aren’t being given fair scrutiny.\u003c/p>\n\u003cp>“California depends on its groundwater so much right now and it’s going to be more and more vital in the future,” says Kretzmann. “For the state to be rubber-stamping these applications to give away that groundwater to the oil industry is just so shortsighted.”\u003c/p>\n\u003cp>\u003cstrong>Looking for Evidence of Groundwater Contamination\u003c/strong>\u003c/p>\n\u003cp>Since many of the illegal wastewater wells have been operating for decades, questions remain about what the effect has been on the groundwater, especially in places close to people or farmland.\u003c/p>\n\u003cp>State water officials ordered hundreds of groundwater tests in areas where drinking water wells were within one mile of the wastewater wells. They found no direct evidence the oil wastewater was spreading underground and contaminating these wells.\u003c/p>\n\u003cp>“That is part of our ongoing investigation,” says Marshall. “We have not seen any evidence of groundwater contamination from oil field operations.”\u003c/p>\n\u003cp>But environmental groups say, because billions of gallons of wastewater have been put underground over the years, there’s a high likelihood that some aquifers were made saltier.\u003c/p>\n\u003cp>“We don’t know the true extent of the damage, and the extent of the degradation is really hard to calculate,” says Kretzmann. “We’re going to come to need that groundwater in the future and it’s going to become more and more valuable.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>After today’s announcement, the federal EPA could reject the state’s plan to keep 1,650 wastewater wells open. State oil officials say there are thousands of other wastewater wells that still require some review.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "oakland-warehouse-artists-unite-to-stay-safe-and-to-petition-city-hall",
"title": "Oakland Warehouse Artists Unite to Stay Safe — And to Petition City Hall",
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"headTitle": "Oakland Warehouse Artists Unite to Stay Safe — And to Petition City Hall | KQED",
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"content": "\u003cp>In the Bay Area, artists and makers are banding together because they’re spooked.\u003c/p>\n\u003cp>“This stuff makes me feel, oh my god, I have to go more underground,” said one San Francisco artist at a recent fire safety event. She wouldn’t give her name, for fear of attracting attention — like the two recent safety inspections that came after a complaint from a neighbor, despite her live/work space being legal.\u003c/p>\n\u003cp>[soundcloud url=”https://api.soundcloud.com/tracks/303184972″ params=”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false” width=”100%” height=”166″ iframe=”true” /]\u003c/p>\n\u003cp>“I don’t want to come from a place of fear. And now we’re all kind of like, oh my god, are they going to come and get us next.”\u003c/p>\n\u003cp>While artists in the Bay Area have spent the past month mourning the 36 people killed in the \u003ca href=\"https://ww2.kqed.org/news/2016/12/07/recovery-effort-ends-at-oakland-warehouse-fire-more-victims-identified/\" target=\"_blank\" rel=\"noopener\">Ghost Ship Fire\u003c/a>, they’ve also been organizing to protect unconventional, sometimes illegal, studio spaces. And they have good reason to worry: one artist group estimates that cities and landlords have shut down 20 artist and maker spaces nationwide in the past month.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>It’s a Catch-22 for some: those living in warehouses can’t ask city departments for help with safety upgrades without alerting the powers that be to their existence. So they’re turning to grassroots organizations working as underground safety consultants.\u003c/p>\n\u003cfigure id=\"attachment_12631920\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12631920 size-medium\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2017/01/007-e1484526233461-800x530.jpg\" alt=\"David Keenan, an organizer with the DIY Safety Group and the Omni Commons collective\" width=\"800\" height=\"530\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-800x530.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-160x106.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-768x509.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-1020x675.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-1920x1271.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-1180x781.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-960x636.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-240x159.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-375x248.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-520x344.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461.jpg 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">David Keenan, an organizer with the DIY Safety Group and the Omni Commons collective. \u003ccite>(Photo: Cy Musiker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We tried to create an intake,” said David Keenan, an organizer with the DIY Safety Group, a coalition of artists, makers, contractors, and electricians. “Someone would email (us), saying, ‘Oh god, I’ve got this notice of inspection tomorrow, I’m trying to make it safer, can you guys help.”\u003c/p>\n\u003cp>Keenan said the safety group then sends out experts to fix the problems — experts who know the minutiae of the fire code. “Your fire extinguishers aren’t tagged right,” he says, “or they’re at the wrong height — or they’re not there.”\u003c/p>\n\u003cp>Another group, \u003ca href=\"https://www.facebook.com/wetheartists/\" target=\"_blank\" rel=\"noopener\">We the Artists of the Bay Area \u003c/a>has been providing similar help.\u003c/p>\n\u003cfigure id=\"attachment_12632118\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12632118\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-800x511.jpg\" alt=\"We the Artists of the Bay Area gave away free fire extinguishers and smoke alarms at a recent event\" width=\"800\" height=\"511\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-800x511.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-160x102.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-768x491.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-1020x652.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-1920x1226.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-1180x754.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-960x613.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-240x153.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-375x240.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-520x332.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10.jpg 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">We the Artists of the Bay Area gave away free fire extinguishers and smoke alarms at a recent event. \u003ccite>(Photo: Cy Musiker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A few days ago, a steady stream of artists stopped by a West Oakland studio to pick up free fire extinguishers and get trained on how to use them. We the Artists had posted the giveaway on its Facebook page.\u003c/p>\n\u003cp>“You know when you’re living on the edge, behind the curtain in some of these spaces, your responsibility is almost tripled as far as life safety,” said \u003ca href=\"http://www.westword.com/arts/burning-man-flame-effects-specialist-davex-on-how-to-play-with-fire-safely-5816424\" target=\"_blank\" rel=\"noopener\">Dave X\u003c/a>. He had rigged up a propane stove to burst into flame so tenants could practice using a fire extinguisher the right way.\u003c/p>\n\u003cfigure id=\"attachment_12632117\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12632117\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-800x495.jpg\" alt=\"Dave X talks fire safety with artist Rose Kelly\" width=\"800\" height=\"495\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-800x495.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-160x99.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-768x475.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-1020x631.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-1920x1188.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-1180x730.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-960x594.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-240x148.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-375x232.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-520x322.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1.jpg 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Dave X talks fire safety with artist Rose Kelly. \u003ccite>(Photo: Cy Musiker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dave X manages events with fire and fireworks at the annual Burning Man festival. We the Artists, he said, is doing a kind of harm-reduction program to make legal and illegal studios safer.\u003c/p>\n\u003cp>“I hate to liken it to a needle exchange,” Dave X said, between demos. “But in a way it kind of is. People living in the fringe come to seek out safety services where they can, without exposing themselves to the repercussions of maybe going to a city agency to ask for that help.”\u003c/p>\n\u003cp>Still another artists group, the \u003ca href=\"https://www.facebook.com/OaktownWarehouseCoalition/\" target=\"_blank\" rel=\"noopener\">Oakland Warehouse Coalition\u003c/a>, has proposed a moratorium on evictions, and is asking the City Council to vote on it at their meeting scheduled for \u003cdel datetime=\"2017-01-20T05:47:28+00:00\">Jan 25\u003c/del>. [UPDATE: The meeting has been moved to Jan. 23.]\u003c/p>\n\u003cfigure id=\"attachment_12631917\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12631917 size-medium\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2017/01/008-e1484526462336-800x502.jpg\" alt=\"Jonah Strauss co-founder of the Oakland Warehouse Coalition\" width=\"800\" height=\"502\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-800x502.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-160x100.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-768x482.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-1020x640.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-1920x1205.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-1180x740.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-960x602.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-240x151.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-375x235.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-520x326.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336.jpg 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Jonah Strauss, co-founder of the Oakland Warehouse Coalition. \u003ccite>(Photo: Cy Musiker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Our most at-risk and marginalized tenants are low-income people of color, immigrants, working class people, queer people, transgender, artists and musicians,” said Warehouse Coalition co-founder Jonah Strauss at a recent city council hearing. “These folks are crucial to maintaining our civic and cultural and racial balance, and we owe it to our people to keep Oakland diverse and protect them.”\u003c/p>\n\u003cfigure id=\"attachment_12631915\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12631915\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2017/01/002-e1484526541479-800x1154.jpg\" alt=\"A welcome sign at the Omni Commons collective in North Oakland\" width=\"800\" height=\"1154\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-800x1154.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-160x231.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-768x1108.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-1020x1472.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-1180x1703.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-960x1385.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-240x346.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-375x541.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-520x750.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479.jpg 1341w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A welcome sign at the Omni Commons collective in North Oakland. \u003ccite>(Photo: Cy Musiker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Even the most safety-conscious artists and makers have felt under attack. DIY Safety Group’s David Keenan is also an organizer with the \u003ca href=\"https://omnicommons.org/\" target=\"_blank\" rel=\"noopener\">Omni Commons\u003c/a>, a group of maker collectives that recently bought an old Italian clubhouse in North Oakland. He showed me around the sprawling space, built in 1934. One room was cluttered with computers (the hacker collective Sudoroom) and lab equipment (the biohacker collective Counter Culture Labs). Keenan explained how the group did all its own code and safety upgrades.\u003c/p>\n\u003cp>“This is an exit sign with what’s called bug eyes,” Keenan said, standing in a doorway equipped with an exit sign plus battery and emergency lights.\u003c/p>\n\u003cp>Next to the doorway Keenan pointed to a DIY exit map, made by the collective, saving the five thousand dollars they’d been quoted for the service. “And they’re stamped and signed by the fire marshall, everything’s to code. The exact inches of the text. The colors of the stairs, the fact that this is a non-reflective plexiglass panel that’s exactly a ¼ inch thick.”\u003c/p>\n\u003cfigure id=\"attachment_12631916\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12631916\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2017/01/003-e1484526713153-800x508.jpg\" alt=\"An evacuation map signed by the Oakland Fire Marshall at the Omni Commons\" width=\"800\" height=\"508\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-800x508.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-160x102.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-768x488.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-1020x647.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-1920x1219.