AMARILLO, Texas (AP) — A federal judge on Thursday temporarily blocked the Biden administration from ending a Trump-era policy requiring asylum-seekers to wait in Mexico for hearings in U.S. immigration court.

U.S. District Judge Matthew Kacsmaryk in Texas stayed the termination until legal challenges by Texas and Missouri are settled but didn't order the policy reinstated. The impact on the program wasn't immediately clear.

“It’s a common sense policy to prevent people from entering our country illegally,” Texas Gov. Greg Abbott tweeted after the ruling. “Texas wins again, for now.”

The&nbsp;<a href="https://storage.courtlistener.com/recap/gov.uscourts.txnd.346680/gov.uscourts.txnd.346680.178.0.pdf">ruling</a>&nbsp;could prove to be a temporary setback for the Biden administration, which may appeal.

An email requesting comment from the Department of Homeland Security wasn't immediately returned.

Under President Donald Trump, about 70,000 asylum-seekers were forced to wait in Mexico for U.S. hearings under the policy introduced in January 2019. President Joe Biden — who said it “goes against everything we stand for as a nation of immigrants” — suspended the policy on his first day in office.

That sparked a long and tortured legal and administrative path.

Kacsmaryk, a Trump appointee in Amarillo, ordered that the policy be reinstated in 2021. The Biden administration&nbsp;<a href="https://apnews.com/article/immigration-joe-biden-mexico-texas-missouri-1eb0b6dd1d0676e33702aec7f07e75ac">complied</a>&nbsp;with the order after agreeing to changes and additions demanded by Mexico. But it didn't enforce the policy widely and only a few thousand people were sent back to wait in Mexico.

The U.S. Supreme Court ruled 5-4 in June that Biden had the ability to end what technically are known as Migrant Protection Protocols. But it threw back to Kacsmaryk one main issue: determining whether the administration’s action was “arbitrary and capricious” and thus violated federal law for crafting regulations.

In his 35-page ruling, the judge said it was likely an October 2021 memo that was the administration's latest effort to nail down termination of the policy did indeed appear to violate the law.

Among other things, the administration failed to consider the benefits of the policy, including reducing illegal immigration and “unmeritorious asylum claims,” the ruling said.

Trump made the policy a centerpiece of border enforcement, which critics said was inhumane for exposing migrants to extreme violence in Mexico and making access to attorneys far more difficult.

Kacsmaryk said the Biden administration memo mentioned conditions that migrants might face while in Mexico but not the hardships they face “when making the dangerous journey to the southern border” in the first place.

<figure>
 <img src="https://media.eaglewebservices.com/public/2021/9/1632317716965.png" alt="The&nbsp;<a href="https://storage.courtlistener.com/recap/gov.uscourts.txnd.346680/gov.uscourts.txnd.346680.178.0.pdf">ruling</a>&nbsp;could prove to be a temporary setback for the Biden administration, which may appeal.-photo Rep. Tony Gonzales" />
 <figcaption>The&nbsp;<a href="https://storage.courtlistener.com/recap/gov.uscourts.txnd.346680/gov.uscourts.txnd.346680.178.0.pdf">ruling</a>&nbsp;could prove to be a temporary setback for the Biden administration, which may appeal.-photo Rep. Tony Gonzales</figcaption>
 </figure>AMARILLO, Texas (AP) — A federal judge on Thursday temporarily blocked the Biden administration from ending a Trump-era policy requiring asylum-seekers to wait in Mexico for hearings in U.S. immigration court.U.S. District Judge Matthew Kacsmaryk in Texas stayed the termination until legal challenges by Texas and Missouri are settled but didn't order the policy reinstated. The impact on the program wasn't immediately clear.“It’s a common sense policy to prevent people from entering our country illegally,” Texas Gov. Greg Abbott tweeted after the ruling. “Texas wins again, for now.”The&nbsp;<a href="https://storage.courtlistener.com/recap/gov.uscourts.txnd.346680/gov.uscourts.txnd.346680.178.0.pdf">ruling</a>&nbsp;could prove to be a temporary setback for the Biden administration, which may appeal.An email requesting comment from the Department of Homeland Security wasn't immediately returned.Under President Donald Trump, about 70,000 asylum-seekers were forced to wait in Mexico for U.S. hearings under the policy introduced in January 2019. President Joe Biden — who said it “goes against everything we stand for as a nation of immigrants” — suspended the policy on his first day in office.That sparked a long and tortured legal and administrative path.Kacsmaryk, a Trump appointee in Amarillo, ordered that the policy be reinstated in 2021. The Biden administration&nbsp;<a href="https://apnews.com/article/immigration-joe-biden-mexico-texas-missouri-1eb0b6dd1d0676e33702aec7f07e75ac">complied</a>&nbsp;with the order after agreeing to changes and additions demanded by Mexico. But it didn't enforce the policy widely and only a few thousand people were sent back to wait in Mexico.The U.S. Supreme Court ruled 5-4 in June that Biden had the ability to end what technically are known as Migrant Protection Protocols. But it threw back to Kacsmaryk one main issue: determining whether the administration’s action was “arbitrary and capricious” and thus violated federal law for crafting regulations.In his 35-page ruling, the judge said it was likely an October 2021 memo that was the administration's latest effort to nail down termination of the policy did indeed appear to violate the law.Among other things, the administration failed to consider the benefits of the policy, including reducing illegal immigration and “unmeritorious asylum claims,” the ruling said.Trump made the policy a centerpiece of border enforcement, which critics said was inhumane for exposing migrants to extreme violence in Mexico and making access to attorneys far more difficult.Kacsmaryk said the Biden administration memo mentioned conditions that migrants might face while in Mexico but not the hardships they face “when making the dangerous journey to the southern border” in the first place.

US judge blocks Biden bid to end 'Remain in Mexico' policy

By CRISTINA JANNEY Hays Post

Tony Chrisler and his wife, Melissa, lost everything in the Four County Fire — their house, their barn, about 90 head of cattle, vehicles.

"I walked away with the shirt on my back," Tony Chrisler said.

A third-generation farmer, 52-year-old Chrisler gave up ranching, took a job working for Russell County Road and Bridge and moved into town.

The Dec. 15, 2021, fire came upon their property so quickly nothing could be saved, he said. His adult son and wife tried to move cattle when they smelled smoke, but the fire was moving too fast. Heavy smoke killed the motor on the brand-new four-wheeler his son was riding, and he had to abandon it in a ditch and make a run for it. 

"It could have been a loss," he said of his son. "We're glad everyone is still alive."

Tony and Melissa still hope to rebuild their home, which was 7 miles south of Natoma on the Ellis and Russell county line, but inflation means the insurance won't cover the cost of replacing what they had, Chrisler said.

Although the family still has several dozen head of cattle, Chrisler said he doesn't feel he can give up the security of the county job, which offers health insurance. He said he will likely never be able to go back to farming and ranching full-time.

"Farming is tough anyway," he said, "and then you take everything away that you built for 30 years. You've got to go do something."

Although some ranchers received aid for fencing and rebuilding destroyed structures, the long-term economic effects of the fire for both families and the communities is likely to be prolonged, said Clinton Laflin, livestock production Extension agent for the Midway Extension District and a Russell County rancher.

As a producer, Laflin said he is still being affected daily by last year's fire.

“I went through the fire myself, and it doesn’t seem like it's been a year ago,” he said, “because everything we’ve done in the last year has had some impact from the fire, whether that be feed, moving cattle, record keeping, costs. It’s affected everything we’ve done.”

Dr. Lauren Mack, a Plainville veterinarian, works daily with ranchers who were affected by the fires.

Although ranchers have been able to receive assistance from the government and through private donations, not all costs have been covered, she said.

Fencing costs have been high, and there has been challenges for some to access help through the various recovery programs. Inflation has also made it difficult for ranchers to afford to replace fences, buy feed, rebuild structures and replace other items destroyed in the fire, she said.

Area ranchers have not been able to re-establish their herds to pre-fire levels, she said.

“A lot of the funding that comes through that is supposed to support them didn’t necessarily cover things the way it needed to, especially with inflation," she said. “It’s not just the people who lost cattle. A lot of people lost feed, and we haven’t been able to recover that.”

“I know a couple of people have had to get jobs in town and really adjust how their families function,” Mack said.

Stacy Campbell, K-State Extension agriculture and natural resources agent in Hays, said he also is seeing the financial effects of the fire in Ellis County.

“It’s very devastating for some. Even those who are able to stay in business, I would say there will be at least a minimum of a five- if not 10-year economic impact to get back to where they were,” he said.

Losses in the ag sector have far-reaching effects on all the surrounding communities and their economies, Campbell said.

“Any type of disaster like that is going to trickle down into the town. If those guys are affected, they might not be coming to town to buy as many goods or services for their family," he said.

Rancher Randy Marintzer had a section — one square mile of pasture — burned in the Four County Fire.

He's looking at his pasture, which was unable to be grazed this season and wonders what the future will hold. Despite Hays receiving a half inch of rain this week, the area is still 6 inches below average precipitation for the year.

“If it doesn’t rain or snow, it’s going to look pretty tough,” he said. ... "We are just going to have to pray and believe we are going to get some rain."

The threat of fire is still a concern for many in the Four County area.

 Prairie grasses can dry and be ready to burn within an hour of being wet, said Chip Redmond, assistant meteorologist-KSU Weather Data Library/Mesonet manager. 

The Four County Fire burned 164,000 acres in Ellis, Russell, Rooks and Osborne counties. Redmond said many variables go into the fire forecast for this fire season. The season runs from the first frost to the last frost— the time when vegetation is dormant and dry.

The Four County area had several wet years going into last winter. This meant the vegetation was thicker than normal. This year, dry conditions resulted in less growth.

"To the west of Hays, there were areas that never got green this summer," Redmond said. "We still have all the dormant grass from last year, which I don’t think is a whole lot because it's been grazed now or mowed to reduce that vegetation amount.

"It doesn’t totally lessen [the fire risk], but it gives us confidence that maybe we won’t have as aggressive fire behavior as we did last year," he said.

Weather conditions can change rapidly, and Redmond said residents should expect multiple storms in the coming months that will be accompanied by high winds.

The system that caused the 100 mph plus winds on Dec. 15, 2021, was a rare occurrence, called a sting jet, which involves stratospheric air coming to the surface. Redmond said sting jets have only been recorded over land in Kansas a few times.

“The likelihood of a high-impact day like that is very, very low,” he said of the extreme winds.

Although grasses will be less dense because of the drought, trees will show more stress, Redmond said. They will smolder and burn more efficiently and longer. Cedar trees burn quickly, especially in dry conditions, and Redmond encouraged residents to avoid planting them near structures.

Darin Myers, Ellis County Fire Department chief, the area that did not burn last year still has plenty of fuel, which is continuing to keep local fire crews on alert. 

“There is still a lot of the county left that didn’t burn very thankfully," Myers said. "When you look at the drought, we still have that fuel that is out there. What didn’t burn is dry. It’s all out there and available to still burn — cropland to regular pastures or CRP.”

