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Submission + - US Court of Appeals upends 50 years of Environmental Law (yalejreg.com) 3

magzteel writes: In "D.C. Circuit Upends CEQ’s NEPA Rule", the Yale Journal on Regulation writes on the Marin Audubon v FAA decision:

This holding upends almost 5 decades of administrative practice, as CEQ has been issuing regulations since the 1970s. The problem is that NEPA does not provide express rulemaking authority, and the court did not find it to be implied, either (slip. op. at 16). The court looked beyond NEPA to the other statutes listed in EO 11,991, which refer to CEQ but do not confer rulemaking authority beyond those rules “related to a fund used to finance the Office’s projects and research studies” (slip. op. at 17).

As reported in RedState: https://redstate.com/streiff/2...

This decision throws the entire environmental regulation scheme governing the federal government into chaos. I suspect that many of the CEQs regulations will be reissued by other agencies, but after Loper Bright Enterprises v. Raimondo (see The Supreme Court Firebombs the Administrative State and Tells Congress to Get Off Its Butt and Work) that slew the medusa called "Chevron deference," the survival of those replacement regulations is not assured."


Submission + - US agency says Tesla's public statements about self driving are misleading (apnews.com)

AmiMoJo writes: The U.S. government’s highway safety agency says Tesla is telling drivers in public statements that its vehicles can drive themselves, conflicting with owners manuals and briefings with the agency saying the electric vehicles need human supervision.

The National Highway Traffic Safety Administration is asking the company to “revisit its communications” to make sure messages are consistent with user instructions.

The request came in a May email to the company from Gregory Magno, a division chief with the agency’s Office of Defects Investigation. It was attached to a letter seeking information on a probe into crashes involving Tesla’s “Full Self-Driving” system in low-visibility conditions. The letter was posted Friday on the agency’s website.

The agency began the investigation in October after getting reports of four crashes involving “Full Self-Driving” when Teslas encountered sun glare, fog and airborne dust. An Arizona pedestrian was killed in one of the crashes.

Critics, including Transportation Secretary Pete Buttigieg, have long accused Tesla of using deceptive names for its partially automated driving systems, including “Full Self-Driving” and “Autopilot,” both of which have been viewed by owners as fully autonomous.

Submission + - DTrace 2.0 ready-for-use in Gentoo Linux (gentoo.org)

Heraklit writes: Gentoo Linux, distribution (not only) for coders and experts, adds another exciting feature: the powerful DTrace dynamical tracing framework introduced by Sun Microsystems / Oracle originally for Solaris, is now available out of the box:

The real, mythical DTrace comes to Gentoo! Need to dynamically trace your kernel or userspace programs, with rainbows, ponies, and unicorns — and all entirely safely and in production?! Gentoo is now ready for that! Just emerge dev-debug/dtrace and you’re all set.


Submission + - Journals w/ high rates of suspicious papers flagged by science-integrity startup (nature.com)

schwit1 writes: Scitility’s tool ‘Argos’ identifies work whose authors have a record of misconduct.

Which scientific publishers and journals are worst affected by fraudulent or dubious research papers — and which have done least to clean up their portfolio? A technology start-up founded to help publishers spot potentially problematic papers says that it has some answers, and has shared its early findings with Nature.

The science-integrity website Argos, which was launched in September by Scitility, a technology firm headquartered in Sparks, Nevada, gives papers a risk score on the basis of their authors’ publication records, and on whether the paper heavily cites already-retracted research. A paper categorized as ‘high risk’ might have multiple authors whose other studies have been retracted for reasons related to misconduct, for example. Having a high score doesn’t prove that a paper is low quality, but suggests that it is worth investigating.

Argos is one of a growing number of research-integrity tools that look for red flags in papers. These include the Papermill Alarm, made by Clear Skies, and Signals, by Research Signals, both London-based firms. Because creators of such software sell their manuscript-screening tools to publishers, they are generally reluctant to name affected journals. But Argos, which is offering free accounts to individuals and fuller access to science-integrity sleuths and journalists, is the first to show public insights.

“We wanted to build a piece of technology that was able to see hidden patterns and bring transparency to the industry,” says Scitility co-founder Erik de Boer, who is based in Roosendaal, the Netherlands.

By early October, Argos had flagged more than 40,000 high-risk and 180,000 medium-risk papers. It has also indexed more than 50,000 retracted papers.

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