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-1180x749.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-960x609.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-240x152.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-375x238.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-520x330.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153.jpg 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">An evacuation map signed by the Oakland Fire Marshall at the Omni Commons. \u003ccite>(Photo: Cy Musiker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But just before Christmas, a senior Oakland building inspector threatened to revoke the building’s status as a meeting and maker space after misreading an old insurance map showing fire hazards in the neighborhood.\u003c/p>\n\u003cp>“I would say it’s an act of bad faith by the building official,” Keenan said, “who basically had an agenda, probably based on a fear of liability for the city; a knee-jerk reaction to shut down all assemblies.”\u003c/p>\n\u003cp>Keenan challenged the inspector’s reading of the map, and won the dispute.\u003c/p>\n\u003cp>Oakland officials say they’re still fine-tuning the balance between safety and protecting artists and makers against eviction. “We’ve learned a lot from that,” said Assistant City Administrator, Claudia Cappio, referring to what she called “the Omni Commons screwup.”\u003c/p>\n\u003cp>“Part of it is making sure that our on-the-ground folks have really consistent and clear direction from us,” Cappio said. “That’s in process.”\u003c/p>\n\u003cp>City officials around the Bay Area say they have to be extra conscious of safety after the deadly fire in the Ghost Ship warehouse, the inside of which Oakland fire officials had never inspected. “Safety first is a really big principle in all of this,” Cappio said. “And not to overreact, but there is an increased level of scrutiny.”\u003c/p>\n\u003cfigure id=\"attachment_12452198\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12452198\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2016/12/12452197-thumb-800x450.jpg\" alt=\"Oakland Mayor Libby Schaaf at the Oakland Warehouse known as the Ghost Ship\" width=\"800\" height=\"450\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-768x432.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-1020x574.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-1180x664.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-960x540.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-240x135.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-375x211.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-520x293.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Oakland Mayor Libby Schaaf at the Oakland warehouse known as the Ghost Ship. \u003ccite>(Photo: Elijah Nouvelage/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Last week, Mayor Libby Schaaf issued an \u003ca href=\"https://ww2.kqed.org/arts/2017/01/11/oakland-mayor-issues-exec-order-protecting-tenants-of-unsafe-warehouse-spaces/\" target=\"_blank\" rel=\"noopener\">executive order \u003c/a>that puts a high priority on avoiding eviction. City inspectors are ordered to give landlords with illegal units 60 days to come up with a safety plan, and more time to make necessary improvements, as long as there’s no immediate threat to tenant safety.\u003c/p>\n\u003cp>“While this executive order will not make everybody happy, it is a clear path that we believe does the best job of maximizing both safety as well as our need to preserve housing and creative space.”\u003c/p>\n\u003cp>Schaaf says the city has money from a housing bond and other sources to help landlords pay for safety improvements, so long as they can guarantee that rents will remain affordable. And she’s backing a measure from City Councilwoman Rebecca Kaplan that would provide tenants more relocation money if they are evicted due to code violations.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>The executive order, Schaaf says, is a direct response to the lobbying of artist and maker groups. The question now is: will landlords join the effort?\u003c/p>\n\n",
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"excerpt": "As underground consultants continue to make Oakland warehouses safer, grassroots groups petition City Hall for leniency in evictions.",
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"title": "Oakland Warehouse Artists Unite to Stay Safe — And to Petition City Hall | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In the Bay Area, artists and makers are banding together because they’re spooked.\u003c/p>\n\u003cp>“This stuff makes me feel, oh my god, I have to go more underground,” said one San Francisco artist at a recent fire safety event. She wouldn’t give her name, for fear of attracting attention — like the two recent safety inspections that came after a complaint from a neighbor, despite her live/work space being legal.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='”100%”' height='”166″'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=”https://api.soundcloud.com/tracks/303184972″&visual=true&”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false”'\n title='”https://api.soundcloud.com/tracks/303184972″'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>“I don’t want to come from a place of fear. And now we’re all kind of like, oh my god, are they going to come and get us next.”\u003c/p>\n\u003cp>While artists in the Bay Area have spent the past month mourning the 36 people killed in the \u003ca href=\"https://ww2.kqed.org/news/2016/12/07/recovery-effort-ends-at-oakland-warehouse-fire-more-victims-identified/\" target=\"_blank\" rel=\"noopener\">Ghost Ship Fire\u003c/a>, they’ve also been organizing to protect unconventional, sometimes illegal, studio spaces. And they have good reason to worry: one artist group estimates that cities and landlords have shut down 20 artist and maker spaces nationwide in the past month.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It’s a Catch-22 for some: those living in warehouses can’t ask city departments for help with safety upgrades without alerting the powers that be to their existence. So they’re turning to grassroots organizations working as underground safety consultants.\u003c/p>\n\u003cfigure id=\"attachment_12631920\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12631920 size-medium\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2017/01/007-e1484526233461-800x530.jpg\" alt=\"David Keenan, an organizer with the DIY Safety Group and the Omni Commons collective\" width=\"800\" height=\"530\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-800x530.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-160x106.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-768x509.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-1020x675.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-1920x1271.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-1180x781.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-960x636.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-240x159.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-375x248.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461-520x344.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/007-e1484526233461.jpg 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">David Keenan, an organizer with the DIY Safety Group and the Omni Commons collective. \u003ccite>(Photo: Cy Musiker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We tried to create an intake,” said David Keenan, an organizer with the DIY Safety Group, a coalition of artists, makers, contractors, and electricians. “Someone would email (us), saying, ‘Oh god, I’ve got this notice of inspection tomorrow, I’m trying to make it safer, can you guys help.”\u003c/p>\n\u003cp>Keenan said the safety group then sends out experts to fix the problems — experts who know the minutiae of the fire code. “Your fire extinguishers aren’t tagged right,” he says, “or they’re at the wrong height — or they’re not there.”\u003c/p>\n\u003cp>Another group, \u003ca href=\"https://www.facebook.com/wetheartists/\" target=\"_blank\" rel=\"noopener\">We the Artists of the Bay Area \u003c/a>has been providing similar help.\u003c/p>\n\u003cfigure id=\"attachment_12632118\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12632118\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-800x511.jpg\" alt=\"We the Artists of the Bay Area gave away free fire extinguishers and smoke alarms at a recent event\" width=\"800\" height=\"511\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-800x511.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-160x102.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-768x491.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-1020x652.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-1920x1226.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-1180x754.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-960x613.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-240x153.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-375x240.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10-520x332.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-10.jpg 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">We the Artists of the Bay Area gave away free fire extinguishers and smoke alarms at a recent event. \u003ccite>(Photo: Cy Musiker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A few days ago, a steady stream of artists stopped by a West Oakland studio to pick up free fire extinguishers and get trained on how to use them. We the Artists had posted the giveaway on its Facebook page.\u003c/p>\n\u003cp>“You know when you’re living on the edge, behind the curtain in some of these spaces, your responsibility is almost tripled as far as life safety,” said \u003ca href=\"http://www.westword.com/arts/burning-man-flame-effects-specialist-davex-on-how-to-play-with-fire-safely-5816424\" target=\"_blank\" rel=\"noopener\">Dave X\u003c/a>. He had rigged up a propane stove to burst into flame so tenants could practice using a fire extinguisher the right way.\u003c/p>\n\u003cfigure id=\"attachment_12632117\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12632117\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-800x495.jpg\" alt=\"Dave X talks fire safety with artist Rose Kelly\" width=\"800\" height=\"495\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-800x495.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-160x99.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-768x475.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-1020x631.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-1920x1188.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-1180x730.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-960x594.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-240x148.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-375x232.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1-520x322.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/FullSizeRender-8-1.jpg 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Dave X talks fire safety with artist Rose Kelly. \u003ccite>(Photo: Cy Musiker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dave X manages events with fire and fireworks at the annual Burning Man festival. We the Artists, he said, is doing a kind of harm-reduction program to make legal and illegal studios safer.\u003c/p>\n\u003cp>“I hate to liken it to a needle exchange,” Dave X said, between demos. “But in a way it kind of is. People living in the fringe come to seek out safety services where they can, without exposing themselves to the repercussions of maybe going to a city agency to ask for that help.”\u003c/p>\n\u003cp>Still another artists group, the \u003ca href=\"https://www.facebook.com/OaktownWarehouseCoalition/\" target=\"_blank\" rel=\"noopener\">Oakland Warehouse Coalition\u003c/a>, has proposed a moratorium on evictions, and is asking the City Council to vote on it at their meeting scheduled for \u003cdel datetime=\"2017-01-20T05:47:28+00:00\">Jan 25\u003c/del>. [UPDATE: The meeting has been moved to Jan. 23.]\u003c/p>\n\u003cfigure id=\"attachment_12631917\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12631917 size-medium\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2017/01/008-e1484526462336-800x502.jpg\" alt=\"Jonah Strauss co-founder of the Oakland Warehouse Coalition\" width=\"800\" height=\"502\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-800x502.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-160x100.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-768x482.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-1020x640.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-1920x1205.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-1180x740.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-960x602.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-240x151.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-375x235.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336-520x326.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/008-e1484526462336.jpg 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Jonah Strauss, co-founder of the Oakland Warehouse Coalition. \u003ccite>(Photo: Cy Musiker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Our most at-risk and marginalized tenants are low-income people of color, immigrants, working class people, queer people, transgender, artists and musicians,” said Warehouse Coalition co-founder Jonah Strauss at a recent city council hearing. “These folks are crucial to maintaining our civic and cultural and racial balance, and we owe it to our people to keep Oakland diverse and protect them.”\u003c/p>\n\u003cfigure id=\"attachment_12631915\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12631915\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2017/01/002-e1484526541479-800x1154.jpg\" alt=\"A welcome sign at the Omni Commons collective in North Oakland\" width=\"800\" height=\"1154\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-800x1154.