After any major fire incident, the Ellis County Fire Department does a review. Myers identified several areas for improvement in fighting future wildfires.

“You think of places you can fix things if you have money, but that is not always the case,” Myers said. “Some things you can’t fix no matter how much money you throw at it."

The Four County Fire burned a significant portion of the Saline River Valley in northern Ellis and Russell counties. That area is largely unbroken prairie with few county roads. This allowed the fire to spread largely unabated. It also meant getting to the fire was difficult.

In addition, no communication towers were available to firefighters in that area. In the days fire crews were actively fighting the blaze, fire teams were constantly losing contact with each other, Myers said. 

“Until they got up on a hill, they won’t have any radio communications,” Myers said.

The county identified three areas for improvement. The Ellis County Commission immediately purchased more portable radios.

The Ellis County Commission on Tuesday approved a project to mount emergency communication equipment on an existing Midwest Energy tower in the Saline River Valley. That project will cost about $1 million and is being funded with American Rescue Plan Act funds.

However, Myers said it will still be another six to eight months before that equipment is installed, not in time for the current fire season.

The county also upgraded its computer-aided dispatch system. All fire trucks now have mobile data terminals. A CrewForce app allows fire crews and law enforcement to see where fire units have been deployed, road and bridge closures, and water sources.

Another major fire burned about 14,000 acres of grassland in the southwest portion of Ellis County on Oct. 23. That fire was also in a river valley, which made reaching the fire difficult. However, the addition of CrewForce helped the crews better direct resources, Myers said.

Area farmers were essential resources in fighting that fire. They hooked up discs and manned graders to build fire breaks along the flanks of the fire, which allowed the fire crew to fight the active front of the fire. 

Even a year later, Ellis County still doesn't have a complete picture of the full financial loss as a result of the Four County Fire and is still seeking aid in the recovery.

Myers estimated Ellis County Fire had several thousand man-hours dedicated to fighting the fire over the three days of the incident.

The incident started as a wind event, but many expenses that were incurred by the fire department were because of fire. FEMA funds will cover wind damage, but not fire. 

Officials are still working with the Kansas Division of Emergency Management, FEMA, Kansas legislators and the Kansas Congressional delegation to find further relief, Myers said.

“Here we are a year later and we still don’t have the answer,” he said.

“I’m hoping that is a once-in-a-career situation, but we’re in the same predicament we were a year ago," Myers said. "If we have another day like that, it can happen just as quickly. We’re just as dry if not dryer than last year.”

<figure>
 <img src="https://media.eaglewebservices.com/public/2022/12/1671039304357.png" alt="Firefighters on the fire line of the Four County Fire in December 2021. Photo courtesy Kansas Forest Service" />
 <figcaption>Firefighters on the fire line of the Four County Fire in December 2021. Photo courtesy Kansas Forest Service</figcaption>
 </figure>By CRISTINA JANNEY Hays PostTony Chrisler and his wife, Melissa, lost everything in the Four County Fire — their house, their barn, about 90 head of cattle, vehicles."I walked away with the shirt on my back," Tony Chrisler said. A third-generation farmer, 52-year-old Chrisler gave up ranching, took a job working for Russell County Road and Bridge and moved into town.The Dec. 15, 2021, fire came upon their property so quickly nothing could be saved, he said. His adult son and wife tried to move cattle when they smelled smoke, but the fire was moving too fast. Heavy smoke killed the motor on the brand-new four-wheeler his son was riding, and he had to abandon it in a ditch and make a run for it. "It could have been a loss," he said of his son. "We're glad everyone is still alive." Tony and Melissa still hope to rebuild their home, which was 7 miles south of Natoma on the Ellis and Russell county line, but inflation means the insurance won't cover the cost of replacing what they had, Chrisler said. Although the family still has several dozen head of cattle, Chrisler said he doesn't feel he can give up the security of the county job, which offers health insurance. He said he will likely never be able to go back to farming and ranching full-time. "Farming is tough anyway," he said, "and then you take everything away that you built for 30 years. You've got to go do something."<figure>
 <img src="https://media.eaglewebservices.com/public/2022/12/1671049929331.png" alt="A burned tractor shows the intensity of the heat from the Dec. 15 wildfire from a farm in Russell County. High Plains Journal photo by Payton Stoppel" />
 <figcaption>A burned tractor shows the intensity of the heat from the Dec. 15 wildfire from a farm in Russell County. High Plains Journal photo by Payton Stoppel</figcaption>
 </figure>Although some ranchers received aid for fencing and rebuilding destroyed structures, the long-term economic effects of the fire for both families and the communities is likely to be prolonged, said Clinton Laflin, livestock production Extension agent for the Midway Extension District and a Russell County rancher.As a producer, Laflin said he is still being affected daily by last year's fire.“I went through the fire myself, and it doesn’t seem like it's been a year ago,” he said, “because everything we’ve done in the last year has had some impact from the fire, whether that be feed, moving cattle, record keeping, costs. It’s affected everything we’ve done.”Dr. Lauren Mack, a Plainville veterinarian, works daily with ranchers who were affected by the fires.Although ranchers have been able to receive assistance from the government and through private donations, not all costs have been covered, she said.Fencing costs have been high, and there has been challenges for some to access help through the various recovery programs. Inflation has also made it difficult for ranchers to afford to replace fences, buy feed, rebuild structures and replace other items destroyed in the fire, she said.<figure>
 <img src="https://media.eaglewebservices.com/public/2022/12/1671050018504.jpeg" alt="A semi-truck that was blown over off of Kansas Highway 18 near Paradise during the Dec. 15, 2021, wind storm was caught in a wildfire. Photo by Cristina Janney / Hays Post" />
 <figcaption>A semi-truck that was blown over off of Kansas Highway 18 near Paradise during the Dec. 15, 2021, wind storm was caught in a wildfire. Photo by Cristina Janney / Hays Post</figcaption>
 </figure>Area ranchers have not been able to re-establish their herds to pre-fire levels, she said.“A lot of the funding that comes through that is supposed to support them didn’t necessarily cover things the way it needed to, especially with inflation," she said. “It’s not just the people who lost cattle. A lot of people lost feed, and we haven’t been able to recover that.”“I know a couple of people have had to get jobs in town and really adjust how their families function,” Mack said.Stacy Campbell, K-State Extension agriculture and natural resources agent in Hays, said he also is seeing the financial effects of the fire in Ellis County.“It’s very devastating for some. Even those who are able to stay in business, I would say there will be at least a minimum of a five- if not 10-year economic impact to get back to where they were,” he said.Losses in the ag sector have far-reaching effects on all the surrounding communities and their economies, Campbell said.“Any type of disaster like that is going to trickle down into the town. If those guys are affected, they might not be coming to town to buy as many goods or services for their family," he said.<figure>
 <img src="https://media.eaglewebservices.com/public/2022/12/1671050124057.jpeg" alt="The burned out shells of vehicles at a home in Paradise.&nbsp;Photo by Cristina Janney / Hays Post" />
 <figcaption>The burned out shells of vehicles at a home in Paradise.&nbsp;Photo by Cristina Janney / Hays Post</figcaption>
 </figure><h2>Praying for rain</h2>Rancher Randy Marintzer had a section — one square mile of pasture — burned in the Four County Fire. He's looking at his pasture, which was unable to be grazed this season and wonders what the future will hold. Despite Hays receiving a half inch of rain this week, the area is still 6 inches below average precipitation for the year.“If it doesn’t rain or snow, it’s going to look pretty tough,” he said. ... "We are just going to have to pray and believe we are going to get some rain."The threat of fire is still a concern for many in the Four County area. Prairie grasses can dry and be ready to burn within an hour of being wet, said Chip Redmond, assistant meteorologist-KSU Weather Data Library/Mesonet manager. <figure>
 <img src="https://media.eaglewebservices.com/public/2021/12/1639687509045.jpeg" alt="Burned home near Paradise after the Four County Fire on Dec. 15, 2021. Photo by Cristina Janney / Hays Post" />
 <figcaption>Burned home near Paradise after the Four County Fire on Dec. 15, 2021. Photo by Cristina Janney / Hays Post</figcaption>
 </figure>The Four County Fire burned 164,000 acres in Ellis, Russell, Rooks and Osborne counties. Redmond said many variables go into the fire forecast for this fire season. The season runs from the first frost to the last frost— the time when vegetation is dormant and dry. The Four County area had several wet years going into last winter. This meant the vegetation was thicker than normal. This year, dry conditions resulted in less growth."To the west of Hays, there were areas that never got green this summer," Redmond said. "We still have all the dormant grass from last year, which I don’t think is a whole lot because it's been grazed now or mowed to reduce that vegetation amount."It doesn’t totally lessen [the fire risk], but it gives us confidence that maybe we won’t have as aggressive fire behavior as we did last year," he said.<h2>Sting jet</h2>Weather conditions can change rapidly, and Redmond said residents should expect multiple storms in the coming months that will be accompanied by high winds.The system that caused the 100 mph plus winds on Dec. 15, 2021, was a rare occurrence, called a sting jet, which involves stratospheric air coming to the surface. Redmond said sting jets have only been recorded over land in Kansas a few times.“The likelihood of a high-impact day like that is very, very low,” he said of the extreme winds.Although grasses will be less dense because of the drought, trees will show more stress, Redmond said. They will smolder and burn more efficiently and longer. Cedar trees burn quickly, especially in dry conditions, and Redmond encouraged residents to avoid planting them near structures. <figure>
 <img src="https://media.eaglewebservices.com/public/2022/12/1671039592280.jpeg" alt="The Four County Fire as captured from fire vehicles. Photo courtesy of Ellis County Fire " />
 <figcaption>The Four County Fire as captured from fire vehicles. Photo courtesy of Ellis County Fire </figcaption>
 </figure><h2>Improving fire response</h2>Darin Myers, Ellis County Fire Department chief, the area that did not burn last year still has plenty of fuel, which is continuing to keep local fire crews on alert. “There is still a lot of the county left that didn’t burn very thankfully," Myers said. "When you look at the drought, we still have that fuel that is out there. What didn’t burn is dry. It’s all out there and available to still burn — cropland to regular pastures or CRP.”After any major fire incident, the Ellis County Fire Department does a review. Myers identified several areas for improvement in fighting future wildfires.“You think of places you can fix things if you have money, but that is not always the case,” Myers said. “Some things you can’t fix no matter how much money you throw at it."The Four County Fire burned a significant portion of the Saline River Valley in northern Ellis and Russell counties. That area is largely unbroken prairie with few county roads. This allowed the fire to spread largely unabated. It also meant getting to the fire was difficult.In addition, no communication towers were available to firefighters in that area. In the days fire crews were actively fighting the blaze, fire teams were constantly losing contact with each other, Myers said. “Until they got up on a hill, they won’t have any radio communications,” Myers said.The county identified three areas for improvement. The Ellis County Commission immediately purchased more portable radios.The Ellis County Commission on Tuesday approved a project to mount emergency communication equipment on an existing Midwest Energy tower in the Saline River Valley. That project will cost about $1 million and is being funded with American Rescue Plan Act funds.However, Myers said it will still be another six to eight months before that equipment is installed, not in time for the current fire season.The county also upgraded its computer-aided dispatch system. All fire trucks now have mobile data terminals. A CrewForce app allows fire crews and law enforcement to see where fire units have been deployed, road and bridge closures, and water sources.Another major fire burned about 14,000 acres of grassland in the southwest portion of Ellis County on Oct. 23. That fire was also in a river valley, which made reaching the fire difficult. However, the addition of CrewForce helped the crews better direct resources, Myers said.Area farmers were essential resources in fighting that fire. They hooked up discs and manned graders to build fire breaks along the flanks of the fire, which allowed the fire crew to fight the active front of the fire. <h2>Still no recovery money</h2>Even a year later, Ellis County still doesn't have a complete picture of the full financial loss as a result of the Four County Fire and is still seeking aid in the recovery.Myers estimated Ellis County Fire had several thousand man-hours dedicated to fighting the fire over the three days of the incident.The incident started as a wind event, but many expenses that were incurred by the fire department were because of fire. FEMA funds will cover wind damage, but not fire. Officials are still working with the Kansas Division of Emergency Management, FEMA, Kansas legislators and the Kansas Congressional delegation to find further relief, Myers said.“Here we are a year later and we still don’t have the answer,” he said.“I’m hoping that is a once-in-a-career situation, but we’re in the same predicament we were a year ago," Myers said. "If we have another day like that, it can happen just as quickly. We’re just as dry if not dryer than last year.”