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-160x231.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-768x1108.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-1020x1472.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-1180x1703.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-960x1385.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-240x346.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-375x541.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479-520x750.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/002-e1484526541479.jpg 1341w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A welcome sign at the Omni Commons collective in North Oakland. \u003ccite>(Photo: Cy Musiker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Even the most safety-conscious artists and makers have felt under attack. DIY Safety Group’s David Keenan is also an organizer with the \u003ca href=\"https://omnicommons.org/\" target=\"_blank\" rel=\"noopener\">Omni Commons\u003c/a>, a group of maker collectives that recently bought an old Italian clubhouse in North Oakland. He showed me around the sprawling space, built in 1934. One room was cluttered with computers (the hacker collective Sudoroom) and lab equipment (the biohacker collective Counter Culture Labs). Keenan explained how the group did all its own code and safety upgrades.\u003c/p>\n\u003cp>“This is an exit sign with what’s called bug eyes,” Keenan said, standing in a doorway equipped with an exit sign plus battery and emergency lights.\u003c/p>\n\u003cp>Next to the doorway Keenan pointed to a DIY exit map, made by the collective, saving the five thousand dollars they’d been quoted for the service. “And they’re stamped and signed by the fire marshall, everything’s to code. The exact inches of the text. The colors of the stairs, the fact that this is a non-reflective plexiglass panel that’s exactly a ¼ inch thick.”\u003c/p>\n\u003cfigure id=\"attachment_12631916\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12631916\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2017/01/003-e1484526713153-800x508.jpg\" alt=\"An evacuation map signed by the Oakland Fire Marshall at the Omni Commons\" width=\"800\" height=\"508\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-800x508.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-160x102.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-768x488.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-1020x647.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-1920x1219.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-1180x749.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-960x609.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-240x152.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-375x238.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153-520x330.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/2/2017/01/003-e1484526713153.jpg 2048w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">An evacuation map signed by the Oakland Fire Marshall at the Omni Commons. \u003ccite>(Photo: Cy Musiker/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But just before Christmas, a senior Oakland building inspector threatened to revoke the building’s status as a meeting and maker space after misreading an old insurance map showing fire hazards in the neighborhood.\u003c/p>\n\u003cp>“I would say it’s an act of bad faith by the building official,” Keenan said, “who basically had an agenda, probably based on a fear of liability for the city; a knee-jerk reaction to shut down all assemblies.”\u003c/p>\n\u003cp>Keenan challenged the inspector’s reading of the map, and won the dispute.\u003c/p>\n\u003cp>Oakland officials say they’re still fine-tuning the balance between safety and protecting artists and makers against eviction. “We’ve learned a lot from that,” said Assistant City Administrator, Claudia Cappio, referring to what she called “the Omni Commons screwup.”\u003c/p>\n\u003cp>“Part of it is making sure that our on-the-ground folks have really consistent and clear direction from us,” Cappio said. “That’s in process.”\u003c/p>\n\u003cp>City officials around the Bay Area say they have to be extra conscious of safety after the deadly fire in the Ghost Ship warehouse, the inside of which Oakland fire officials had never inspected. “Safety first is a really big principle in all of this,” Cappio said. “And not to overreact, but there is an increased level of scrutiny.”\u003c/p>\n\u003cfigure id=\"attachment_12452198\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-12452198\" src=\"http://ww2.kqed.org/arts/wp-content/uploads/sites/2/2016/12/12452197-thumb-800x450.jpg\" alt=\"Oakland Mayor Libby Schaaf at the Oakland Warehouse known as the Ghost Ship\" width=\"800\" height=\"450\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-768x432.jpg 768w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-1020x574.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-1180x664.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-960x540.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-240x135.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-375x211.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/2/2016/12/12452197-thumb-520x293.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Oakland Mayor Libby Schaaf at the Oakland warehouse known as the Ghost Ship. \u003ccite>(Photo: Elijah Nouvelage/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Last week, Mayor Libby Schaaf issued an \u003ca href=\"https://ww2.kqed.org/arts/2017/01/11/oakland-mayor-issues-exec-order-protecting-tenants-of-unsafe-warehouse-spaces/\" target=\"_blank\" rel=\"noopener\">executive order \u003c/a>that puts a high priority on avoiding eviction. City inspectors are ordered to give landlords with illegal units 60 days to come up with a safety plan, and more time to make necessary improvements, as long as there’s no immediate threat to tenant safety.\u003c/p>\n\u003cp>“While this executive order will not make everybody happy, it is a clear path that we believe does the best job of maximizing both safety as well as our need to preserve housing and creative space.”\u003c/p>\n\u003cp>Schaaf says the city has money from a housing bond and other sources to help landlords pay for safety improvements, so long as they can guarantee that rents will remain affordable. And she’s backing a measure from City Councilwoman Rebecca Kaplan that would provide tenants more relocation money if they are evicted due to code violations.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The executive order, Schaaf says, is a direct response to the lobbying of artist and maker groups. The question now is: will landlords join the effort?\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "UC President Napolitano Hospitalized During Cancer Treatment",
"title": "UC President Napolitano Hospitalized During Cancer Treatment",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>University of California President Janet Napolitano, a former U.S. Homeland Security secretary, has been undergoing cancer treatment for five months, the school system said Tuesday, a revelation that came to light only after she was hospitalized with complications.\u003c/p>\n\u003cp>The UC Office of the President said Napolitano, 59, was diagnosed last August but did not say what type of cancer she has or respond to inquiries seeking further details. Her condition was never made public and emerged only after a side effect from her medication sent her to the hospital Monday.\u003c/p>\n\u003cp>Her office said Napolitano has performed her duties at full capacity and is expected to be discharged in the next day or so. The president of the 10-campus system has kept the chairwoman of the UC Board of Regents informed throughout her treatment, which is nearly complete, the university said.\u003c/p>\n\u003cp>Napolitano, who previously was treated successfully for breast cancer, was a two-term Democratic governor of Arizona before joining President Barack Obama's Cabinet.\u003c/p>\n\u003cp>She served as secretary of the Department of Homeland Security from 2009 to 2013, as governor of Arizona from 2003 to 2009, as Arizona's attorney general from 1998 to 2003, and as U.S. attorney for Arizona from 1993 to 1997.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Napolitano now oversees the 10 UC campuses, five medical centers, three affiliated national laboratories, and a statewide agriculture and natural resources program.\u003c/p>\n\u003cp>In November 2004, Napolitano had surgery to remove her right ovary and an ovarian cyst, which was benign. She resumed a normal work schedule three days later.\u003c/p>\n\u003cp>Napolitano had her right breast removed in 2000 after being diagnosed with cancer.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The University of California Office of the President released the following statement:\u003c/p>\n\u003cblockquote>\u003cp>UC President Janet Napolitano is currently undergoing treatment for cancer, which was diagnosed at the end of August of last year. The treatment is nearly complete. President Napolitano had a previous diagnosis of cancer that was successfully treated. She has kept the chair of the UC Board of Regents informed throughout the course of her current treatment.\u003c/p>\n\u003cp>During the course of this treatment, President Napolitano has consistently performed her wide range of duties at full capacity, without interruption or impact. Yesterday, however, she experienced side effects that required her to be hospitalized. According to her physicians, she is doing extremely well. They expect her to be discharged in the next day or so and back to her normal duties at full capacity very soon. While she is recuperating, UC’s senior leadership will continue to support President Napolitano in the management of the UC system and in advancing the University’s key priorities.\u003c/p>\u003c/blockquote>\n\n",
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"excerpt": "The UC Office of the President said Napolitano, 59, was diagnosed last August but did not say what type of cancer she has or respond to inquiries seeking further details.",
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"description": "The UC Office of the President said Napolitano, 59, was diagnosed last August but did not say what type of cancer she has or respond to inquiries seeking further details.",
"title": "UC President Napolitano Hospitalized During Cancer Treatment | KQED",
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"nprByline": "\u003cstrong>Kristin J. Bender\u003cbr>Associated Press\u003c/br/>\u003c/strong> ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>University of California President Janet Napolitano, a former U.S. Homeland Security secretary, has been undergoing cancer treatment for five months, the school system said Tuesday, a revelation that came to light only after she was hospitalized with complications.\u003c/p>\n\u003cp>The UC Office of the President said Napolitano, 59, was diagnosed last August but did not say what type of cancer she has or respond to inquiries seeking further details. Her condition was never made public and emerged only after a side effect from her medication sent her to the hospital Monday.\u003c/p>\n\u003cp>Her office said Napolitano has performed her duties at full capacity and is expected to be discharged in the next day or so. The president of the 10-campus system has kept the chairwoman of the UC Board of Regents informed throughout her treatment, which is nearly complete, the university said.\u003c/p>\n\u003cp>Napolitano, who previously was treated successfully for breast cancer, was a two-term Democratic governor of Arizona before joining President Barack Obama's Cabinet.\u003c/p>\n\u003cp>She served as secretary of the Department of Homeland Security from 2009 to 2013, as governor of Arizona from 2003 to 2009, as Arizona's attorney general from 1998 to 2003, and as U.S. attorney for Arizona from 1993 to 1997.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Napolitano now oversees the 10 UC campuses, five medical centers, three affiliated national laboratories, and a statewide agriculture and natural resources program.\u003c/p>\n\u003cp>In November 2004, Napolitano had surgery to remove her right ovary and an ovarian cyst, which was benign. She resumed a normal work schedule three days later.\u003c/p>\n\u003cp>Napolitano had her right breast removed in 2000 after being diagnosed with cancer.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The University of California Office of the President released the following statement:\u003c/p>\n\u003cblockquote>\u003cp>UC President Janet Napolitano is currently undergoing treatment for cancer, which was diagnosed at the end of August of last year. The treatment is nearly complete. President Napolitano had a previous diagnosis of cancer that was successfully treated. She has kept the chair of the UC Board of Regents informed throughout the course of her current treatment.\u003c/p>\n\u003cp>During the course of this treatment, President Napolitano has consistently performed her wide range of duties at full capacity, without interruption or impact. Yesterday, however, she experienced side effects that required her to be hospitalized. According to her physicians, she is doing extremely well. They expect her to be discharged in the next day or so and back to her normal duties at full capacity very soon. While she is recuperating, UC’s senior leadership will continue to support President Napolitano in the management of the UC system and in advancing the University’s key priorities.\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>",
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"slug": "drugmakers-manipulate-orphan-drug-rules-to-create-prized-monopolies",
"title": "Drugmakers Manipulate Orphan Drug Rules To Create Prized Monopolies",
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"headTitle": "Drugmakers Manipulate Orphan Drug Rules To Create Prized Monopolies | KQED",
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"content": "\u003cp>Lookup Tool: \u003ca href=\"http://khn.org/news/orphan-drugs-lookup-interactive/\">Orphan Drugs Database\u003c/a>\u003cbr>\nVideo: \u003ca href=\"http://khn.org/news/video-former-u-s-rep-henry-waxman-shares-deep-concerns-about-orphan-drugs/\">Interview With Henry Waxman\u003c/a>\u003cbr>\nTimeline: \u003ca href=\"http://khn.org/news/timeline-the-orphan-drug-act/\">The Orphan Drug Act\u003c/a>\u003c/p>\n\u003cp>More than 30 years ago, Congress overwhelmingly passed \u003ca href=\"https://history.nih.gov/research/downloads/PL97-414.pdf\">a landmark health bill\u003c/a> aimed at motivating pharmaceutical companies to develop new drugs for people whose rare diseases had been ignored.\u003c/p>\n\u003cp>By the drugmakers’ calculations, the markets for such diseases weren’t big enough to bother with.\u003c/p>\n\u003cp>But lucrative financial incentives created by the Orphan Drug Act signed into law by President Ronald Reagan in 1983 succeeded far beyond anyone’s expectations. More than 200 companies have brought almost 450 “orphan drugs” to market since the law took effect.\u003c/p>\n\u003cp>Yet a Kaiser Health News investigation shows that the system intended to help desperate patients is being manipulated by drugmakers to maximize profits and to protect niche markets for medicines already being taken by millions. The companies aren’t breaking the law but they are using the Orphan Drug Act to their advantage in ways that its architects say they didn’t foresee or intend. Today, many orphan medicines, originally developed to treat diseases affecting fewer than 200,000 people, come with astronomical price tags.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>And many drugs that now have orphan status aren’t entirely new. More than 70 were drugs first approved by the Food and Drug Administration for mass market use. These medicines, some with familiar brand names, were later approved as orphans. In each case, their manufacturers received millions of dollars in government incentives plus seven years of exclusive rights to treat that rare disease, or a monopoly.\u003c/p>\n\u003cp>Drugmakers of popular mass market drugs later sought and received orphan status for the cholesterol blockbuster Crestor, Abilify for psychiatric conditions, cancer drug Herceptin, and rheumatoid arthritis drug Humira, the best-selling medicine in the world.\u003c/p>\n\u003cp>More than 80 other orphans won FDA approval for more than one rare disease, and in some cases, multiple rare diseases. For each additional approval, the drugmaker qualified for a fresh batch of incentives. Botox, stocked in most dermatologists’ offices, started out as a drug to treat painful muscle spasms of the eye and now has three orphan drug approvals. It’s also approved as a mass market drug to treat a variety of ailments, including chronic migraines and wrinkles.\u003c/p>\n\u003cp>Altogether, KHN’s investigation found that about a third of orphan approvals by the FDA since the program began have been either for repurposed mass market drugs or drugs that received multiple orphan approvals.\u003c/p>\n\u003cp>“What we are seeing is a system that was created with good intent being hijacked,” said Bernard Munos, a former corporate strategy advisor at drug giant Eli Lilly and Co. who reviewed the KHN analysis of several FDA drug databases. It’s “quite remarkable that it has gone on for so long.”\u003c/p>\n\u003cp>And the proportion of \u003ca href=\"http://www.fda.gov/Drugs/DevelopmentApprovalProcess/DrugInnovation/ucm534863.htm\">new drugs\u003c/a> approved as orphans has ballooned. In 2015, 21 orphan drugs were approved, accounting for 47 percent of all new medicines, up from just 29 percent in 2010; in 2016, nine more orphans won approval, 40 percent of the total.\u003c/p>\n\u003cp>When a drugmaker wins approval of a medicine for an orphan disease, the company gets seven years of exclusive rights to the marketplace, which means the FDA won’t approve another version to treat that rare disease for seven years, even if the brand name company’s patent has run out. The exclusivity is compensation for developing a drug designed for a small number of patients whose total sales weren’t expected to be that profitable.\u003c/p>\n\u003cp>But the exclusivity is a potent pricing tool. Drugmakers can charge whatever they want by shielding their medicine from competition. The market exclusivity granted by the Orphan Drug Act can be a vital part of the protective shield that companies create. What’s more, manufacturers can return to the FDA with the same drug again and again, each time testing the drug against a new rare disease.\u003c/p>\n\u003cp>Critics have assailed drugmakers in the past for gaming the orphan drug approval process. But the extent to which companies have been winning approval for drugs that aren’t what advocates call “true orphans” hadn’t been documented until the Kaiser Health News investigation.\u003c/p>\n\u003cp>Munos said he was “shocked” by the sheer number of mass market drugs being repurposed as well as those approved multiple times.\u003c/p>\n\u003cp>Even agency officials said they weren’t aware of the scope of the issue. After reviewing KHN’s findings for two weeks, Dr. Gayatri Rao director of the FDA’s Office of Orphan Products Development said she “appreciated the work” and expressed interest in studying how often drug companies are “repurposing” a drug for a new rare disease, or taking “multiple bites of the apple.”\u003c/p>\n\u003cp>“We are going to look into this,” she said, adding that she could consider a regulatory change.\u003c/p>\n\u003cp>Rao pointed out that the “repurposing” of drugs does have scientific and patient benefits. For example, cancer drugs approved for one type of malignancy can be tested and approved for others. Gleevec, a drug that revolutionized the treatment of chronic myeloid leukemia, now has nine orphan approvals.\u003c/p>\n\u003cp>But in a \u003ca href=\"http://www.hopkinsmedicine.org/news/media/releases/orphan_drug_loophole_needs_closing_johns_hopkins_researchers_say\">2015 commentary\u003c/a> published in the American Journal of Clinical Oncology, Dr. Martin Makary at the Johns Hopkins University School of Medicine focused on cancer drugs including Gleevec, arguing that the drug was never meant to serve an orphan population. Instead, Makary and his team wrote, drugmakers purposely identify small patient populations to gain additional approvals — a process he described as “salami slicing.”\u003c/p>\n\u003cp>“By salami slicing the disease into subgroups, it allows them to get the orphan drug approval with all the government benefits and even some of the subsidies,” Makary said. The prices of such medications often rise because they have seven years without competition for a new set of patients, Makary added.\u003c/p>\n\u003cp>The FDA has taken a different view of repurposing.\u003c/p>\n\u003cp>“We always talked about how we permit the second bite of the apple, third bite of the apple, as one small way to incentivize repurposing,” Rao said, noting that industry and patient groups have been pressing the FDA for even stronger incentives. “Now, all of sudden, it seems like, wow, this practice may be driving up prices.”\u003c/p>\n\u003cp>Novartis, which owns Gleevec, said in an email statement that the company is advancing research and following the science to “bring the right treatments to the right patients based on unmet need, not the size of the patient population.”\u003c/p>\n\u003cp>Two KHN reporters spent six months analyzing data and talking to lawmakers, patients, advocates, doctors and companies to understand how the FDA’s orphan drug program has evolved amid a national uproar over soaring drug prices. President-elect Donald Trump vowed on the campaign trail to \u003ca href=\"http://www.reuters.com/article/us-usa-trump-pharmaceuticals-idUSKBN13W21I\">bring down\u003c/a> prescription drug prices and during a Jan. 11 press conference said the drug industry is \u003ca href=\"https://www.nytimes.com/2017/01/11/us/politics/trump-press-conference-transcript.html?_r=0\">“getting away with murder.”\u003c/a>\u003c/p>\n\u003cp>The investigation examined how drugmakers use the law to their advantage — often with the guidance of former FDA officials — and have made the development of medicines that were once thought to be business backwaters into one of the pharmaceutical industry’s hottest sectors.\u003c/p>\n\u003cp>Orphan drugs now account for seven of the 10 top-selling drugs of any kind, ranked by annual sales, according to EvaluatePharma.\u003c/p>\n\u003cp>“Orphans are wicked hot,” said Dr. Tim Coté, a former FDA official who now runs a consulting firm that advises drugmakers on orphan drugs.\u003c/p>\n\u003cp>No one disputes that orphan drugs have helped or saved hundreds of thousands of patients suffering from debilitating or even fatal rare diseases. Exactly how many is difficult to estimate because the FDA doesn’t track such information.\u003c/p>\n\u003cp>And drug industry officials say companies should be rewarded, not punished, for making those treatments possible and for pursuing new drugs that aren’t always an economic success.\u003c/p>\n\u003cp>Research and development is “long, costly, risky,” said Anne Pritchett, vice president, policy and research at industry lobbying group PhRMA. “When you look at cystic fibrosis it was 25 years to the development of an effective therapy … I think we would be concerned about anything that would undermine the current [orphan drug] incentives.”\u003c/p>\n\u003cp>Former U.S. Rep. Henry Waxman, D-Calif., a champion of the 1983 Orphan Drug Act takes a different view.\u003c/p>\n\u003cp>“The Orphan Drug Act has been a great success because many people with diseases that affect very few people now have drugs available to them,” Waxman said. “But it’s been in some ways turned on its head when it becomes the basis of manipulating the system for the drug company to make much more money than they would in an open, competitive market.”\u003c/p>\n\u003cp>Booming Business\u003c/p>\n\u003cp>On a late summer day, Tim Coté sat in a corner office of his Sandy Spring, Md., consulting firm, Coté Orphan. He leaned into his computer microphone to dispense insider knowledge about the orphan drug approval process on a webcast hosted by FDAnews, a trade news organization. Listeners paid about $300 a head, but Coté said he wasn’t paid for doing it.\u003c/p>\n\u003cp>The FDA is more flexible in evaluating drugs for rare diseases, he said, explaining that “about half of them get through with just one pivotal clinical trial. Not so for common diseases.” The FDA, citing \u003ca href=\"http://www.fda.gov/downloads/ForIndustry/DevelopingProductsforRareDiseasesConditions/OOPDNewsArchive/UCM294773.pdf\">a report\u003c/a> from the National Organization for Rare Disorders, said about two-thirds of orphan drugs were approved with one adequate and well-controlled trial with supportive evidence. It typically requires two or three such trials to approve a mass market drug.\u003c/p>\n\u003cp>Coté also told the webinar audience that clinical trials for orphan drugs are usually smaller and the approval is a “different scientific and regulatory experience.”\u003c/p>\n\u003cp>Coté knows his stuff. He was Rao’s immediate predecessor as chief of the FDA’s Office of Orphan Products Development. It’s not unusual for government officials to leave FDA and other regulatory agencies and \u003ca href=\"http://www.npr.org/sections/health-shots/2016/09/28/495694559/a-look-at-how-the-revolving-door-spins-from-fda-to-industry\">obtain jobs as consultants or industry executives\u003c/a>.\u003c/p>\n\u003cp>Coté’s website, headlined “The Inside Track,” notes that he oversaw applications that led to the approval of at least 150 orphan drugs when he was at the FDA and that his firm is now the largest submitter of orphan drug applications.\u003c/p>\n\u003cp>“We write the entire application,” the website for Coté’s company notes, adding that his staff of 25 includes regulatory scientists with deep knowledge and experience in FDA’s “unwritten rules” regarding orphan drugs.\u003c/p>\n\u003cp>Many of Coté’s more than 300 clients are small biotech companies begun by researchers or even passionate parents who found investment backing. Parents Ilan and Annie Ganot, for example, started Solid Biosciences to find treatments and potentially a cure for their son with Duchenne muscular dystrophy.\u003c/p>\n\u003cp>Coté guides them through the regulatory process since most don’t have the expertise. He can offer his expertise and develop an application that makes it easier for the FDA to designate and approve the drug.\u003c/p>\n\u003cp>“When you make the FDA smile, the value of your asset goes up. And that’s how the game is played,” he said in an interview, adding quickly, “It’s really not a game because people’s lives are what is in balance.”\u003c/p>\n\u003cp>Coté and other ex-FDA officials play a vital role in helping drugmakers choose rare disease targets and get through the FDA approval process.\u003c/p>\n\u003cp>A small cottage industry has grown around the Orphan Drug Act. Dr. Marlene Haffner, who preceded Coté in the FDA’s orphan office, started her own consulting firm, too, to advise small and large companies on orphan drug applications. A third company is Camargo Pharmaceutical Services, led by industry veterans and former FDA officials, which advises companies focused on repurposing drugs for orphan approval. The firm tries “to be in front of the FDA a lot — three to four times a month,” said Jennifer King, Camargo’s director of marketing. Fees for consulting on orphan drugs industry wide range from $5,000 to $100,000, depending upon what services are provided, Coté said.\u003c/p>\n\u003cp>Getting through the orphan approval process involves a series of steps.\u003c/p>\n\u003cp>First, drugs must be designated by the FDA as potential candidates for approval. A company has to demonstrate that its drug is a promising treatment for a disease that affects fewer than 200,000 patients. If the FDA agrees and makes the formal designation, financial incentives kick in, including a 50 percent tax break on research and development (R&D) and access to federal grants.