3rd generation Kan. rancher gives up ag; financial effects of fire may last years

WASHINGTON (AP) — A bill to rescind the COVID-19 vaccine mandate for members of the U.S. military and provide nearly $858 billion for national defense passed the Senate on Thursday and now goes to President Joe Biden to be signed into law.

The bill provides for about $45 billion more for defense programs than Biden requested and roughly 10% more than last year’s bill as lawmakers look to account for inflation and boost the nation’s military competitiveness with China and Russia. It includes a 4.6% pay raise for servicemembers and the Defense Department’s civilian workforce.

The Senate passed the defense policy bill by a vote of 83-11. The measure also received broad bipartisan support in the House last week.

To win GOP support for the 4,408-page bill, Democrats agreed to Republican demands to scrap the requirement for service members to get a COVID-19 vaccination. The bill directs Defense Secretary Lloyd Austin to rescind his&nbsp;<a href="https://apnews.com/article/business-health-coronavirus-pandemic-coronavirus-vaccine-4cf7451267919302de4a7b591508e80c">August 2021 memorandum</a>&nbsp;imposing the mandate.

Before approving the measure, the Senate voted down a couple of efforts to amend it, including a proposal from Sen. Joe Manchin, D-W.Va., to speed the permitting process for energy projects. The effort had drawn fierce opposition from some environmental advocacy groups who worried it would accelerate fossil fuel projects such as gas pipelines and limit the public’s input on such projects.

Manchin, who chairs the Senate Energy Committee, secured a commitment from Biden and Democratic leaders last summer to support the permitting package in return&nbsp;<a href="https://apnews.com/article/joe-manchin-budget-agreement-7b0ee6e3e0b70357288fd69f44473b9b">for his support</a>&nbsp;of a landmark law to curb climate change.

Machin’s legislation sets deadlines for completion of National Environmental Policy Act reviews for major energy and natural resource projects. It would require courts to consider litigation involving energy project permits on an expedited basis. It also directs federal agencies to permit the completion of a natural gas pipeline in his home state and Virginia “without further administrative or judicial delay or impediment.”

“We’re on the verge of doing something unbelievable, but let me tell you, most of it will be for naught. Because without permitting reform, the United States of America is more litigious than any nation on earth,” Manchin told colleagues.

Biden voiced his support for Manchin’s legislation a few hours before Thursday’s vote. He said far too many projects face delays and described Manchin’s amendment “as a way to cut Americans’ energy bills, promote U.S. energy security, and boost our ability to get energy projects built and connected to the grid.“

Not only did some environmental advocacy groups bash Manchin’s proposal, but so did many Republicans. Minority Leader Mitch McConnell, R-Ky., said it didn’t go far enough, calling it “reform in name only.”

The amendment fell short of the 60 votes needed for passage, 47-47.

An amendment from Sens. Ron Johnson, R-Wis., and Ted Cruz, R-Texas, also went down to defeat. It would have allowed for the reinstatement of those service members discharged for failing to obey an order to receive the COVID-19 vaccine and compensate them for any pay and benefits lost as a result of the separation.

“People serving our military are the finest among us. Over 8,000 were terminated because they refused to get this experimental vaccine, and so I’m urging all of my colleagues to support Senator Cruz’s and my amendment,” Johnson said.

But opponents worried about the precedent of rewarding members of the military who disobeyed an order. Rhode Island Sen. Jack Reed, the Democratic chairman of the Senate Armed Services Committee, said orders are not suggestions, they are commands.

“What message do we send if we pass this bill? It is a very dangerous one,” Reed said. “What we’re telling soldiers is, ‘if you disagree, don’t follow the order, and then just lobby Congress, and they’ll come along and they’ll restore your rank, or restore your benefits, or restore everything.’”

The amendment failed, with 40 senators supporting it and 54 opposing it.

The defense bill sets policy and provides a roadmap for future investments. Lawmakers will have to follow up with spending bills to bring many provisions to reality. It’s one of the final bills Congress is expected to approve before adjourning, so lawmakers were eager to attach their top priorities to it.

The directive to&nbsp;<a href="https://apnews.com/article/covid-lloyd-austin-united-states-government-and-politics-ef76a0da58520cacbbfce003d66ed183">rescind the</a>&nbsp;vaccine mandate for service members proved to be among the most controversial provisions, but Democrats agreed to it to allow the bill to advance.

As of early this month, about 99% of the active-duty troops in the Navy, Air Force and Marine Corps had been vaccinated, and 98% of the Army. Service members who are not vaccinated are not allowed to deploy, particularly sailors or Marines on ships. There may be a few exceptions to that, based on religious or other exemptions and the duties of the service member.

The vaccination numbers for the Guard and Reserve are lower, but generally all are more than 90%.

<figure>
 <img src="https://media.eaglewebservices.com/public/2021/8/1629972789785.png" alt="The Senate passed the defense policy bill by a vote of 83-11. The measure also received broad bipartisan support in the House last week. photo courtesy U.S. Dept. of Defense" />
 <figcaption>The Senate passed the defense policy bill by a vote of 83-11. The measure also received broad bipartisan support in the House last week. photo courtesy U.S. Dept. of Defense</figcaption>
 </figure>WASHINGTON (AP) — A bill to rescind the COVID-19 vaccine mandate for members of the U.S. military and provide nearly $858 billion for national defense passed the Senate on Thursday and now goes to President Joe Biden to be signed into law.The bill provides for about $45 billion more for defense programs than Biden requested and roughly 10% more than last year’s bill as lawmakers look to account for inflation and boost the nation’s military competitiveness with China and Russia. It includes a 4.6% pay raise for servicemembers and the Defense Department’s civilian workforce.The Senate passed the defense policy bill by a vote of 83-11. The measure also received broad bipartisan support in the House last week.To win GOP support for the 4,408-page bill, Democrats agreed to Republican demands to scrap the requirement for service members to get a COVID-19 vaccination. The bill directs Defense Secretary Lloyd Austin to rescind his&nbsp;<a href="https://apnews.com/article/business-health-coronavirus-pandemic-coronavirus-vaccine-4cf7451267919302de4a7b591508e80c">August 2021 memorandum</a>&nbsp;imposing the mandate.Before approving the measure, the Senate voted down a couple of efforts to amend it, including a proposal from Sen. Joe Manchin, D-W.Va., to speed the permitting process for energy projects. The effort had drawn fierce opposition from some environmental advocacy groups who worried it would accelerate fossil fuel projects such as gas pipelines and limit the public’s input on such projects.Manchin, who chairs the Senate Energy Committee, secured a commitment from Biden and Democratic leaders last summer to support the permitting package in return&nbsp;<a href="https://apnews.com/article/joe-manchin-budget-agreement-7b0ee6e3e0b70357288fd69f44473b9b">for his support</a>&nbsp;of a landmark law to curb climate change.Machin’s legislation sets deadlines for completion of National Environmental Policy Act reviews for major energy and natural resource projects. It would require courts to consider litigation involving energy project permits on an expedited basis. It also directs federal agencies to permit the completion of a natural gas pipeline in his home state and Virginia “without further administrative or judicial delay or impediment.”“We’re on the verge of doing something unbelievable, but let me tell you, most of it will be for naught. Because without permitting reform, the United States of America is more litigious than any nation on earth,” Manchin told colleagues.Biden voiced his support for Manchin’s legislation a few hours before Thursday’s vote. He said far too many projects face delays and described Manchin’s amendment “as a way to cut Americans’ energy bills, promote U.S. energy security, and boost our ability to get energy projects built and connected to the grid.“Not only did some environmental advocacy groups bash Manchin’s proposal, but so did many Republicans. Minority Leader Mitch McConnell, R-Ky., said it didn’t go far enough, calling it “reform in name only.”The amendment fell short of the 60 votes needed for passage, 47-47.An amendment from Sens. Ron Johnson, R-Wis., and Ted Cruz, R-Texas, also went down to defeat. It would have allowed for the reinstatement of those service members discharged for failing to obey an order to receive the COVID-19 vaccine and compensate them for any pay and benefits lost as a result of the separation.“People serving our military are the finest among us. Over 8,000 were terminated because they refused to get this experimental vaccine, and so I’m urging all of my colleagues to support Senator Cruz’s and my amendment,” Johnson said.But opponents worried about the precedent of rewarding members of the military who disobeyed an order. Rhode Island Sen. Jack Reed, the Democratic chairman of the Senate Armed Services Committee, said orders are not suggestions, they are commands.“What message do we send if we pass this bill? It is a very dangerous one,” Reed said. “What we’re telling soldiers is, ‘if you disagree, don’t follow the order, and then just lobby Congress, and they’ll come along and they’ll restore your rank, or restore your benefits, or restore everything.’”The amendment failed, with 40 senators supporting it and 54 opposing it.The defense bill sets policy and provides a roadmap for future investments. Lawmakers will have to follow up with spending bills to bring many provisions to reality. It’s one of the final bills Congress is expected to approve before adjourning, so lawmakers were eager to attach their top priorities to it.The directive to&nbsp;<a href="https://apnews.com/article/covid-lloyd-austin-united-states-government-and-politics-ef76a0da58520cacbbfce003d66ed183">rescind the</a>&nbsp;vaccine mandate for service members proved to be among the most controversial provisions, but Democrats agreed to it to allow the bill to advance.As of early this month, about 99% of the active-duty troops in the Navy, Air Force and Marine Corps had been vaccinated, and 98% of the Army. Service members who are not vaccinated are not allowed to deploy, particularly sailors or Marines on ships. There may be a few exceptions to that, based on religious or other exemptions and the duties of the service member.The vaccination numbers for the Guard and Reserve are lower, but generally all are more than 90%.____

Bill to rescind COVID vaxx mandate for troops passes Senate

WASHINGTON (AP) — The Biden administration is once more making some&nbsp;<a href="https://apnews.com/article/how-to-get-usps-government-covid-tests-64a4e2cc86c501187a5bb401c1552188">free COVID-19 tests</a><a href="https://newsroom.ap.org/Summary%20=%20The%20Biden%20administration%20is%20once%20again%20making%20some%20free%20COVID-19%20tests%20available%20to%20all%20American%20households,%20as%20it%20unveils%20its%20contingency%20plans%20for%20potential%20coronavirus%20surges%20this%20winter.After%20a%20three%20month%20hiatus,%20the%20administration%20is%20making%20four%20rapid%20virus%20tests%20available%20to%20all%20U.S.%20households%20through%20covidtests.gov%20starting%20Thursday,%20a%20senior%20administration%20official%20said%20on%20the%20condition%20of%20anonymity%20to%20discuss%20the%20program.%20COVID-19%20cases%20have%20shown%20a%20marked%20increase%20after%20the%20Thanksgiving%20holiday%20and%20further%20increases%20are%20projected%20from%20indoor%20gathering%20and%20travel%20around%20Christmas%20and%20New%20Years.%20Body%20=%20SOCIAL%20MEDIA:%20Ahead%20of%20potential%20coronavirus%20surge,%20Biden%20administration%20to%20again%20make%20free%20COVID-19%20tests%20available.%20EMBARGOED%20UNTIL%205am%20The%20Biden%20administration%20is%20once%20again%20making%20some%20free%20COVID-19%20tests%20available%20to%20all%20American%20households,%20as%20it%20unveils%20its%20contingency%20plans%20for%20potential%20coronavirus%20surges%20this%20winter.%20After%20a%20three%20month%20hiatus,%20the%20administration%20is%20making%20four%20rapid%20virus%20tests%20available%20to%20all%20U.S.%20households%20through%20covidtests.gov%20starting%20Thursday,%20a%20senior%20administration%20official%20said.%20The%20official%20spoke%20on%20the%20condition%20of%20anonymity%20to%20discuss%20the%20program.%20COVID-19%20cases%20have%20shown%20a%20marked%20increase%20after%20the%20Thanksgiving%20holiday%20and%20further%20increases%20are%20projected%20from%20indoor%20gathering%20and%20travel%20around%20Christmas%20and%20New%20Years.%20The%20administration%20is%20putting%20personnel%20and%20equipment%20on%20standby%20should%20they%20been%20needed%20to%20help%20overwhelmed%20hospitals%20and%20nursing%20homes,%20as%20was%20necessary%20in%20earlier%20waves%20of%20the%20virus.%20So%20far%20there%20have%20been%20no%20requests%20for%20assistance,%20but%20surge%20teams,%20ventilators%20and%20personal%20protective%20equipment%20are%20ready,%20the%20official%20said.%20The%20Biden%20administration%20is%20also%20encouraging%20states%20and%20local%20governments%20to%20do%20more%20to%20encourage%20people%20to%20getU%20the%20updated%20bivalent%20COVID-19%20vaccines,%20which%20scientists%20say%20are%20more%20effective%20at%20protecting%20against%20serious%20illness%20and%20death%20from%20the%20currently%20circulating%20variants.%20The%20administration%20is%20also%20reiterating%20best%20practices%20to%20nursing%20homes%20and%20long-term%20care%20facilities%20for%20virus%20prevention%20and%20treatment,%20and%20encouraging%20administrators%20as%20well%20as%20governments%20to%20encourage%20vulnerable%20populations%20to%20get%20the%20new%20shots.%20The%20planning%20comes%20as%20the%20administration%20has%20struggled%20to%20convince%20most%20Americans%20to%20get%20the%20updated%20boosters%20as%20cases%20and%20deaths%20have%20declined%20from%20pandemic%20highs%20and%20most%20people%20have%20embraced%20a%20return%20to%20most%20of%20their%20pre-pandemic%20activities.%20The%20official%20said%20funding%20for%20the%20new%20tests%20has%20been%20reallocated%20from%20other%20virus%20programs%20while%20the%20White%20House%20struggles%20to%20get%20congressional%20buy-in%20for%20additional%20COVID-19%20emergency%20funding.%20The%20official%20declined%20to%20detail%20how%20much%20is%20being%20spent%20on%20the%20new%20tests%20or%20from%20which%20programs%20they%20were%20diverted%20from."></a>&nbsp;available to all U.S. households as it releases its contingency plans with&nbsp;<a href="https://apnews.com/hub/coronavirus-pandemic">coronavirus</a>&nbsp;cases ticking upward this winter.

<a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/12/15/fact-sheet-biden-administration-announces-covid-19-winter-preparedness-plan/">Click here to read </a>the plan details

After a three-month hiatus, the administration is making four rapid virus tests available per household through&nbsp;<a href="https://www.covid.gov/tests">covidtests.gov</a>&nbsp;starting Thursday. COVID-19 cases have shown a marked increase after the Thanksgiving holiday, and further increases are projected from indoor gathering and travel around Christmas and New Year's.

Cases are up across 90% of the country, White House COVID-19 coordinator Dr. Ashish Jha said Thursday during a briefing. Deaths and hospitalizations are also on the rise, with nearly 3,000 deaths reported last week. Most of those have been concentrated in people age 65 and older, Jha said.

“We don’t want this winter to look like last winter or the winter before,” Jha said.

As cases begin to rise again, much of the United States is also dealing with other respiratory viruses heading into this winter with an influx of flu and RSV, or&nbsp;<a href="https://apnews.com/article/science-health-covid-pandemics-072e11e5e3af77aac19fe95773a69610">respiratory syncytial virus</a>. Jha told reporters he is confident that the worst of RSV -- which hit young children particularly hard -- is over, but that flu cases are only just spiking.

The administration is putting personnel and equipment on standby should they be needed to help overwhelmed hospitals and nursing homes, as was necessary in earlier waves of the coronavirus. So far, there have been no requests for assistance, but surge teams, ventilators and personal protective equipment are ready, the White House said.

The administration is also urging states and local governments to do more to encourage people to get&nbsp;<a href="https://apnews.com/article/covid-vaccine-omicron-booster-shot-227514678d25a99b65b7ee092735fb03">the updated bivalent COVID-19 vaccines</a>, which scientists say are more effective at protecting against serious illness and death from the currently circulating variants. The administration is reiterating best practices to nursing homes and long-term care facilities for virus prevention and treatment and is urging administrators as well as governments to encourage vulnerable populations to get the new shots. Less than half of all nursing home residents have received the latest booster shot, Jha said.

The planning comes as the administration has struggled to persuade most Americans to get the updated boosters as cases and deaths have declined from pandemic highs and most people have embraced a return to most of their pre-pandemic activities. Less than 14% of people in the U.S. older than have gotten the most recent booster.

The White House said the new tests would come from the national stockpile, which still has reserves even after the administration shut off&nbsp;<a href="https://apnews.com/article/coronavirus-pandemic-business-health-lifestyle-only-on-ap-57e63ac3d5c508f3d41afdedbdc2aaea">the at-home testing program</a>&nbsp;in September, citing a lack of money from Congress. The administration is still asking Congress for billions more dollars for the virus response.

The pause on free at-home testing program this summer allowed the administration to save some free at-home tests for the surge in cases this winter, Jha said.