\u003c/p>\n\u003cp>When drugs get orphan designation, companies often reap other financial rewards. Shares in publicly traded companies often rise on the news — sometimes soaring \u003ca href=\"http://www.bizjournals.com/triangle/news/2014/02/25/dara-stock-soars-on-orphan-drug.html\">as high as 30 percent\u003c/a>. That happens, in part, because orphans have a track record of being approved at much higher rates than drugs for common diseases.\u003c/p>\n\u003cp>The 50 percent R&D tax credit pays off, too. In 2012, one of the biggest orphan drug companies, BioMarin, received \u003ca href=\"http://files.shareholder.com/downloads/ABEA-3W276N/2866327224x0x664042/776E8656-30BA-4937-A2A0-3AB6450BCA00/2012_Annual_Report.pdf\">$32.6 million\u003c/a> from a combination of federal and state of California tax credits. BioMarin spokeswoman Debra Charlesworth confirmed that the orphan credit made up the “vast majority” of that deferred tax benefit. She also noted that credit “has successfully fueled an industry that didn’t previously exist” and led to more rare disease research.\u003c/p>\n\u003cp>Industry-wide, orphan drug tax credits cost the federal government $1.76 billion in fiscal 2016 — roughly what President Barack Obama asked Congress to spend to fight \u003ca href=\"https://www.washingtonpost.com/news/post-politics/wp/2016/02/08/obama-to-ask-congress-for-1-8-billion-to-combat-zika-virus/\">the Zika virus\u003c/a> before a $1.1 billion expenditure was approved. And, because so many orphan drugs are under development, the U.S. could grant nearly $50 billion in tax credits from 2016 to 2025, estimates \u003ca href=\"https://www.treasury.gov/resource-center/tax-policy/Documents/Tax-Expenditures-FY2017.pdf\">the Treasury Department\u003c/a>.\u003c/p>\n\u003cp>There’s a lot of creativity behind figuring out how to make a drug an orphan.\u003c/p>\n\u003cp>In Coté’s webinar and in multiple interviews, he described many ways companies can win orphan status. They can test their drugs on children with adult diseases, such as schizophrenia, or find drugs for ailments like malaria that are uncommon in America.\u003c/p>\n\u003cp>“African sleeping sickness: horrible problem in Africa but not here, not in the U.S.,” Coté told his webinar audience. “So a drug development effort that was aimed toward some of these tropical diseases can actually get all the benefits of the Orphan Drug Act.”\u003c/p>\n\u003cp>Another popular strategy is to create “follow-on drugs” that represent incremental steps forward.\u003c/p>\n\u003cp>About 30 percent of Coté’s clients are companies looking to improve upon some other orphan drug “which just made billions and billions,” he said in an interview.\u003c/p>\n\u003cp>Repurposing an already approved drug is another strategy his firm promotes. In a \u003ca href=\"https://www.linkedin.com/pulse/re-purposing-drugs-orphans-timothy-cote?published=t\">video\u003c/a> posted on his website in July, Coté explained the advantages for companies that can move directly into a clinical trial without much preparatory work because the drug’s safety has already been demonstrated.\u003c/p>\n\u003cp>“All you gotta do is establish that the product can work in this new orphan indication,” he said, adding tips on how to do it and still make money.\u003c/p>\n\u003cp>‘That Is Not A True Orphan Drug’\u003c/p>\n\u003cp>Turning mass market drugs into orphans has been a familiar path for some of the most popular drugs ever discovered.\u003c/p>\n\u003cp>AbbVie’s Humira is the best-selling drug in the world, and most of its sales are in the U.S. where revenue reached $7.6 billion through \u003ca href=\"https://news.abbvie.com/news/abbvie-reports-third-quarter-2016-financial-results.htm\">the third quarter\u003c/a> of 2016 and $11.8 billion worldwide, according to the company’s latest financial report.\u003c/p>\n\u003cp>Humira was approved by the FDA in late 2002 to treat millions of people who suffer from rheumatoid arthritis. Three years later, AbbVie asked the FDA to designate it as an orphan to treat juvenile rheumatoid arthritis, which they told the FDA affects between 30,000 and 50,000 Americans. That pediatric use was approved in 2008, and Humira subsequently was approved for four more rare diseases, including Crohn’s and uveitis, an inflammatory disease affecting the eyes.\u003c/p>\n\u003cp>The ophthalmologic approval would extend the market exclusivity for Humira for that disease until 2023. When asked why AbbVie sought multiple orphan designations and approvals for Humira, the company declined to comment.\u003c/p>\n\u003cp>Peter Saltonstall, executive director of the National Organization for Rare Disorders, said that Humira is “not a true orphan drug.” But, he said, the company has “the ability to go out and get orphan designation. That’s the way the law reads right now … they can do whatever they want to do.”\u003c/p>\n\u003cp>It is difficult to say exactly how or if orphan exclusivity affects the price of Humira, which is a complex biologic drug and also has been protected by \u003ca href=\"http://www.nytimes.com/2016/07/16/business/makers-of-humira-and-enbrel-using-new-drug-patents-to-delay-generic-versions.html?_r=3\">numerous patents\u003c/a>. The drug has long been AbbVie’s top seller, accounting for 63 percent of its revenues, according to its most recent financial filing.\u003c/p>\n\u003cp>EvaluatePharma notes \u003ca href=\"http://info.evaluategroup.com/rs/607-YGS-364/images/EPOD15.pdf\">in its recent report\u003c/a> that Humira, as well as a handful of other top drugs, receive less than 25 percent of their sales from orphan uses. Still, if Humira’s orphan uses accounted for just 10 percent of annual sales, the revenue would surpass $1 billion.\u003c/p>\n\u003cp>By stacking up a series of orphan disease approvals, one seven-year exclusivity period leads into another, maximizing the length of a company’s monopoly. Sigma-Tau Pharmaceuticals, for example, had some form of orphan exclusivity over its metabolic disorder drug for more than 20 years. The drug, Carnitor, received a second orphan approval four months before its first exclusivity was set to expire. And it won its third orphan approval, for an IV formulation of the drug, just one day before its second exclusivity period was set to expire in December of 1999.\u003c/p>\n\u003cp>“The sequence and timing of regulatory filings for Carnitor reflect the time required to conduct large controlled clinical trials, as well as evolving medical strategies and regulatory pathways pursued by different sponsors over many years,” said GianFranco Fornasini, senior vice president of scientific affairs at Sigma-Tau.\u003c/p>\n\u003cp>The FDA’s Rao said each new exclusivity period is disease-specific and once any seven-year period runs out, generics can come in. Gleevec, for example, won FDA approval to treat several kinds of rare cancer. All but one of its orphan exclusivity periods had expired by 2015, allowing two generics to enter the marketplace. But Gleevec still has exclusivity until 2020 to treat newly diagnosed Philadelphia chromosome-positive acute lymphoblastic leukemia in patients who are also on chemotherapy.\u003c/p>\n\u003cp>It’s also true, Rao explained, that some of the drugs that go through the orphan process may not specifically treat a rare disease. For example, a very toxic cancer drug might may not work well in earlier stages because its risks outweigh the benefits. But the company may propose that it will help a smaller group of later-stage cancer patients and win orphan approval just for that group.\u003c/p>\n\u003cp>Former FDA orphan drug director Haffner said her FDA office worked on rules defining how companies could legitimately pursue approval for a small group of patients with a specific unmet medical need.\u003c/p>\n\u003cp>“People have played games with the Orphan Drug Act since it was passed,” said Haffner, who first took a job with drugmaker Amgen after leaving the FDA and then became an independent consultant. “It’s the American way, I don’t mean that in a nasty way. But we take advantage of what’s in front of us.”\u003c/p>\n\u003cp>In 2013, the \u003ca href=\"https://www.federalregister.gov/documents/2013/06/12/2013-13930/orphan-drug-regulations\">FDA clarified the Orphan Drug Act’s regulations\u003c/a> and said it wanted to avoid the possibility that some companies could “potentially ‘game’ approvals by seeking successive narrow approvals of a drug.”\u003c/p>\n\u003cp>In reality, Rao said, the regulations did not really change “much of what our practice was.” The agency wanted to address what Rao said were “common misconceptions” and frequently asked questions so officials changed wording in the regulations to better define exactly what could be considered an orphan drug.\u003c/p>\n\u003cp>Breaking down larger, broader diseases into smaller groups is still allowed under certain conditions and companies can still win multiple orphan approvals for a single drug — even if the total population served rises above the 200,000 mark.\u003c/p>\n\u003cp>Amgen Inc.’s Repatha won marketing approval and exclusive rights in 2015 for the orphan disease homozygous familial hypercholesterolemia, which affects a population of \u003ca href=\"http://www.lipidjournal.com/article/S1933-2874(13)00309-7/abstract\">about 300 people\u003c/a> in the U.S. On the very same day, the drug was approved as a mass market drug to treat up to 11 million people with uncontrolled levels of LDL cholesterol, said Amgen spokeswoman Kristen Davis.\u003c/p>\n\u003cp>Dr. Steven Nissen of the Cleveland Clinic, who ran a broader trial on Repatha, said, “It’s certainly not considered by any of us to be an orphan drug.”\u003c/p>\n\u003cp>Safeguarding The ‘Prize’\u003c/p>\n\u003cp>Considering the long history of what’s happened, Tim Coté acknowledges that there are “some loopholes” in the Orphan Drug Act. Perhaps 3 percent or less of approved orphans were not in the “spirit” of the law, he said.\u003c/p>\n\u003cp>But Coté, rare disease advocates, patients and people in the drug industry expressed fear that changing the Orphan Drug Act or questioning its success would hurt the development of drugs for rare patients.\u003c/p>\n\u003cp>Former U.S. Rep. Jim Greenwood, R-Pa., now president of the Biotechnology Innovation Organization, an industry trade group, said that concerns about high prices for orphan drugs aren’t justified. The incentives, he said, should not be altered because rare diseases are “tragically killing and brutalizing mostly children.”\u003c/p>\n\u003cp>Greenwood seemed unaware that dozens of orphan approvals stemmed from the repurposing of mass market drugs, like Humira or Enbrel, another drug developed first for rheumatoid arthritis. Still, he said, “I would argue that the risk of losing incentives in the system far outweighs the benefit of trying to save a few pennies on the health care dollar.”\u003c/p>\n\u003cp>It’s a sentiment that Coté and other advocates share. While talking about the $311,000 annual price tag for cystic fibrosis drug Kalydeco, Coté said any parent whose child has the disease would be a big fan of the drug.\u003c/p>\n\u003cp>“The price point is justified because actually it has a dramatic effect on the children. Dead children … people are willing to pay a lot to prevent that,” Coté said. “And that’s a real good thing that we have this drug. OK?”\u003c/p>\n\u003cp>The first drug to specifically target the underlying biochemical defect of cystic fibrosis, Kalydeco is approved to treat a subset of patients who have specific mutations in their genes. Development of the drug was financed by the Cystic Fibrosis Foundation, which sold its rights to sales royalties from Kalydeco and other cystic fibrosis drugs for $3.3 billion in 2014.\u003c/p>\n\u003cp>Others, including Henry Waxman, are far more critical and have tried to do something about it over the years. Waxman proposed multiple bills to rein in corporate profits by amending the orphan drug law that he sponsored, but none succeeded.\u003c/p>\n\u003cp>The FDA has also tried but failed, to keep corporations in check.\u003c/p>\n\u003cp>In 2012, drugmaker Depomed Inc. filed suit against the FDA for refusing to give its drug Gralise seven years of market exclusivity as a treatment for pain related to shingles.\u003c/p>\n\u003cp>Rao said the agency wanted to see proof that Gralise was clinically superior to other drugs, noting there “were a bunch of other generics on the market” with different formulations and dosing requirements. Grasile’s active ingredient, gabapentin, is the same one as in Pfizer’s mass market blockbuster \u003ca href=\"http://www.pfizer.com/products/product-detail/neurontin\">Neurontin\u003c/a>, which is also approved for treatment of shingles pain.\u003c/p>\n\u003cp>The FDA approved Gralise but denied seven years of exclusivity.\u003c/p>\n\u003cp>In response, the drugmaker sued the agency and won its case, arguing that according to the law, they didn’t have to prove their drug was clinically superior to gain the monopoly.\u003c/p>\n\u003cp>Today, the drug is one of Depomed’s top products with sales of $81 million in 2015. And, in a \u003ca href=\"http://investor.depomedinc.com/phoenix.zhtml?c=97276&p=irol-SECText&TEXT=aHR0cDovL2FwaS50ZW5rd2l6YXJkLmNvbS9maWxpbmcueG1sP2lwYWdlPTEwODc0NDE5JkRTRVE9MCZTRVE9MCZTUURFU0M9U0VDVElPTl9FTlRJUkUmc3Vic2lkPTU3\">recent proxy statement\u003c/a>, Depomed listed “protecting Gralise exclusivity” as a corporate objective under the category of “enhance and protect future cash flow.” Its orphan exclusivity ends in 2018. Depomed spokesman Christopher Keenan said Gralise wanted patent exclusivity to block competition. But, Keenan said, “Had the patent effort failed on all fronts, the Orphan Drug Designation would have been very important.”\u003c/p>\n\u003cp>After reviewing KHN’s analysis, Rao said she wants to better understand why drugmakers are applying for multiple approvals and has asked for a case-by-case review of all orphan designations granted in 2010 and 2015. She said the agency lacks the resources to run an analysis of the entire orphan drug database.\u003c/p>\n\u003cp>“Our goal is to try to get it right,” she said. “There are over 7,000 rare diseases, likely more, the vast majority of which have nothing … I want to ensure that we continue to keep our eye on that prize.”\u003c/p>\n\u003cp>Contributors: John Hillkirk, Scott Hensley at NPR, Diane Webber, Marilyn Thompson (editors); Elizabeth Lucas (data editing); Joe Neel at NPR (radio editing)\u003c/p>\n\u003cp>Interactives, video and presentation: Lydia Zuraw, Emily Kopp, Meredith Rizzo at NPR (digital presentation); Francis Ying (videos, motion graphic); Heidi de Marco (videos, photos, audio); Alley Interactive (database lookup)\u003c/p>\n\u003cp>KHN’s coverage of prescription drug development, costs and pricing is supported in part by the \u003ca href=\"http://www.arnoldfoundation.org/\">Laura and John Arnold Foundation\u003c/a>.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ca href=\"http://www.kaiserhealthnews.org/\">Kaiser Health News\u003c/a> (KHN) is a national health policy news service. It is an editorially independent program of the \u003ca href=\"http://www.kff.org/\">Henry J. Kaiser Family Foundation\u003c/a>.\u003c/p>\n\n",