<figure>
 <img src="https://media.eaglewebservices.com/public/2022/1/1642088735613.png" alt="Funding for the new tests has been reallocated from other virus programs while the White House struggles to get congressional buy-in for additional COVID-19 emergency funding-White House Photo" />
 <figcaption>Funding for the new tests has been reallocated from other virus programs while the White House struggles to get congressional buy-in for additional COVID-19 emergency funding-White House Photo</figcaption>
 </figure>WASHINGTON (AP) — The Biden administration is once more making some&nbsp;<a href="https://apnews.com/article/how-to-get-usps-government-covid-tests-64a4e2cc86c501187a5bb401c1552188">free COVID-19 tests</a><a href="https://newsroom.ap.org/Summary%20=%20The%20Biden%20administration%20is%20once%20again%20making%20some%20free%20COVID-19%20tests%20available%20to%20all%20American%20households,%20as%20it%20unveils%20its%20contingency%20plans%20for%20potential%20coronavirus%20surges%20this%20winter.After%20a%20three%20month%20hiatus,%20the%20administration%20is%20making%20four%20rapid%20virus%20tests%20available%20to%20all%20U.S.%20households%20through%20covidtests.gov%20starting%20Thursday,%20a%20senior%20administration%20official%20said%20on%20the%20condition%20of%20anonymity%20to%20discuss%20the%20program.%20COVID-19%20cases%20have%20shown%20a%20marked%20increase%20after%20the%20Thanksgiving%20holiday%20and%20further%20increases%20are%20projected%20from%20indoor%20gathering%20and%20travel%20around%20Christmas%20and%20New%20Years.%20Body%20=%20SOCIAL%20MEDIA:%20Ahead%20of%20potential%20coronavirus%20surge,%20Biden%20administration%20to%20again%20make%20free%20COVID-19%20tests%20available.%20EMBARGOED%20UNTIL%205am%20The%20Biden%20administration%20is%20once%20again%20making%20some%20free%20COVID-19%20tests%20available%20to%20all%20American%20households,%20as%20it%20unveils%20its%20contingency%20plans%20for%20potential%20coronavirus%20surges%20this%20winter.%20After%20a%20three%20month%20hiatus,%20the%20administration%20is%20making%20four%20rapid%20virus%20tests%20available%20to%20all%20U.S.%20households%20through%20covidtests.gov%20starting%20Thursday,%20a%20senior%20administration%20official%20said.%20The%20official%20spoke%20on%20the%20condition%20of%20anonymity%20to%20discuss%20the%20program.%20COVID-19%20cases%20have%20shown%20a%20marked%20increase%20after%20the%20Thanksgiving%20holiday%20and%20further%20increases%20are%20projected%20from%20indoor%20gathering%20and%20travel%20around%20Christmas%20and%20New%20Years.%20The%20administration%20is%20putting%20personnel%20and%20equipment%20on%20standby%20should%20they%20been%20needed%20to%20help%20overwhelmed%20hospitals%20and%20nursing%20homes,%20as%20was%20necessary%20in%20earlier%20waves%20of%20the%20virus.%20So%20far%20there%20have%20been%20no%20requests%20for%20assistance,%20but%20surge%20teams,%20ventilators%20and%20personal%20protective%20equipment%20are%20ready,%20the%20official%20said.%20The%20Biden%20administration%20is%20also%20encouraging%20states%20and%20local%20governments%20to%20do%20more%20to%20encourage%20people%20to%20getU%20the%20updated%20bivalent%20COVID-19%20vaccines,%20which%20scientists%20say%20are%20more%20effective%20at%20protecting%20against%20serious%20illness%20and%20death%20from%20the%20currently%20circulating%20variants.%20The%20administration%20is%20also%20reiterating%20best%20practices%20to%20nursing%20homes%20and%20long-term%20care%20facilities%20for%20virus%20prevention%20and%20treatment,%20and%20encouraging%20administrators%20as%20well%20as%20governments%20to%20encourage%20vulnerable%20populations%20to%20get%20the%20new%20shots.%20The%20planning%20comes%20as%20the%20administration%20has%20struggled%20to%20convince%20most%20Americans%20to%20get%20the%20updated%20boosters%20as%20cases%20and%20deaths%20have%20declined%20from%20pandemic%20highs%20and%20most%20people%20have%20embraced%20a%20return%20to%20most%20of%20their%20pre-pandemic%20activities.%20The%20official%20said%20funding%20for%20the%20new%20tests%20has%20been%20reallocated%20from%20other%20virus%20programs%20while%20the%20White%20House%20struggles%20to%20get%20congressional%20buy-in%20for%20additional%20COVID-19%20emergency%20funding.%20The%20official%20declined%20to%20detail%20how%20much%20is%20being%20spent%20on%20the%20new%20tests%20or%20from%20which%20programs%20they%20were%20diverted%20from."></a>&nbsp;available to all U.S. households as it releases its contingency plans with&nbsp;<a href="https://apnews.com/hub/coronavirus-pandemic">coronavirus</a>&nbsp;cases ticking upward this winter.<a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/12/15/fact-sheet-biden-administration-announces-covid-19-winter-preparedness-plan/">Click here to read </a>the plan details<div><iframe src="https://www.facebook.com/plugins/video.php?height=314&href=https%3A%2F%2Fwww.facebook.com%2FWhiteHouse%2Fvideos%2F1071570614242015%2F&show_text=false&width=560&t=56" width="560" height="314" style="border:none;overflow:hidden" scrolling="no" frameborder="0" allowfullscreen="true" allow="autoplay; clipboard-write; encrypted-media; picture-in-picture; web-share" allowFullScreen="true"></iframe></div>After a three-month hiatus, the administration is making four rapid virus tests available per household through&nbsp;<a href="https://www.covid.gov/tests">covidtests.gov</a>&nbsp;starting Thursday. COVID-19 cases have shown a marked increase after the Thanksgiving holiday, and further increases are projected from indoor gathering and travel around Christmas and New Year's.<div><blockquote class="twitter-tweet">COVID cases are going up across the country. But we have the tools, infrastructure, and know-how we need to manage this moment. Today, we announced our Winter COVID-19 Preparedness Plan to ensure we stay ahead of increases in cases this winter. Take a look: <a href="https://t.co/qULXMZYD4Z">pic.twitter.com/qULXMZYD4Z</a>&mdash; President Biden (@POTUS) <a href="https://twitter.com/POTUS/status/1603464920888184846?ref_src=twsrc%5Etfw">December 15, 2022</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div>Cases are up across 90% of the country, White House COVID-19 coordinator Dr. Ashish Jha said Thursday during a briefing. Deaths and hospitalizations are also on the rise, with nearly 3,000 deaths reported last week. Most of those have been concentrated in people age 65 and older, Jha said.“We don’t want this winter to look like last winter or the winter before,” Jha said.As cases begin to rise again, much of the United States is also dealing with other respiratory viruses heading into this winter with an influx of flu and RSV, or&nbsp;<a href="https://apnews.com/article/science-health-covid-pandemics-072e11e5e3af77aac19fe95773a69610">respiratory syncytial virus</a>. Jha told reporters he is confident that the worst of RSV -- which hit young children particularly hard -- is over, but that flu cases are only just spiking.The administration is putting personnel and equipment on standby should they be needed to help overwhelmed hospitals and nursing homes, as was necessary in earlier waves of the coronavirus. So far, there have been no requests for assistance, but surge teams, ventilators and personal protective equipment are ready, the White House said.The administration is also urging states and local governments to do more to encourage people to get&nbsp;<a href="https://apnews.com/article/covid-vaccine-omicron-booster-shot-227514678d25a99b65b7ee092735fb03">the updated bivalent COVID-19 vaccines</a>, which scientists say are more effective at protecting against serious illness and death from the currently circulating variants. The administration is reiterating best practices to nursing homes and long-term care facilities for virus prevention and treatment and is urging administrators as well as governments to encourage vulnerable populations to get the new shots. Less than half of all nursing home residents have received the latest booster shot, Jha said.The planning comes as the administration has struggled to persuade most Americans to get the updated boosters as cases and deaths have declined from pandemic highs and most people have embraced a return to most of their pre-pandemic activities. Less than 14% of people in the U.S. older than have gotten the most recent booster.The White House said the new tests would come from the national stockpile, which still has reserves even after the administration shut off&nbsp;<a href="https://apnews.com/article/coronavirus-pandemic-business-health-lifestyle-only-on-ap-57e63ac3d5c508f3d41afdedbdc2aaea">the at-home testing program</a>&nbsp;in September, citing a lack of money from Congress. The administration is still asking Congress for billions more dollars for the virus response.The pause on free at-home testing program this summer allowed the administration to save some free at-home tests for the surge in cases this winter, Jha said.___

🎥White House winter COVID-19 plan includes more free tests

By ALLISON KITE <a href="https://kansasreflector.com/2022/12/15/its-time-to-deal-with-this-kansas-water-authority-wants-to-save-ogallala-aquifer/">Kansas Reflector</a>

COLBY — Kansas should scrap its de facto policy of&nbsp;<a target="_blank" href="https://kansasreflector.com/2022/08/29/western-kansas-economy-threatened-by-reliance-on-irrigating-crops-with-ogallala-aquifer/">draining the Ogallala Aquifer</a>, a state board decided Wednesday.

Instead, the board said, the Kansas government should take steps to stop the decline of the aquifer, which supplies water to one-sixth of the world’s grain supply, and save it for future generations.

“It has taken decades for this to be said formally in writing by an official state body,” said Connie Owen, director of the Kansas Water Office. “… This is nothing less than historic.”

Saving the water source that supports Western Kansas’ economy and communities may seem like an obvious stance to take, but for about 70 years, the state’s policies and management decisions have reflected the idea that eventually, the Ogallala would dry up, said Earl Lewis, Kansas’ chief engineer.&nbsp;

The Kansas Water Authority, which is made up of agricultural and industrial water users and utilities, wants to chart a new course. It voted almost unanimously Wednesday to recommend that the state scrap the policy of “planned depletion.”

“It’s time to deal with this while we still have some choices,” said John Bailey, a member of the Kansas Water Authority from Pittsburg. “If we don’t, we’re going to find ourselves in a very bad situation.”

The Ogallala Aquifer, one of the world’s largest underground sources of fresh water, stretches across parts of eight states from South Dakota to Texas. After World War II farmers started pumping water from it to irrigate crops in arid western Kansas, establishing the region as a booming farming economy. For decades, the water was used with little thought of ensuring enough remained for future generations.&nbsp;

But now, the&nbsp;<a target="_blank" href="https://kansasreflector.com/2022/05/16/why-an-ambitious-effort-to-overhaul-kansas-water-management-fell-short/">water is running out</a>. Some&nbsp;<a target="_blank" href="https://kansasreflector.com/2022/01/09/nonrenewable-resource-as-western-kansas-dries-up-legislature-revisits-water-policy/">parts of the aquifer have half the water they had before irrigation</a>&nbsp;on the aquifer began. Parts of western Kansas have an estimated 10 years of water left. There’s little surface water since streams that reliably flowed through the area in 1961 all but disappeared, according to the&nbsp;<a target="_blank" href="https://www.kgs.ku.edu/HighPlains/HPA_Atlas/index.html">Kansas Geological Survey</a>.

Draining the aquifer would fundamentally change life in western Kansas. Farm properties would lose their value if there’s no water to grow a crop. Families could lose their livelihoods and communities could disappear.

But while it’s widely accepted that the Ogallala is essential to western Kansas, Kansas Water Authority chairwoman Dawn Buehler said many farmers have been waiting on the government to tell them it’s time to do something.&nbsp;

“We’ve heard that over and over from people —&nbsp;that, ‘Well, you know, we’re not at a dangerous zone yet because they’ll let us know when it’s time,’ ” Buehler said.

She continued: “I think the importance of today was saying, ‘It’s time.’ ”

The Kansas Water Authority, which meets roughly every two months in different locations around the state, voted Wednesday to place language in the body’s annual report to the governor and legislature saying the “policy of planned depletion of the Ogallala Aquifer is no longer in the best interest of the state of Kansas.”

The report will also recommend the state create a formal process to establish goals and actions to “halt the decline of the Ogallala Aquifer while promoting flexible and innovative management within a timeframe that achieves agricultural productivity, thriving economies and vibrant communities —&nbsp;now and for future generations of Kansans.”&nbsp;

It had wide support among the authority members.&nbsp;

“My opinion of this is that it should have been done 15 years ago or 20,” said Lynn Goossen, a farmer from Colby who serves on the Kansas Water Authority and the board of the groundwater management district in northwest Kansas.&nbsp;

Goossen said there are parts of Kansas where the aquifer still has abundant water left but that people are “sticking their heads in the sand” rather than saving it.&nbsp;

Some water users have pursued a longshot idea to draw water from the Missouri River via an aqueduct to southwest Kansas. They&nbsp;<a target="_blank" href="https://kansasreflector.com/2022/10/21/officials-plan-to-truck-6000-gallons-of-water-from-missouri-river-across-kansas/">trucked 6,000 gallons of water from northeast Kansas</a>&nbsp;across the state as a “proof of concept.”&nbsp;

The goal to “halt” the decline of the aquifer gave pause to one member of the authority who asked that the statement instead say officials should “address” the decline of the aquifer.&nbsp;

Randy Hayzlett, a farmer and rancher from Lakin who serves on the authority, was the lone vote against the language, though the subsequent vote to send the full annual report to policymakers was unanimous.&nbsp;

Hayzlett said he couldn’t support establishing the goal without details about what it would mean to “halt” the decline of the aquifer.&nbsp;

“That’s a pretty strong word, and it’s going to affect a lot of people,” he said.

Hayzlett said he wanted to do everything possible to remedy the decline of the Ogallala but didn’t want to throw a word out there without a plan to achieve it.

“Is it going to halt declining the aquifer? Is it going to halt the economy of western Kansas?” he said. “Just what’s it going to put a cap on and then how are we going to get there?”

Lewis said Kansas has talked about the issue of the Ogallala Aquifer for 50 years. If authority members wait for a plan, he said, they’ll get bogged down in the details.&nbsp;

“What you’re doing is really setting a course,” Lewis said. “You’re saying, ‘I want to go in that direction. … I don’t know how I’m going to get there and it’s going to take a lot of us working together to get there.’ ”

<figure>
 <img src="https://media.eaglewebservices.com/public/2022/12/1671114142211.png" alt="Dawn Buehler, chairwoman of the Kansas Water Authority, presides over a meeting Wednesday in Colby. The authority voted to adopt language saying Kansas should not deplete the Ogallala Aquifer. (Allison Kite/Kansas Reflector)" />
 <figcaption>Dawn Buehler, chairwoman of the Kansas Water Authority, presides over a meeting Wednesday in Colby. The authority voted to adopt language saying Kansas should not deplete the Ogallala Aquifer. (Allison Kite/Kansas Reflector)</figcaption>
 </figure>By ALLISON KITE <a href="https://kansasreflector.com/2022/12/15/its-time-to-deal-with-this-kansas-water-authority-wants-to-save-ogallala-aquifer/">Kansas Reflector</a>COLBY — Kansas should scrap its de facto policy of&nbsp;<a target="_blank" href="https://kansasreflector.com/2022/08/29/western-kansas-economy-threatened-by-reliance-on-irrigating-crops-with-ogallala-aquifer/">draining the Ogallala Aquifer</a>, a state board decided Wednesday.Instead, the board said, the Kansas government should take steps to stop the decline of the aquifer, which supplies water to one-sixth of the world’s grain supply, and save it for future generations.“It has taken decades for this to be said formally in writing by an official state body,” said Connie Owen, director of the Kansas Water Office. “… This is nothing less than historic.”Saving the water source that supports Western Kansas’ economy and communities may seem like an obvious stance to take, but for about 70 years, the state’s policies and management decisions have reflected the idea that eventually, the Ogallala would dry up, said Earl Lewis, Kansas’ chief engineer.&nbsp;The Kansas Water Authority, which is made up of agricultural and industrial water users and utilities, wants to chart a new course. It voted almost unanimously Wednesday to recommend that the state scrap the policy of “planned depletion.”“It’s time to deal with this while we still have some choices,” said John Bailey, a member of the Kansas Water Authority from Pittsburg. “If we don’t, we’re going to find ourselves in a very bad situation.”The Ogallala Aquifer, one of the world’s largest underground sources of fresh water, stretches across parts of eight states from South Dakota to Texas. After World War II farmers started pumping water from it to irrigate crops in arid western Kansas, establishing the region as a booming farming economy. For decades, the water was used with little thought of ensuring enough remained for future generations.&nbsp;But now, the&nbsp;<a target="_blank" href="https://kansasreflector.com/2022/05/16/why-an-ambitious-effort-to-overhaul-kansas-water-management-fell-short/">water is running out</a>. Some&nbsp;<a target="_blank" href="https://kansasreflector.com/2022/01/09/nonrenewable-resource-as-western-kansas-dries-up-legislature-revisits-water-policy/">parts of the aquifer have half the water they had before irrigation</a>&nbsp;on the aquifer began. Parts of western Kansas have an estimated 10 years of water left. There’s little surface water since streams that reliably flowed through the area in 1961 all but disappeared, according to the&nbsp;<a target="_blank" href="https://www.kgs.ku.edu/HighPlains/HPA_Atlas/index.html">Kansas Geological Survey</a>.Draining the aquifer would fundamentally change life in western Kansas. Farm properties would lose their value if there’s no water to grow a crop. Families could lose their livelihoods and communities could disappear.But while it’s widely accepted that the Ogallala is essential to western Kansas, Kansas Water Authority chairwoman Dawn Buehler said many farmers have been waiting on the government to tell them it’s time to do something.&nbsp;“We’ve heard that over and over from people —&nbsp;that, ‘Well, you know, we’re not at a dangerous zone yet because they’ll let us know when it’s time,’ ” Buehler said.She continued: “I think the importance of today was saying, ‘It’s time.’ ”<figure>
 <img src="https://media.eaglewebservices.com/public/2022/12/1671114592256.png" alt="Kansas Geological Survey at the University of Kansas is embarking on a two-year study of playas that hold water during wet periods in Scott County and elsewhere to better understand their role in recharge of the underground Ogallala aquifer. (Bill Johnson/Kansas Geological Survey)" />
 <figcaption>Kansas Geological Survey at the University of Kansas is embarking on a two-year study of playas that hold water during wet periods in Scott County and elsewhere to better understand their role in recharge of the underground Ogallala aquifer. (Bill Johnson/Kansas Geological Survey)</figcaption>
 </figure><h2>A vote to change course</h2>The Kansas Water Authority, which meets roughly every two months in different locations around the state, voted Wednesday to place language in the body’s annual report to the governor and legislature saying the “policy of planned depletion of the Ogallala Aquifer is no longer in the best interest of the state of Kansas.”The report will also recommend the state create a formal process to establish goals and actions to “halt the decline of the Ogallala Aquifer while promoting flexible and innovative management within a timeframe that achieves agricultural productivity, thriving economies and vibrant communities —&nbsp;now and for future generations of Kansans.”&nbsp;It had wide support among the authority members.&nbsp;“My opinion of this is that it should have been done 15 years ago or 20,” said Lynn Goossen, a farmer from Colby who serves on the Kansas Water Authority and the board of the groundwater management district in northwest Kansas.&nbsp;Goossen said there are parts of Kansas where the aquifer still has abundant water left but that people are “sticking their heads in the sand” rather than saving it.&nbsp;Some water users have pursued a longshot idea to draw water from the Missouri River via an aqueduct to southwest Kansas. They&nbsp;<a target="_blank" href="https://kansasreflector.com/2022/10/21/officials-plan-to-truck-6000-gallons-of-water-from-missouri-river-across-kansas/">trucked 6,000 gallons of water from northeast Kansas</a>&nbsp;across the state as a “proof of concept.”&nbsp;The goal to “halt” the decline of the aquifer gave pause to one member of the authority who asked that the statement instead say officials should “address” the decline of the aquifer.&nbsp;Randy Hayzlett, a farmer and rancher from Lakin who serves on the authority, was the lone vote against the language, though the subsequent vote to send the full annual report to policymakers was unanimous.&nbsp;Hayzlett said he couldn’t support establishing the goal without details about what it would mean to “halt” the decline of the aquifer.&nbsp;“That’s a pretty strong word, and it’s going to affect a lot of people,” he said.Hayzlett said he wanted to do everything possible to remedy the decline of the Ogallala but didn’t want to throw a word out there without a plan to achieve it.“Is it going to halt declining the aquifer? Is it going to halt the economy of western Kansas?” he said. “Just what’s it going to put a cap on and then how are we going to get there?”Lewis said Kansas has talked about the issue of the Ogallala Aquifer for 50 years. If authority members wait for a plan, he said, they’ll get bogged down in the details.&nbsp;“What you’re doing is really setting a course,” Lewis said. “You’re saying, ‘I want to go in that direction. … I don’t know how I’m going to get there and it’s going to take a lot of us working together to get there.’ ”

‘It’s time’: Kansas Water Authority wants to save Ogallala Aquifer

KYIV, Ukraine (AP) — Russia's Foreign Ministry warned Thursday that if the United States confirms reports that it plans to deliver sophisticated air defense missiles to Ukraine, it would be "another provocative move by the U.S." that could prompt a response from Moscow.

Ministry spokesperson Maria Zakharova said in a weekly briefing that the U.S. had "effectively become a party" to the war in Ukraine, following reports that it will provide Kyiv with Patriot surface-to-air missiles, the most advanced the West has yet offered to help repel Russian aerial attacks.

Growing amounts of U.S. military assistance, including the transfer of such sophisticated weapons, "would mean even broader involvement of military personnel in the hostilities and could entail possible consequences," Zakharova added.

She did not specify what the consequences might be.

U.S. officials said Tuesday that Washington was poised to approve sending a Patriot missile battery to Ukraine, finally agreeing to an urgent request from Ukrainian leaders desperate for more robust weapons to shoot down incoming Russian missiles that have crippled much of the country's vital infrastructure. An official announcement is expected soon.

Operating and maintaining a Patriot battery requires as many as 90 troops, and for months the U.S. has been reluctant to provide the complex system because sending American forces into Ukraine to operate the systems is a nonstarter for the administration of President Joe Biden.

Even without the presence of U.S. service members to train Ukrainians on use of the system, concerns remain that deployment of the missiles could provoke Russia or risk that a fired projectile could hit inside Russia and further escalate the conflict.

Before reports emerged on the delivery of Patriot systems, Dmitry Medvedev, deputy head of Russia's Security Council, which is chaired by President Vladimir Putin, warned that if Patriots enter Ukraine "along with NATO personnel, they will immediately become a legitimate target for our armed forces."

Asked Wednesday whether the Kremlin backs that threat, Kremlin spokesman Dmitry Peskov answered yes, but added in a conference call with reporters that he would refrain from more detailed comment until the U.S. officially announces the Patriot delivery to Ukraine.

Ukraine has so far been cautious in reacting to the reports. Hanna Maliar, Ukraine's deputy defense minister, told reporters Thursday in Kyiv that the delivery of such weaponry remains "sensitive not only for Ukraine, but for our partners," and that only President Volodymyr Zelenskyy or Defense Minister Oleksiy Reznikov would make any official announcement on such an agreement.

White House and Pentagon leaders have said consistently that providing Ukraine with additional air defenses is a priority, and Patriot missiles have been under consideration for some time. As the winter closed in and the Russian bombardment of civilian infrastructure escalated, official said, the idea became a higher priority.

Ukraine's electricity provider said Thursday that the country's energy system had a "significant deficit of electricity," and that emergency shutdowns had been applied in some areas as temperatures hover around or below freezing.

The state-owned grid operator Ukrenergo warned in a statement on Facebook that damage caused to energy infrastructure by Russian attacks is being compounded by harsh weather, including snow, ice and strong winds.

Maximum temperatures in the capital were forecast to barely climb above freezing heading into the weekend, with even colder weather expected early next week.

The southern Ukrainian city of Kherson was left completely without power following Russian shelling on Thursday, according to Kyrylo Tymoshenko, deputy head of the Ukrainian president's office, who wrote on Telegram. He added that two people were killed in the attacks.

Heavy shelling of the city's Korabelny district was still underway in the afternoon, and Russian shells hit 100 meters (yards) from the regional administration building, he said.

Amid the infrastructure attacks and power outages across the country, seven civilians were killed and 19 wounded on Wednesday and Thursday, according to a report issued by the Ukrainian president's office.

The head of Ukraine's eastern Donetsk province, Pavlo Kyrylenko, reported that Russian strikes the previous day had killed two civilians and wounded seven.

Kremlin-backed authorities in the region, which was illegally annexed by Moscow in September, announced that Russia had taken control of 80% of the city of Marinka, seen as critical to Ukrainian hopes of retaking the Russian-held regional capital, Donetsk.

The Moscow-installed mayor of Donetsk, Aleksei Kulemzin, said Thursday that the city center had been hit by "the most massive strike" since the area came under the control of Russian-backed separatists in 2014.

Writing on Telegram, Kulemzin said 40 Ukrainian rockets struck Donetsk on Thursday morning, noting that multistory residential buildings were hit and that fires broke out at a hospital and university campus.