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"excerpt": "Orphan drugs were meant for patients with rare diseases, but drugmakers are increasingly using the special designation to land lucrative federal incentives and monopoly control for every drug that gets approved.",
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"title": "Drugmakers Manipulate Orphan Drug Rules To Create Prized Monopolies | KQED",
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"nprByline": "\u003ca href=\"http://khn.org/news/author/sarah-jane-tribble/\">\u003cstrong>Sarah Jane Tribble\u003c/strong>\u003c/a> and \u003ca href=\"http://khn.org/news/author/sydney-lupkin/\">\u003cstrong>Sydney Lupkin\u003c/strong>\u003c/a>\u003c/br>Kaiser Health News",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Lookup Tool: \u003ca href=\"http://khn.org/news/orphan-drugs-lookup-interactive/\">Orphan Drugs Database\u003c/a>\u003cbr>\nVideo: \u003ca href=\"http://khn.org/news/video-former-u-s-rep-henry-waxman-shares-deep-concerns-about-orphan-drugs/\">Interview With Henry Waxman\u003c/a>\u003cbr>\nTimeline: \u003ca href=\"http://khn.org/news/timeline-the-orphan-drug-act/\">The Orphan Drug Act\u003c/a>\u003c/p>\n\u003cp>More than 30 years ago, Congress overwhelmingly passed \u003ca href=\"https://history.nih.gov/research/downloads/PL97-414.pdf\">a landmark health bill\u003c/a> aimed at motivating pharmaceutical companies to develop new drugs for people whose rare diseases had been ignored.\u003c/p>\n\u003cp>By the drugmakers’ calculations, the markets for such diseases weren’t big enough to bother with.\u003c/p>\n\u003cp>But lucrative financial incentives created by the Orphan Drug Act signed into law by President Ronald Reagan in 1983 succeeded far beyond anyone’s expectations. More than 200 companies have brought almost 450 “orphan drugs” to market since the law took effect.\u003c/p>\n\u003cp>Yet a Kaiser Health News investigation shows that the system intended to help desperate patients is being manipulated by drugmakers to maximize profits and to protect niche markets for medicines already being taken by millions. The companies aren’t breaking the law but they are using the Orphan Drug Act to their advantage in ways that its architects say they didn’t foresee or intend. Today, many orphan medicines, originally developed to treat diseases affecting fewer than 200,000 people, come with astronomical price tags.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>And many drugs that now have orphan status aren’t entirely new. More than 70 were drugs first approved by the Food and Drug Administration for mass market use. These medicines, some with familiar brand names, were later approved as orphans. In each case, their manufacturers received millions of dollars in government incentives plus seven years of exclusive rights to treat that rare disease, or a monopoly.\u003c/p>\n\u003cp>Drugmakers of popular mass market drugs later sought and received orphan status for the cholesterol blockbuster Crestor, Abilify for psychiatric conditions, cancer drug Herceptin, and rheumatoid arthritis drug Humira, the best-selling medicine in the world.\u003c/p>\n\u003cp>More than 80 other orphans won FDA approval for more than one rare disease, and in some cases, multiple rare diseases. For each additional approval, the drugmaker qualified for a fresh batch of incentives. Botox, stocked in most dermatologists’ offices, started out as a drug to treat painful muscle spasms of the eye and now has three orphan drug approvals. It’s also approved as a mass market drug to treat a variety of ailments, including chronic migraines and wrinkles.\u003c/p>\n\u003cp>Altogether, KHN’s investigation found that about a third of orphan approvals by the FDA since the program began have been either for repurposed mass market drugs or drugs that received multiple orphan approvals.\u003c/p>\n\u003cp>“What we are seeing is a system that was created with good intent being hijacked,” said Bernard Munos, a former corporate strategy advisor at drug giant Eli Lilly and Co. who reviewed the KHN analysis of several FDA drug databases. It’s “quite remarkable that it has gone on for so long.”\u003c/p>\n\u003cp>And the proportion of \u003ca href=\"http://www.fda.gov/Drugs/DevelopmentApprovalProcess/DrugInnovation/ucm534863.htm\">new drugs\u003c/a> approved as orphans has ballooned. In 2015, 21 orphan drugs were approved, accounting for 47 percent of all new medicines, up from just 29 percent in 2010; in 2016, nine more orphans won approval, 40 percent of the total.\u003c/p>\n\u003cp>When a drugmaker wins approval of a medicine for an orphan disease, the company gets seven years of exclusive rights to the marketplace, which means the FDA won’t approve another version to treat that rare disease for seven years, even if the brand name company’s patent has run out. The exclusivity is compensation for developing a drug designed for a small number of patients whose total sales weren’t expected to be that profitable.\u003c/p>\n\u003cp>But the exclusivity is a potent pricing tool. Drugmakers can charge whatever they want by shielding their medicine from competition. The market exclusivity granted by the Orphan Drug Act can be a vital part of the protective shield that companies create. What’s more, manufacturers can return to the FDA with the same drug again and again, each time testing the drug against a new rare disease.\u003c/p>\n\u003cp>Critics have assailed drugmakers in the past for gaming the orphan drug approval process. But the extent to which companies have been winning approval for drugs that aren’t what advocates call “true orphans” hadn’t been documented until the Kaiser Health News investigation.\u003c/p>\n\u003cp>Munos said he was “shocked” by the sheer number of mass market drugs being repurposed as well as those approved multiple times.\u003c/p>\n\u003cp>Even agency officials said they weren’t aware of the scope of the issue. After reviewing KHN’s findings for two weeks, Dr. Gayatri Rao director of the FDA’s Office of Orphan Products Development said she “appreciated the work” and expressed interest in studying how often drug companies are “repurposing” a drug for a new rare disease, or taking “multiple bites of the apple.”\u003c/p>\n\u003cp>“We are going to look into this,” she said, adding that she could consider a regulatory change.\u003c/p>\n\u003cp>Rao pointed out that the “repurposing” of drugs does have scientific and patient benefits. For example, cancer drugs approved for one type of malignancy can be tested and approved for others. Gleevec, a drug that revolutionized the treatment of chronic myeloid leukemia, now has nine orphan approvals.\u003c/p>\n\u003cp>But in a \u003ca href=\"http://www.hopkinsmedicine.org/news/media/releases/orphan_drug_loophole_needs_closing_johns_hopkins_researchers_say\">2015 commentary\u003c/a> published in the American Journal of Clinical Oncology, Dr. Martin Makary at the Johns Hopkins University School of Medicine focused on cancer drugs including Gleevec, arguing that the drug was never meant to serve an orphan population. Instead, Makary and his team wrote, drugmakers purposely identify small patient populations to gain additional approvals — a process he described as “salami slicing.”\u003c/p>\n\u003cp>“By salami slicing the disease into subgroups, it allows them to get the orphan drug approval with all the government benefits and even some of the subsidies,” Makary said. The prices of such medications often rise because they have seven years without competition for a new set of patients, Makary added.\u003c/p>\n\u003cp>The FDA has taken a different view of repurposing.\u003c/p>\n\u003cp>“We always talked about how we permit the second bite of the apple, third bite of the apple, as one small way to incentivize repurposing,” Rao said, noting that industry and patient groups have been pressing the FDA for even stronger incentives. “Now, all of sudden, it seems like, wow, this practice may be driving up prices.”\u003c/p>\n\u003cp>Novartis, which owns Gleevec, said in an email statement that the company is advancing research and following the science to “bring the right treatments to the right patients based on unmet need, not the size of the patient population.”\u003c/p>\n\u003cp>Two KHN reporters spent six months analyzing data and talking to lawmakers, patients, advocates, doctors and companies to understand how the FDA’s orphan drug program has evolved amid a national uproar over soaring drug prices. President-elect Donald Trump vowed on the campaign trail to \u003ca href=\"http://www.reuters.com/article/us-usa-trump-pharmaceuticals-idUSKBN13W21I\">bring down\u003c/a> prescription drug prices and during a Jan. 11 press conference said the drug industry is \u003ca href=\"https://www.nytimes.com/2017/01/11/us/politics/trump-press-conference-transcript.html?_r=0\">“getting away with murder.”\u003c/a>\u003c/p>\n\u003cp>The investigation examined how drugmakers use the law to their advantage — often with the guidance of former FDA officials — and have made the development of medicines that were once thought to be business backwaters into one of the pharmaceutical industry’s hottest sectors.\u003c/p>\n\u003cp>Orphan drugs now account for seven of the 10 top-selling drugs of any kind, ranked by annual sales, according to EvaluatePharma.\u003c/p>\n\u003cp>“Orphans are wicked hot,” said Dr. Tim Coté, a former FDA official who now runs a consulting firm that advises drugmakers on orphan drugs.\u003c/p>\n\u003cp>No one disputes that orphan drugs have helped or saved hundreds of thousands of patients suffering from debilitating or even fatal rare diseases. Exactly how many is difficult to estimate because the FDA doesn’t track such information.\u003c/p>\n\u003cp>And drug industry officials say companies should be rewarded, not punished, for making those treatments possible and for pursuing new drugs that aren’t always an economic success.\u003c/p>\n\u003cp>Research and development is “long, costly, risky,” said Anne Pritchett, vice president, policy and research at industry lobbying group PhRMA. “When you look at cystic fibrosis it was 25 years to the development of an effective therapy … I think we would be concerned about anything that would undermine the current [orphan drug] incentives.”\u003c/p>\n\u003cp>Former U.S. Rep. Henry Waxman, D-Calif., a champion of the 1983 Orphan Drug Act takes a different view.\u003c/p>\n\u003cp>“The Orphan Drug Act has been a great success because many people with diseases that affect very few people now have drugs available to them,” Waxman said. “But it’s been in some ways turned on its head when it becomes the basis of manipulating the system for the drug company to make much more money than they would in an open, competitive market.”\u003c/p>\n\u003cp>Booming Business\u003c/p>\n\u003cp>On a late summer day, Tim Coté sat in a corner office of his Sandy Spring, Md., consulting firm, Coté Orphan. He leaned into his computer microphone to dispense insider knowledge about the orphan drug approval process on a webcast hosted by FDAnews, a trade news organization. Listeners paid about $300 a head, but Coté said he wasn’t paid for doing it.\u003c/p>\n\u003cp>The FDA is more flexible in evaluating drugs for rare diseases, he said, explaining that “about half of them get through with just one pivotal clinical trial. Not so for common diseases.” The FDA, citing \u003ca href=\"http://www.fda.gov/downloads/ForIndustry/DevelopingProductsforRareDiseasesConditions/OOPDNewsArchive/UCM294773.pdf\">a report\u003c/a> from the National Organization for Rare Disorders, said about two-thirds of orphan drugs were approved with one adequate and well-controlled trial with supportive evidence. It typically requires two or three such trials to approve a mass market drug.\u003c/p>\n\u003cp>Coté also told the webinar audience that clinical trials for orphan drugs are usually smaller and the approval is a “different scientific and regulatory experience.”\u003c/p>\n\u003cp>Coté knows his stuff. He was Rao’s immediate predecessor as chief of the FDA’s Office of Orphan Products Development. It’s not unusual for government officials to leave FDA and other regulatory agencies and \u003ca href=\"http://www.npr.org/sections/health-shots/2016/09/28/495694559/a-look-at-how-the-revolving-door-spins-from-fda-to-industry\">obtain jobs as consultants or industry executives\u003c/a>.\u003c/p>\n\u003cp>Coté’s website, headlined “The Inside Track,” notes that he oversaw applications that led to the approval of at least 150 orphan drugs when he was at the FDA and that his firm is now the largest submitter of orphan drug applications.\u003c/p>\n\u003cp>“We write the entire application,” the website for Coté’s company notes, adding that his staff of 25 includes regulatory scientists with deep knowledge and experience in FDA’s “unwritten rules” regarding orphan drugs.