— Russia continued to build up its military presence in Belarus, a senior Ukrainian military official said. According to Brig. Gen. Oleksiy Hromov, Russian units "are undergoing training and combat coordination" in Belarus, with the Kremlin using Belarusian officers and training grounds to improve the combat capability of existing units, as well as to train newly created units.

Speaking at a press briefing, Hromov said the probability of a Russian offensive from Belarus "remains low," but he highlighted that the transfer of Russian weapons to Belarus is ongoing, including three hypersonic missile-carrying aircraft, a set of tanks and a long-range radar-detection aircraft.

— Russia's Foreign Ministry says the Vatican has apologized for a statement Pope Francis made in a recent interview in which he singled out two Russian ethnic minorities — the Chechens and the Buryats — as being "the most cruel" participants in the war in Ukraine.

At a briefing on Thursday, Zakharova quoted from what she said was a message from the Vatican that "apologizes to the Russian side" for the pope's comments. Zakharova praised the message, saying that it showed the Vatican's "ability to conduct dialogue and listen to interlocutors." A Vatican spokesman would say only that there had been diplomatic contacts on the matter.

<figure>
 <img src="https://media.eaglewebservices.com/public/2022/9/1663760963726.jpeg" alt="Image from a video released by the Russian Presidential Press Service, Russian President Vladimir Putin via AP" />
 <figcaption>Image from a video released by the Russian Presidential Press Service, Russian President Vladimir Putin via AP</figcaption>
 </figure>By JAMEY KEATEN Associated PressKYIV, Ukraine (AP) — Russia's Foreign Ministry warned Thursday that if the United States confirms reports that it plans to deliver sophisticated air defense missiles to Ukraine, it would be "another provocative move by the U.S." that could prompt a response from Moscow.Ministry spokesperson Maria Zakharova said in a weekly briefing that the U.S. had "effectively become a party" to the war in Ukraine, following reports that it will provide Kyiv with Patriot surface-to-air missiles, the most advanced the West has yet offered to help repel Russian aerial attacks.Growing amounts of U.S. military assistance, including the transfer of such sophisticated weapons, "would mean even broader involvement of military personnel in the hostilities and could entail possible consequences," Zakharova added.She did not specify what the consequences might be.U.S. officials said Tuesday that Washington was poised to approve sending a Patriot missile battery to Ukraine, finally agreeing to an urgent request from Ukrainian leaders desperate for more robust weapons to shoot down incoming Russian missiles that have crippled much of the country's vital infrastructure. An official announcement is expected soon.Operating and maintaining a Patriot battery requires as many as 90 troops, and for months the U.S. has been reluctant to provide the complex system because sending American forces into Ukraine to operate the systems is a nonstarter for the administration of President Joe Biden.Even without the presence of U.S. service members to train Ukrainians on use of the system, concerns remain that deployment of the missiles could provoke Russia or risk that a fired projectile could hit inside Russia and further escalate the conflict.Before reports emerged on the delivery of Patriot systems, Dmitry Medvedev, deputy head of Russia's Security Council, which is chaired by President Vladimir Putin, warned that if Patriots enter Ukraine "along with NATO personnel, they will immediately become a legitimate target for our armed forces."Asked Wednesday whether the Kremlin backs that threat, Kremlin spokesman Dmitry Peskov answered yes, but added in a conference call with reporters that he would refrain from more detailed comment until the U.S. officially announces the Patriot delivery to Ukraine.Ukraine has so far been cautious in reacting to the reports. Hanna Maliar, Ukraine's deputy defense minister, told reporters Thursday in Kyiv that the delivery of such weaponry remains "sensitive not only for Ukraine, but for our partners," and that only President Volodymyr Zelenskyy or Defense Minister Oleksiy Reznikov would make any official announcement on such an agreement.White House and Pentagon leaders have said consistently that providing Ukraine with additional air defenses is a priority, and Patriot missiles have been under consideration for some time. As the winter closed in and the Russian bombardment of civilian infrastructure escalated, official said, the idea became a higher priority.Ukraine's electricity provider said Thursday that the country's energy system had a "significant deficit of electricity," and that emergency shutdowns had been applied in some areas as temperatures hover around or below freezing.The state-owned grid operator Ukrenergo warned in a statement on Facebook that damage caused to energy infrastructure by Russian attacks is being compounded by harsh weather, including snow, ice and strong winds.Maximum temperatures in the capital were forecast to barely climb above freezing heading into the weekend, with even colder weather expected early next week.The southern Ukrainian city of Kherson was left completely without power following Russian shelling on Thursday, according to Kyrylo Tymoshenko, deputy head of the Ukrainian president's office, who wrote on Telegram. He added that two people were killed in the attacks.Heavy shelling of the city's Korabelny district was still underway in the afternoon, and Russian shells hit 100 meters (yards) from the regional administration building, he said.Amid the infrastructure attacks and power outages across the country, seven civilians were killed and 19 wounded on Wednesday and Thursday, according to a report issued by the Ukrainian president's office.The head of Ukraine's eastern Donetsk province, Pavlo Kyrylenko, reported that Russian strikes the previous day had killed two civilians and wounded seven.Kremlin-backed authorities in the region, which was illegally annexed by Moscow in September, announced that Russia had taken control of 80% of the city of Marinka, seen as critical to Ukrainian hopes of retaking the Russian-held regional capital, Donetsk.The Moscow-installed mayor of Donetsk, Aleksei Kulemzin, said Thursday that the city center had been hit by "the most massive strike" since the area came under the control of Russian-backed separatists in 2014.Writing on Telegram, Kulemzin said 40 Ukrainian rockets struck Donetsk on Thursday morning, noting that multistory residential buildings were hit and that fires broke out at a hospital and university campus.In other developments Thursday:— Russia continued to build up its military presence in Belarus, a senior Ukrainian military official said. According to Brig. Gen. Oleksiy Hromov, Russian units "are undergoing training and combat coordination" in Belarus, with the Kremlin using Belarusian officers and training grounds to improve the combat capability of existing units, as well as to train newly created units.Speaking at a press briefing, Hromov said the probability of a Russian offensive from Belarus "remains low," but he highlighted that the transfer of Russian weapons to Belarus is ongoing, including three hypersonic missile-carrying aircraft, a set of tanks and a long-range radar-detection aircraft.— Russia's Foreign Ministry says the Vatican has apologized for a statement Pope Francis made in a recent interview in which he singled out two Russian ethnic minorities — the Chechens and the Buryats — as being "the most cruel" participants in the war in Ukraine.At a briefing on Thursday, Zakharova quoted from what she said was a message from the Vatican that "apologizes to the Russian side" for the pope's comments. Zakharova praised the message, saying that it showed the Vatican's "ability to conduct dialogue and listen to interlocutors." A Vatican spokesman would say only that there had been diplomatic contacts on the matter.___

Russia warns of 'consequences' if US defense missiles go to Ukraine

By CELIA LLOPIS-JEPSEN <a href="https://www.kcur.org/news/2022-12-15/not-just-any-oil-spill-the-keystone-pipeline-dumped-notoriously-hard-to-clean-dilbit-in-kansas">Kansas News Service</a>

Each day that passes, the hundreds of thousands of gallons of sludgy 
oil coating Mill Creek in north-central Kansas become harder to clean 
up.

That’s because the pipeline that busted just outside the town of Washington on Dec. 7 doesn’t carry conventional crude
 oil. It carries a product of the Canadian tar sands called diluted 
bitumen that changes dramatically in chemical composition and behavior 
soon after escaping from pipes.

A <a href="https://nap.nationalacademies.org/read/21834/chapter/1" target="_blank">National Academies of Sciences</a> study found that transformation means the crude oil can start sinking below the water’s surface in a matter of days.

The Kansas spill occurred <a href="https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2022-12/TC%20Oil%20CAO.3-2022-074.pdf" target="_blank">eight days ago</a> and is now the second-largest spill of tar sands crude on U.S. soil.

The
 Environmental Protection Agency acknowledged Thursday morning that the 
crude was diluted bitumen, also known as dilbit. But the agency wouldn’t
 respond to questions about the implications of that fact for cleaning 
and containing the notoriously elusive crude oil.

And it wouldn’t 
disclose what methods were being used to verify the material is truly 
contained, even as Mill Creek continues to flow downstream.

TC Energy won’t answer those questions either.

The same 2016 National Academies of Science study of diluted bitumen —
 a deep dive ordered by Congress in the wake of the nation’s largest 
inland spill of the stuff in Michigan in 2010 — found that bitumen’s 
peanut butter-like consistency poses special risks to the environment.

“When
 a significant fraction of the spilled crude oil” sinks below the 
water’s surface, the scientists concluded, “the response becomes more 
complex because there are few proven techniques in the responder ‘tool 
box’ for detection, containment, and recovery.”

Once it escapes its pipe, diluted bitumen also becomes far stickier than other types of crude oil.

In
 Michigan, the gunk proved so gluey that it was easier to haul rocks 
away that had been coated with it along the Kalamazoo River than to 
scrub the bitumen off of them, said Steve Hamilton, a biologist who 
advised the U.S. Environmental Protection Agency on the cleanup.

“It’s
 almost impossible to clean from surfaces,” said Hamilton, a professor 
at Michigan State University and member of the National Academies of 
Sciences committee that wrote the 2016 report on diluted bitumen. “We 
tried hot water sprays and detergent and so on. … It’s extremely sticky 
once it has been exposed to air for a while.”

Of the estimated 
14,000 barrels that spilled — nearly 600,000 gallons — out of the 
three-foot-wide Keystone pipeline, most has not yet been recovered.

In
 the 2016 report, scientists concluded that once the bitumen starts 
sinking, detecting it and retrieving it becomes very difficult. So does 
containing it.

“It ultimately took four years to clean up the 
Kalamazoo River spill,” Hamilton said Wednesday, “And you could argue 
that three and three-quarters of those years were all about (removing) 
submerged oil.”

One silver lining: The 2016 report suggests that 
although bitumen spills may harm water quality more than conventional 
crude oil spills, as the substance weathers, it may pose less risk of 
contaminating groundwater (as opposed to surface water such as creeks) and drinking water.

On
 Tuesday, the Kansas News Service asked TC Energy which specific 
detection techniques the company is using to verify whether the crude 
oil spilled in Kansas has been entirely contained within a four-mile 
stretch of Mill Creek.

The News Service also asked which specific 
cleanup techniques are being used to address the concerns of scientists 
that traditional crude oil cleanup approaches have limited success on 
diluted bitumen spills.

“We
 have the people, expertise, training and equipment to mount an 
effective response and clean-up, and that’s what we’re doing,” the 
company said in an email.

It repeated previous public statements 
that it has deployed booms at the site and said it sees “no indication” 
that the oil is passing its barriers.

“Our approach in any 
incident is to respond and clean up the site as quickly as possible,” it
 said, “reducing the opportunity for any type of crude oil, including 
diluted bitumen, to have a lasting impact on the environment.”

It also noted that its containment efforts were monitored by the EPA.

The
 EPA says the spill has been contained to the 4 miles of creek that lie 
downstream from the pipeline break, and that the spill didn’t affect 
drinking water supplies, including wells.