\u003c/p>\n\u003cp>Many of Coté’s more than 300 clients are small biotech companies begun by researchers or even passionate parents who found investment backing. Parents Ilan and Annie Ganot, for example, started Solid Biosciences to find treatments and potentially a cure for their son with Duchenne muscular dystrophy.\u003c/p>\n\u003cp>Coté guides them through the regulatory process since most don’t have the expertise. He can offer his expertise and develop an application that makes it easier for the FDA to designate and approve the drug.\u003c/p>\n\u003cp>“When you make the FDA smile, the value of your asset goes up. And that’s how the game is played,” he said in an interview, adding quickly, “It’s really not a game because people’s lives are what is in balance.”\u003c/p>\n\u003cp>Coté and other ex-FDA officials play a vital role in helping drugmakers choose rare disease targets and get through the FDA approval process.\u003c/p>\n\u003cp>A small cottage industry has grown around the Orphan Drug Act. Dr. Marlene Haffner, who preceded Coté in the FDA’s orphan office, started her own consulting firm, too, to advise small and large companies on orphan drug applications. A third company is Camargo Pharmaceutical Services, led by industry veterans and former FDA officials, which advises companies focused on repurposing drugs for orphan approval. The firm tries “to be in front of the FDA a lot — three to four times a month,” said Jennifer King, Camargo’s director of marketing. Fees for consulting on orphan drugs industry wide range from $5,000 to $100,000, depending upon what services are provided, Coté said.\u003c/p>\n\u003cp>Getting through the orphan approval process involves a series of steps.\u003c/p>\n\u003cp>First, drugs must be designated by the FDA as potential candidates for approval. A company has to demonstrate that its drug is a promising treatment for a disease that affects fewer than 200,000 patients. If the FDA agrees and makes the formal designation, financial incentives kick in, including a 50 percent tax break on research and development (R&D) and access to federal grants.\u003c/p>\n\u003cp>When drugs get orphan designation, companies often reap other financial rewards. Shares in publicly traded companies often rise on the news — sometimes soaring \u003ca href=\"http://www.bizjournals.com/triangle/news/2014/02/25/dara-stock-soars-on-orphan-drug.html\">as high as 30 percent\u003c/a>. That happens, in part, because orphans have a track record of being approved at much higher rates than drugs for common diseases.\u003c/p>\n\u003cp>The 50 percent R&D tax credit pays off, too. In 2012, one of the biggest orphan drug companies, BioMarin, received \u003ca href=\"http://files.shareholder.com/downloads/ABEA-3W276N/2866327224x0x664042/776E8656-30BA-4937-A2A0-3AB6450BCA00/2012_Annual_Report.pdf\">$32.6 million\u003c/a> from a combination of federal and state of California tax credits. BioMarin spokeswoman Debra Charlesworth confirmed that the orphan credit made up the “vast majority” of that deferred tax benefit. She also noted that credit “has successfully fueled an industry that didn’t previously exist” and led to more rare disease research.\u003c/p>\n\u003cp>Industry-wide, orphan drug tax credits cost the federal government $1.76 billion in fiscal 2016 — roughly what President Barack Obama asked Congress to spend to fight \u003ca href=\"https://www.washingtonpost.com/news/post-politics/wp/2016/02/08/obama-to-ask-congress-for-1-8-billion-to-combat-zika-virus/\">the Zika virus\u003c/a> before a $1.1 billion expenditure was approved. And, because so many orphan drugs are under development, the U.S. could grant nearly $50 billion in tax credits from 2016 to 2025, estimates \u003ca href=\"https://www.treasury.gov/resource-center/tax-policy/Documents/Tax-Expenditures-FY2017.pdf\">the Treasury Department\u003c/a>.\u003c/p>\n\u003cp>There’s a lot of creativity behind figuring out how to make a drug an orphan.\u003c/p>\n\u003cp>In Coté’s webinar and in multiple interviews, he described many ways companies can win orphan status. They can test their drugs on children with adult diseases, such as schizophrenia, or find drugs for ailments like malaria that are uncommon in America.\u003c/p>\n\u003cp>“African sleeping sickness: horrible problem in Africa but not here, not in the U.S.,” Coté told his webinar audience. “So a drug development effort that was aimed toward some of these tropical diseases can actually get all the benefits of the Orphan Drug Act.”\u003c/p>\n\u003cp>Another popular strategy is to create “follow-on drugs” that represent incremental steps forward.\u003c/p>\n\u003cp>About 30 percent of Coté’s clients are companies looking to improve upon some other orphan drug “which just made billions and billions,” he said in an interview.\u003c/p>\n\u003cp>Repurposing an already approved drug is another strategy his firm promotes. In a \u003ca href=\"https://www.linkedin.com/pulse/re-purposing-drugs-orphans-timothy-cote?published=t\">video\u003c/a> posted on his website in July, Coté explained the advantages for companies that can move directly into a clinical trial without much preparatory work because the drug’s safety has already been demonstrated.\u003c/p>\n\u003cp>“All you gotta do is establish that the product can work in this new orphan indication,” he said, adding tips on how to do it and still make money.\u003c/p>\n\u003cp>‘That Is Not A True Orphan Drug’\u003c/p>\n\u003cp>Turning mass market drugs into orphans has been a familiar path for some of the most popular drugs ever discovered.\u003c/p>\n\u003cp>AbbVie’s Humira is the best-selling drug in the world, and most of its sales are in the U.S. where revenue reached $7.6 billion through \u003ca href=\"https://news.abbvie.com/news/abbvie-reports-third-quarter-2016-financial-results.htm\">the third quarter\u003c/a> of 2016 and $11.8 billion worldwide, according to the company’s latest financial report.\u003c/p>\n\u003cp>Humira was approved by the FDA in late 2002 to treat millions of people who suffer from rheumatoid arthritis. Three years later, AbbVie asked the FDA to designate it as an orphan to treat juvenile rheumatoid arthritis, which they told the FDA affects between 30,000 and 50,000 Americans. That pediatric use was approved in 2008, and Humira subsequently was approved for four more rare diseases, including Crohn’s and uveitis, an inflammatory disease affecting the eyes.\u003c/p>\n\u003cp>The ophthalmologic approval would extend the market exclusivity for Humira for that disease until 2023. When asked why AbbVie sought multiple orphan designations and approvals for Humira, the company declined to comment.\u003c/p>\n\u003cp>Peter Saltonstall, executive director of the National Organization for Rare Disorders, said that Humira is “not a true orphan drug.” But, he said, the company has “the ability to go out and get orphan designation. That’s the way the law reads right now … they can do whatever they want to do.”\u003c/p>\n\u003cp>It is difficult to say exactly how or if orphan exclusivity affects the price of Humira, which is a complex biologic drug and also has been protected by \u003ca href=\"http://www.nytimes.com/2016/07/16/business/makers-of-humira-and-enbrel-using-new-drug-patents-to-delay-generic-versions.html?_r=3\">numerous patents\u003c/a>. The drug has long been AbbVie’s top seller, accounting for 63 percent of its revenues, according to its most recent financial filing.\u003c/p>\n\u003cp>EvaluatePharma notes \u003ca href=\"http://info.evaluategroup.com/rs/607-YGS-364/images/EPOD15.pdf\">in its recent report\u003c/a> that Humira, as well as a handful of other top drugs, receive less than 25 percent of their sales from orphan uses. Still, if Humira’s orphan uses accounted for just 10 percent of annual sales, the revenue would surpass $1 billion.\u003c/p>\n\u003cp>By stacking up a series of orphan disease approvals, one seven-year exclusivity period leads into another, maximizing the length of a company’s monopoly. Sigma-Tau Pharmaceuticals, for example, had some form of orphan exclusivity over its metabolic disorder drug for more than 20 years. The drug, Carnitor, received a second orphan approval four months before its first exclusivity was set to expire. And it won its third orphan approval, for an IV formulation of the drug, just one day before its second exclusivity period was set to expire in December of 1999.\u003c/p>\n\u003cp>“The sequence and timing of regulatory filings for Carnitor reflect the time required to conduct large controlled clinical trials, as well as evolving medical strategies and regulatory pathways pursued by different sponsors over many years,” said GianFranco Fornasini, senior vice president of scientific affairs at Sigma-Tau.\u003c/p>\n\u003cp>The FDA’s Rao said each new exclusivity period is disease-specific and once any seven-year period runs out, generics can come in. Gleevec, for example, won FDA approval to treat several kinds of rare cancer. All but one of its orphan exclusivity periods had expired by 2015, allowing two generics to enter the marketplace. But Gleevec still has exclusivity until 2020 to treat newly diagnosed Philadelphia chromosome-positive acute lymphoblastic leukemia in patients who are also on chemotherapy.\u003c/p>\n\u003cp>It’s also true, Rao explained, that some of the drugs that go through the orphan process may not specifically treat a rare disease. For example, a very toxic cancer drug might may not work well in earlier stages because its risks outweigh the benefits. But the company may propose that it will help a smaller group of later-stage cancer patients and win orphan approval just for that group.\u003c/p>\n\u003cp>Former FDA orphan drug director Haffner said her FDA office worked on rules defining how companies could legitimately pursue approval for a small group of patients with a specific unmet medical need.\u003c/p>\n\u003cp>“People have played games with the Orphan Drug Act since it was passed,” said Haffner, who first took a job with drugmaker Amgen after leaving the FDA and then became an independent consultant. “It’s the American way, I don’t mean that in a nasty way. But we take advantage of what’s in front of us.”\u003c/p>\n\u003cp>In 2013, the \u003ca href=\"https://www.federalregister.gov/documents/2013/06/12/2013-13930/orphan-drug-regulations\">FDA clarified the Orphan Drug Act’s regulations\u003c/a> and said it wanted to avoid the possibility that some companies could “potentially ‘game’ approvals by seeking successive narrow approvals of a drug.”\u003c/p>\n\u003cp>In reality, Rao said, the regulations did not really change “much of what our practice was.” The agency wanted to address what Rao said were “common misconceptions” and frequently asked questions so officials changed wording in the regulations to better define exactly what could be considered an orphan drug.\u003c/p>\n\u003cp>Breaking down larger, broader diseases into smaller groups is still allowed under certain conditions and companies can still win multiple orphan approvals for a single drug — even if the total population served rises above the 200,000 mark.\u003c/p>\n\u003cp>Amgen Inc.’s Repatha won marketing approval and exclusive rights in 2015 for the orphan disease homozygous familial hypercholesterolemia, which affects a population of \u003ca href=\"http://www.lipidjournal.com/article/S1933-2874(13)00309-7/abstract\">about 300 people\u003c/a> in the U.S. On the very same day, the drug was approved as a mass market drug to treat up to 11 million people with uncontrolled levels of LDL cholesterol, said Amgen spokeswoman Kristen Davis.\u003c/p>\n\u003cp>Dr. Steven Nissen of the Cleveland Clinic, who ran a broader trial on Repatha, said, “It’s certainly not considered by any of us to be an orphan drug.”\u003c/p>\n\u003cp>Safeguarding The ‘Prize’\u003c/p>\n\u003cp>Considering the long history of what’s happened, Tim Coté acknowledges that there are “some loopholes” in the Orphan Drug Act. Perhaps 3 percent or less of approved orphans were not in the “spirit” of the law, he said.\u003c/p>\n\u003cp>But Coté, rare disease advocates, patients and people in the drug industry expressed fear that changing the Orphan Drug Act or questioning its success would hurt the development of drugs for rare patients.\u003c/p>\n\u003cp>Former U.S. Rep. Jim Greenwood, R-Pa., now president of the Biotechnology Innovation Organization, an industry trade group, said that concerns about high prices for orphan drugs aren’t justified. The incentives, he said, should not be altered because rare diseases are “tragically killing and brutalizing mostly children.”\u003c/p>\n\u003cp>Greenwood seemed unaware that dozens of orphan approvals stemmed from the repurposing of mass market drugs, like Humira or Enbrel, another drug developed first for rheumatoid arthritis. Still, he said, “I would argue that the risk of losing incentives in the system far outweighs the benefit of trying to save a few pennies on the health care dollar.”\u003c/p>\n\u003cp>It’s a sentiment that Coté and other advocates share. While talking about the $311,000 annual price tag for cystic fibrosis drug Kalydeco, Coté said any parent whose child has the disease would be a big fan of the drug.\u003c/p>\n\u003cp>“The price point is justified because actually it has a dramatic effect on the children. Dead children … people are willing to pay a lot to prevent that,” Coté said. “And that’s a real good thing that we have this drug. OK?”\u003c/p>\n\u003cp>The first drug to specifically target the underlying biochemical defect of cystic fibrosis, Kalydeco is approved to treat a subset of patients who have specific mutations in their genes. Development of the drug was financed by the Cystic Fibrosis Foundation, which sold its rights to sales royalties from Kalydeco and other cystic fibrosis drugs for $3.3 billion in 2014.\u003c/p>\n\u003cp>Others, including Henry Waxman, are far more critical and have tried to do something about it over the years. Waxman proposed multiple bills to rein in corporate profits by amending the orphan drug law that he sponsored, but none succeeded.\u003c/p>\n\u003cp>The FDA has also tried but failed, to keep corporations in check.