The agency has coordinators at the site to oversee the cleanup.

Two
 underflow dams have been built, but they allow the stream to keep 
flowing under the water’s surface, where dilbit could already be 
present.

In 2007, the U.S. Department of Transportation decided it
 would allow the stretch of Keystone pipeline that runs from Nebraska 
through Kansas to Oklahoma to eventually operate at a higher pressure 
than is otherwise allowed because it would be made of stronger steel. It
 <a href="https://www.gao.gov/assets/gao-21-588.pdf" target="_blank">gave the final go-ahead</a> a decade later.

On
 Thursday, the EPA said workers had pulled about 5,600 barrels of fluid 
from Mill Creek, though that fluid is a combination of oil and water. It
 says 5,000 cubic yards of oil-contaminated soil have been removed, and 
nine cubic yards of oily solids.

Tar sands oil, or bitumen, is far
 too thick to travel through pipelines. So companies in Canada force it 
into a more moveable state by mixing it with lighter volatile compounds.

But
 if a pipe breaks and the oil escapes, the diluted bitumen soon reverts 
to its original, sludgier consistency. The additives largely evaporate, 
leaving the ultra sticky, thick bitumen residue.

Bitumen doesn’t 
float on water, the way crude oil does. And that leaves a short time to 
capture diluted bitumen from the surface of rivers, creeks and lakes 
before the sludge disappears from view.

“This situation is highly 
problematic for spill response,” the National Academies report 
concluded, because “there are few effective techniques for detection, 
containment, and recovery of oil” once it has begun sinking.

And 
once it reaches the bottom of the water body, finding and cleaning it 
remains complicated. Retrieving generally involves dredging.

“Given
 these greater levels of concern,” the report concluded, “spills of 
diluted bitumen should elicit unique, immediate actions.”

The 
scientists expressed concern that federal policies that govern spill 
planning and response fell short of properly considering the special 
conundrums posed by diluted bitumen.

“Broadly, regulations and 
agency practices do not take the unique properties of diluted bitumen 
into account, nor do they encourage effective planning for spills of 
diluted bitumen,” the report said.

Most methods for trying to detect sunken bitumen don’t seem to work well, the report said.

The
 cause of the pipeline break in Kansas remains unknown, and a 
third-party analysis of the matter could take up to three months, 
according to the <a href="https://www.phmsa.dot.gov/" target="_blank">U.S. Department of Transportation administration</a> that regulates oil pipelines.

The
 Michigan spill involved upward of 840,000 gallons (20,000 barrels) of 
oil. That contaminated more than 30 miles of the Kalamazoo River, plus 
nearby woodlands and wetlands. The sheer scale of the disaster was 
exacerbated by heavy rains.

<figure>
 <img src="https://media.eaglewebservices.com/public/2022/12/1671117354594.png" alt="A dark streak of spilled oil in Washington County, Kansas, near the Nebraska border where the Keystone pipeline ruptured last week. Tyler Kersting / Nebraska Public Media" />
 <figcaption>A dark streak of spilled oil in Washington County, Kansas, near the Nebraska border where the Keystone pipeline ruptured last week. Tyler Kersting / Nebraska Public Media</figcaption>
 </figure>By CELIA LLOPIS-JEPSEN <a href="https://www.kcur.org/news/2022-12-15/not-just-any-oil-spill-the-keystone-pipeline-dumped-notoriously-hard-to-clean-dilbit-in-kansas">Kansas News Service</a>Each day that passes, the hundreds of thousands of gallons of sludgy 
oil coating Mill Creek in north-central Kansas become harder to clean 
up.That’s because the pipeline that busted just outside the town of Washington on Dec. 7 doesn’t carry conventional crude
 oil. It carries a product of the Canadian tar sands called diluted 
bitumen that changes dramatically in chemical composition and behavior 
soon after escaping from pipes.A <a href="https://nap.nationalacademies.org/read/21834/chapter/1" target="_blank">National Academies of Sciences</a> study found that transformation means the crude oil can start sinking below the water’s surface in a matter of days.The Kansas spill occurred <a href="https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2022-12/TC%20Oil%20CAO.3-2022-074.pdf" target="_blank">eight days ago</a> and is now the second-largest spill of tar sands crude on U.S. soil.The
 Environmental Protection Agency acknowledged Thursday morning that the 
crude was diluted bitumen, also known as dilbit. But the agency wouldn’t
 respond to questions about the implications of that fact for cleaning 
and containing the notoriously elusive crude oil.And it wouldn’t 
disclose what methods were being used to verify the material is truly 
contained, even as Mill Creek continues to flow downstream.TC Energy won’t answer those questions either.The same 2016 National Academies of Science study of diluted bitumen —
 a deep dive ordered by Congress in the wake of the nation’s largest 
inland spill of the stuff in Michigan in 2010 — found that bitumen’s 
peanut butter-like consistency poses special risks to the environment.“When
 a significant fraction of the spilled crude oil” sinks below the 
water’s surface, the scientists concluded, “the response becomes more 
complex because there are few proven techniques in the responder ‘tool 
box’ for detection, containment, and recovery.”Once it escapes its pipe, diluted bitumen also becomes far stickier than other types of crude oil.In
 Michigan, the gunk proved so gluey that it was easier to haul rocks 
away that had been coated with it along the Kalamazoo River than to 
scrub the bitumen off of them, said Steve Hamilton, a biologist who 
advised the U.S. Environmental Protection Agency on the cleanup.“It’s
 almost impossible to clean from surfaces,” said Hamilton, a professor 
at Michigan State University and member of the National Academies of 
Sciences committee that wrote the 2016 report on diluted bitumen. “We 
tried hot water sprays and detergent and so on. … It’s extremely sticky 
once it has been exposed to air for a while.”Of the estimated 
14,000 barrels that spilled — nearly 600,000 gallons — out of the 
three-foot-wide Keystone pipeline, most has not yet been recovered.In
 the 2016 report, scientists concluded that once the bitumen starts 
sinking, detecting it and retrieving it becomes very difficult. So does 
containing it.“It ultimately took four years to clean up the 
Kalamazoo River spill,” Hamilton said Wednesday, “And you could argue 
that three and three-quarters of those years were all about (removing) 
submerged oil.”One silver lining: The 2016 report suggests that 
although bitumen spills may harm water quality more than conventional 
crude oil spills, as the substance weathers, it may pose less risk of 
contaminating groundwater (as opposed to surface water such as creeks) and drinking water.On
 Tuesday, the Kansas News Service asked TC Energy which specific 
detection techniques the company is using to verify whether the crude 
oil spilled in Kansas has been entirely contained within a four-mile 
stretch of Mill Creek.The News Service also asked which specific 
cleanup techniques are being used to address the concerns of scientists 
that traditional crude oil cleanup approaches have limited success on 
diluted bitumen spills.TC Energy wouldn’t offer specifics.“We
 have the people, expertise, training and equipment to mount an 
effective response and clean-up, and that’s what we’re doing,” the 
company said in an email.It repeated previous public statements 
that it has deployed booms at the site and said it sees “no indication” 
that the oil is passing its barriers.“Our approach in any 
incident is to respond and clean up the site as quickly as possible,” it
 said, “reducing the opportunity for any type of crude oil, including 
diluted bitumen, to have a lasting impact on the environment.”It also noted that its containment efforts were monitored by the EPA.The
 EPA says the spill has been contained to the 4 miles of creek that lie 
downstream from the pipeline break, and that the spill didn’t affect 
drinking water supplies, including wells.The agency has coordinators at the site to oversee the cleanup.Two
 underflow dams have been built, but they allow the stream to keep 
flowing under the water’s surface, where dilbit could already be 
present.In 2007, the U.S. Department of Transportation decided it
 would allow the stretch of Keystone pipeline that runs from Nebraska 
through Kansas to Oklahoma to eventually operate at a higher pressure 
than is otherwise allowed because it would be made of stronger steel. It
 <a href="https://www.gao.gov/assets/gao-21-588.pdf" target="_blank">gave the final go-ahead</a> a decade later.On
 Thursday, the EPA said workers had pulled about 5,600 barrels of fluid 
from Mill Creek, though that fluid is a combination of oil and water. It
 says 5,000 cubic yards of oil-contaminated soil have been removed, and 
nine cubic yards of oily solids.Tar sands oil, or bitumen, is far
 too thick to travel through pipelines. So companies in Canada force it 
into a more moveable state by mixing it with lighter volatile compounds.But
 if a pipe breaks and the oil escapes, the diluted bitumen soon reverts 
to its original, sludgier consistency. The additives largely evaporate, 
leaving the ultra sticky, thick bitumen residue.Bitumen doesn’t 
float on water, the way crude oil does. And that leaves a short time to 
capture diluted bitumen from the surface of rivers, creeks and lakes 
before the sludge disappears from view.“This situation is highly 
problematic for spill response,” the National Academies report 
concluded, because “there are few effective techniques for detection, 
containment, and recovery of oil” once it has begun sinking.And 
once it reaches the bottom of the water body, finding and cleaning it 
remains complicated. Retrieving generally involves dredging.“Given
 these greater levels of concern,” the report concluded, “spills of 
diluted bitumen should elicit unique, immediate actions.”The 
scientists expressed concern that federal policies that govern spill 
planning and response fell short of properly considering the special 
conundrums posed by diluted bitumen.“Broadly, regulations and 
agency practices do not take the unique properties of diluted bitumen 
into account, nor do they encourage effective planning for spills of 
diluted bitumen,” the report said.Most methods for trying to detect sunken bitumen don’t seem to work well, the report said.The
 cause of the pipeline break in Kansas remains unknown, and a 
third-party analysis of the matter could take up to three months, 
according to the <a href="https://www.phmsa.dot.gov/" target="_blank">U.S. Department of Transportation administration</a> that regulates oil pipelines.The
 Michigan spill involved upward of 840,000 gallons (20,000 barrels) of 
oil. That contaminated more than 30 miles of the Kalamazoo River, plus 
nearby woodlands and wetlands. The sheer scale of the disaster was 
exacerbated by heavy rains.It took four years and <a href="https://www.mlive.com/news/2016/07/kalamazoo_river_oil_spill_time.html#:~:text=Enbridge%20completes%20its%20cleanup%20and,on%20the%20total%20cleanup%20effort." target="_blank">more than $1.2 billion</a>
 to retrieve as much of the oil as was deemed feasible. Some amount was 
left because getting at the sludge is itself so damaging to the affected
 ecosystems.Thousands of animals coated in oil were caught, treated and released.In Kansas, TC Energy has said one beaver has been caught and is being treated.The
 EPA added Thursday morning that four dead mammals and 71 dead fish have
 been found. It says biologists from the Kansas Department of Wildlife 
and Parks are assessing injured and dead animals.TC Energy has put its initial estimate of the Kansas spill at about 588,000 gallons.The
 region saw some rain this week, but TC Energy says it built a second 
earthen underflow dam in recent days to brace the initial containment 
dam for the anticipated rain, and that containment remains successful.