\u003c/p>\n\u003cp>In 2012, drugmaker Depomed Inc. filed suit against the FDA for refusing to give its drug Gralise seven years of market exclusivity as a treatment for pain related to shingles.\u003c/p>\n\u003cp>Rao said the agency wanted to see proof that Gralise was clinically superior to other drugs, noting there “were a bunch of other generics on the market” with different formulations and dosing requirements. Grasile’s active ingredient, gabapentin, is the same one as in Pfizer’s mass market blockbuster \u003ca href=\"http://www.pfizer.com/products/product-detail/neurontin\">Neurontin\u003c/a>, which is also approved for treatment of shingles pain.\u003c/p>\n\u003cp>The FDA approved Gralise but denied seven years of exclusivity.\u003c/p>\n\u003cp>In response, the drugmaker sued the agency and won its case, arguing that according to the law, they didn’t have to prove their drug was clinically superior to gain the monopoly.\u003c/p>\n\u003cp>Today, the drug is one of Depomed’s top products with sales of $81 million in 2015. And, in a \u003ca href=\"http://investor.depomedinc.com/phoenix.zhtml?c=97276&p=irol-SECText&TEXT=aHR0cDovL2FwaS50ZW5rd2l6YXJkLmNvbS9maWxpbmcueG1sP2lwYWdlPTEwODc0NDE5JkRTRVE9MCZTRVE9MCZTUURFU0M9U0VDVElPTl9FTlRJUkUmc3Vic2lkPTU3\">recent proxy statement\u003c/a>, Depomed listed “protecting Gralise exclusivity” as a corporate objective under the category of “enhance and protect future cash flow.” Its orphan exclusivity ends in 2018. Depomed spokesman Christopher Keenan said Gralise wanted patent exclusivity to block competition. But, Keenan said, “Had the patent effort failed on all fronts, the Orphan Drug Designation would have been very important.”\u003c/p>\n\u003cp>After reviewing KHN’s analysis, Rao said she wants to better understand why drugmakers are applying for multiple approvals and has asked for a case-by-case review of all orphan designations granted in 2010 and 2015. She said the agency lacks the resources to run an analysis of the entire orphan drug database.\u003c/p>\n\u003cp>“Our goal is to try to get it right,” she said. “There are over 7,000 rare diseases, likely more, the vast majority of which have nothing … I want to ensure that we continue to keep our eye on that prize.”\u003c/p>\n\u003cp>Contributors: John Hillkirk, Scott Hensley at NPR, Diane Webber, Marilyn Thompson (editors); Elizabeth Lucas (data editing); Joe Neel at NPR (radio editing)\u003c/p>\n\u003cp>Interactives, video and presentation: Lydia Zuraw, Emily Kopp, Meredith Rizzo at NPR (digital presentation); Francis Ying (videos, motion graphic); Heidi de Marco (videos, photos, audio); Alley Interactive (database lookup)\u003c/p>\n\u003cp>KHN’s coverage of prescription drug development, costs and pricing is supported in part by the \u003ca href=\"http://www.arnoldfoundation.org/\">Laura and John Arnold Foundation\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cem>Updated 11:45 p.m. Tuesday, Jan. 17, 2017\u003c/em>\u003c/p>\n\u003cp>It was a spark for instant outrage in the midst of a San Francisco rental market gone mad: A woman renting an apartment in Bernal Heights \u003ca href=\"https://www.facebook.com/photo.php?fbid=10153190864139878\" target=\"_blank\">announced on Facebook\u003c/a> one weekend in March 2015 that her landlord was increasing her rent from $2,145 to $8,900 a month. And her security deposit was going up, too -- from $1,500 to $12,500.\u003c/p>\n\u003cp>The tenant, Deborah Follingstad, was forced to move from her home of 11 years on Bocana Street, and her erstwhile landlord, Nadia Lama, moved in. But that wasn't the end of it.\u003c/p>\n\u003cp>Follingstad sued Lama, who had acquired the property through \u003ca href=\"https://ww2.kqed.org/news/2015/03/18/315-percent-bernal-heights-rent-increase/\" target=\"_blank\">the distribution of a family estate\u003c/a>.\u003c/p>\n\u003cp>In the August 2015 lawsuit, Follingstad and her lawyer, \u003ca href=\"https://www.tobenerlaw.com/san-francisco-bay-area-tenant-lawyers/joseph-tobener/\" target=\"_blank\">Joe Tobener\u003c/a>, accused Lama of trying to get around a city ordinance that requires payments for tenants displaced in an \"owner-move-in\" eviction.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>That litigation proceeded without gaining much attention -- until now.\u003c/p>\n\u003cp>Tobener announced Tuesday that, with a jury trial scheduled to begin next week, Lama had settled for the staggering-sounding sum of $400,000.\u003c/p>\n\u003cp>Tobener said the high settlement amount reflected both what he called Lama's \"egregious\" behavior in raising the rent and the risk Lama ran in allowing the case to go to trial, where a jury could award triple damages for his client's emotional distress claims.\u003c/p>\n\u003cp>\"It's the highest constructive-eviction-by-rent-increase case we've ever had,\" Tobener said, adding that such cases typically settle for amounts \"in the high five figures.\"\u003c/p>\n\u003cp>Tobener said that under the city's owner-move-in ordinance, Lama would have been required to pay Follingstad $9,522 for forcing her to move.\u003c/p>\n\u003cp>Lama sought to move in to the property early in 2015 after removing an illegal in-law unit that had been built at the Bocana Street property in the early 1990s. That would have had the effect of making the dwelling a single-family home and thus exempt by state law from local rent control statutes.\u003c/p>\n\u003cp>\"Their defense was, hey, they took the lower rental unit off the market, they took out the kitchen, and therefore it became a single-family home, so they were allowed to increase the rent to whatever they wanted,\" Tobener said. \"Our argument was, 'Look, you can increase the rent to market rate, but you can't raise it way above market rate to force someone out to get around the owner-move-in eviction protections.' \"\u003c/p>\n\u003cp>Tobener said evidence made it clear Lama wanted Follingstad out simply so she could move in.\u003c/p>\n\u003cp>\"The intent was there, the bad motivation was there, and a jury would have heard that if Nadia Lama had done this right, she could have done an owner-move-in eviction for $9,500. Instead, she took the unscrupulous path and caused the tenant a lot of stress.\"\u003c/p>\n\u003cp>For Follingstad, an acupuncturist, the outcome is bittersweet. She said Tuesday she was \"shocked and super-pleased\" with the settlement. But she added that events since she was forced to leave the Bocana Street in early May 2015 property have been difficult. \u003c/p>\n\u003cp>She spent more than a year couch-surfing and house-sitting inside and outside the city before she found a new apartment in San Francisco. \u003c/p>\n\u003cp>She said the housing challenge pales in comparison to her main preoccupation for most of the last year: breast cancer, which was diagnosed last May, a year after she left Bernal Heights. \u003c/p>\n\u003cp>\"It was a really hard year on top of another really bad year,\" she said. \u003c/p>\n\u003cp>Follingstad, who has specialized in treating cancer patients in her practice, says she feels there is a connection between her illness and the stress of losing her home.\u003c/p>\n\u003cp>\"Every cancer patient in the world would line up around the block to find out what it was that actually gave him cancer,\" Follingstad said. \"But I can pretty much say that the stress and the depression and all of the anxiety that I went through upon that whole fiasco contributed to my cancer, if not caused it.\" \u003c/p>\n\u003cp>Follingstad said she completed chemotherapy in the fall and radiation treatment last month and that the settlement will provide her funds to pay medical bills.\u003c/p>\n\u003cp>Attempts to reach Lama on Tuesday were unsuccessful. \u003c/p>\n\u003cp>Her lawyer, \u003ca href=\"http://clappmoroney.com/attorneys/paul-s-sheng/\" target=\"_blank\">Paul Sheng\u003c/a>, said in an email that Follingstad's \"allegations/theories about what defendant was trying to do were denied by defendant and were never proven.\"\u003c/p>\n\u003cp>He said the settlement was reached during negotiations with a private mediator.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Both sides to the dispute reached a mutual and voluntary agreement to resolve the case in order to avoid the cost and uncertainty of further litigation,\" Sheng said. \"The parties’ agreement specifically provides that they are settling disputed claims, with no admission or acknowledgement of any liability or wrongdoing by any party.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 11:45 p.m. Tuesday, Jan. 17, 2017\u003c/em>\u003c/p>\n\u003cp>It was a spark for instant outrage in the midst of a San Francisco rental market gone mad: A woman renting an apartment in Bernal Heights \u003ca href=\"https://www.facebook.com/photo.php?fbid=10153190864139878\" target=\"_blank\">announced on Facebook\u003c/a> one weekend in March 2015 that her landlord was increasing her rent from $2,145 to $8,900 a month. And her security deposit was going up, too -- from $1,500 to $12,500.\u003c/p>\n\u003cp>The tenant, Deborah Follingstad, was forced to move from her home of 11 years on Bocana Street, and her erstwhile landlord, Nadia Lama, moved in. But that wasn't the end of it.\u003c/p>\n\u003cp>Follingstad sued Lama, who had acquired the property through \u003ca href=\"https://ww2.kqed.org/news/2015/03/18/315-percent-bernal-heights-rent-increase/\" target=\"_blank\">the distribution of a family estate\u003c/a>.\u003c/p>\n\u003cp>In the August 2015 lawsuit, Follingstad and her lawyer, \u003ca href=\"https://www.tobenerlaw.com/san-francisco-bay-area-tenant-lawyers/joseph-tobener/\" target=\"_blank\">Joe Tobener\u003c/a>, accused Lama of trying to get around a city ordinance that requires payments for tenants displaced in an \"owner-move-in\" eviction.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That litigation proceeded without gaining much attention -- until now.\u003c/p>\n\u003cp>Tobener announced Tuesday that, with a jury trial scheduled to begin next week, Lama had settled for the staggering-sounding sum of $400,000.\u003c/p>\n\u003cp>Tobener said the high settlement amount reflected both what he called Lama's \"egregious\" behavior in raising the rent and the risk Lama ran in allowing the case to go to trial, where a jury could award triple damages for his client's emotional distress claims.\u003c/p>\n\u003cp>\"It's the highest constructive-eviction-by-rent-increase case we've ever had,\" Tobener said, adding that such cases typically settle for amounts \"in the high five figures.\"\u003c/p>\n\u003cp>Tobener said that under the city's owner-move-in ordinance, Lama would have been required to pay Follingstad $9,522 for forcing her to move.\u003c/p>\n\u003cp>Lama sought to move in to the property early in 2015 after removing an illegal in-law unit that had been built at the Bocana Street property in the early 1990s. That would have had the effect of making the dwelling a single-family home and thus exempt by state law from local rent control statutes.\u003c/p>\n\u003cp>\"Their defense was, hey, they took the lower rental unit off the market, they took out the kitchen, and therefore it became a single-family home, so they were allowed to increase the rent to whatever they wanted,\" Tobener said. \"Our argument was, 'Look, you can increase the rent to market rate, but you can't raise it way above market rate to force someone out to get around the owner-move-in eviction protections.' \"\u003c/p>\n\u003cp>Tobener said evidence made it clear Lama wanted Follingstad out simply so she could move in.\u003c/p>\n\u003cp>\"The intent was there, the bad motivation was there, and a jury would have heard that if Nadia Lama had done this right, she could have done an owner-move-in eviction for $9,500. Instead, she took the unscrupulous path and caused the tenant a lot of stress.\"\u003c/p>\n\u003cp>For Follingstad, an acupuncturist, the outcome is bittersweet. She said Tuesday she was \"shocked and super-pleased\" with the settlement. But she added that events since she was forced to leave the Bocana Street in early May 2015 property have been difficult. \u003c/p>\n\u003cp>She spent more than a year couch-surfing and house-sitting inside and outside the city before she found a new apartment in San Francisco. \u003c/p>\n\u003cp>She said the housing challenge pales in comparison to her main preoccupation for most of the last year: breast cancer, which was diagnosed last May, a year after she left Bernal Heights. \u003c/p>\n\u003cp>\"It was a really hard year on top of another really bad year,\" she said. \u003c/p>\n\u003cp>Follingstad, who has specialized in treating cancer patients in her practice, says she feels there is a connection between her illness and the stress of losing her home.\u003c/p>\n\u003cp>\"Every cancer patient in the world would line up around the block to find out what it was that actually gave him cancer,\" Follingstad said. \"But I can pretty much say that the stress and the depression and all of the anxiety that I went through upon that whole fiasco contributed to my cancer, if not caused it.\" \u003c/p>\n\u003cp>Follingstad said she completed chemotherapy in the fall and radiation treatment last month and that the settlement will provide her funds to pay medical bills.\u003c/p>\n\u003cp>Attempts to reach Lama on Tuesday were unsuccessful. \u003c/p>\n\u003cp>Her lawyer, \u003ca href=\"http://clappmoroney.com/attorneys/paul-s-sheng/\" target=\"_blank\">Paul Sheng\u003c/a>, said in an email that Follingstad's \"allegations/theories about what defendant was trying to do were denied by defendant and were never proven.\"\u003c/p>\n\u003cp>He said the settlement was reached during negotiations with a private mediator.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Both sides to the dispute reached a mutual and voluntary agreement to resolve the case in order to avoid the cost and uncertainty of further litigation,\" Sheng said. \"The parties’ agreement specifically provides that they are settling disputed claims, with no admission or acknowledgement of any liability or wrongdoing by any party.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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