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      Judge Orders Rail Operator to Pay $400 Million to Tribe for Trespassing

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      BNSF Railway broke its agreement with the Swinomish Indian Tribal Community when it ran hundreds of train cars a week containing crude oil through the tribe’s land in Washington State, according to a federal judge.A judge has ordered a railway company to pay nearly $400 million for trespassing on Native American land by far exceeding the number of train cars carrying crude oil that it was allowed to run through a tribe’s land, according to documents filed Monday in federal court in Washington State.According to the documents, filed in U.S. District Court in Seattle, the company, BNSF Railway — which operates one of the largest railroad networks in North America — committed “willful, conscious and knowing trespass” when it ran several 100-car trains carrying crude oil every week through the Swinomish Reservation, which spans about 15 square miles on Fidalgo Island in the western part of the state.Under an agreement between the Swinomish Indian Tribal Community and the rail company, one eastern-bound train, and one western-bound train, of 25 cars or less, were allowed to pass through the tribe’s land each day. But from September 2012 to May 2021, BNSF exceeded that allowance, with at least six 100-car trains traveling in each direction per week, according to a 2015 lawsuit filed by the tribe.Each week, the trains passed through the far north end of the tribe’s land, near a casino, gas station, convenience store and R.V. park, lawyers for the tribe said in the suit. They noted that crude oil, notoriously dangerous cargo, had resulted in derailments, deadly explosions and spills, as well as environmental contamination. BNSF ignored repeated demands by the tribe to cease its “unauthorized use,” according to the suit, and said it would continue running the same number of trains through Swinomish land. In a trial earlier this month, it was determined that the rail company had “breached the contractual obligations” of its agreement with the tribe, and that it should be stripped of the net profits gained through its unauthorized use of Swinomish land, Judge Robert S. Lasnik said in court documents that were filed Monday.In an email on Monday, BNSF refused to comment on the case, and lawyers representing the company did not immediately respond to requests for comment. Steve Edwards, the chairman of the tribe, said in a statement on Monday that the group was thankful that Judge Lasnik had ruled in its favor. He noted that the large sum the judge had ordered the rail company to pay reflected the “enormous wrongful profits that BNSF gained by using the tribe’s land day after day, week after week, year after year over our objections.”“This land is what we have,” Mr. Edwards said. “We have always protected it, and we always will.” More

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      Is the Fight Against Big Oil Headed to the Supreme Court?

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      The Supreme Court may soon decide the fate of dozens of cases brought by cities and states that seek to hold fossil fuel companies accountable.Over the past several years, dozens of cities and states have sued big oil companies, seeking to hold the producers of fossil fuels accountable for their role in causing climate change. All of the cases follow more or less the same script: they claim that oil companies like Exxon and Chevron deceived the public by concealing their understanding of the devastating effects of global warming, and seek to make those companies pay for the billions of dollars in damages now being caused by rising seas and extreme weather. So far, none of those cases has gone to trial. But this week, a closely watched case out of Hawaii took what could be a pivotal step toward the Supreme Court and have a cascading effect on the legal fight to hold fossil fuel companies accountable.The case was brought by the city of Honolulu against Sunoco and other big oil companies in 2020. Last year, the Hawaii state supreme court ruled the case could go to trial. But a coalition of energy firms, including ExxonMobil and Chevron, appealed that decision, asking the U.S. Supreme Court to stop the case from moving forward. On Monday, the Supreme Court asked the Biden administration’s solicitor general for its opinion on the appeals. That may sound like a technicality. But to legal experts, it’s a sign that the case has the attention of the justices. The Supreme Court reviews many appeals each year, but only seeks input from the solicitor general in cases it is actively considering taking up. We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Russia’s War Machine Revs Up as the West’s Plan to Cap Oil Revenues Sputters

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      Russia has largely evaded attempts by the U.S. and Europe to keep it from profiting from its energy exports.The United States and its allies in the Group of 7 nations set two goals in 2022 when they enacted a novel plan to cap the price of Russian oil: restrict Moscow’s ability to profit from its energy exports while allowing its oil to continue flowing on international markets to prevent a global price shock.A year and a half later, only the latter goal appears to have worked. Energy prices have been relatively stable across the world, including in the United States, which helped devise the plan. But Russia’s war effort in Ukraine is intensifying, making it increasingly clear that efforts by Western allies to squeeze Moscow’s oil revenues are faltering.A variety of factors have allowed Russia to continue profiting from strong oil revenue, including lenient enforcement of the price cap. Russia’s development of an extensive “shadow” fleet of tankers has allowed it to largely circumvent that policy. That has allowed the Russian economy to be more resilient than expected, raising questions about the effectiveness of the coordinated sanctions campaign employed by the G7.The Biden administration maintains that the strategy has been effective and that the price cap has imposed costs on Russia and forced it to redirect money that it would have used in Ukraine to finance an alternative oil ecosystem.Treasury Secretary Janet L. Yellen said in an interview on Sunday that the price of Russian oil was not the only measure of their profits, noting that Russia has had to invest significant resources in response to the cap.“We’ve made it very expensive for Russia to ship this oil to China and India in terms of acquiring a shadow fleet and providing insurance,” Ms. Yellen said on her flight to Europe, where she is holding meetings in Germany and attending a gathering of finance ministers in Italy. “We still think it’s working.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Russia and Ukraine Engage in Dueling Air Assaults Behind the Front Lines

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      Both sides have been looking for ways to inflict damage beyond the battlefield, targeting military logistics hubs and urban centers.Russia and Ukraine targeted each other’s territory on Sunday with drone attacks and airstrikes that hit urban centers and energy facilities, as both sides look for ways to inflict damage beyond the battlefield.The Russian military said it had shot down nearly 60 Ukrainian drones over the Krasnodar region of southwest Russia, which Ukraine has increasingly targeted in recent weeks because it is home to energy and military facilities supporting combat operations.Local Russian officials said an oil refinery had been struck in the attack. A Ukrainian security official, speaking on condition of anonymity to discuss sensitive military matters, said Ukrainian drones had hit the refinery as well as a military airfield in the region. Russian officials did not comment on the reported strike on the airfield.Ukrainian officials said Russia struck northeast Ukraine, including the city of Kharkiv, killing at least 10 civilians and wounding more than 20 people. Russia has not commented on the strikes, which could not be independently confirmed. Kharkiv, Ukraine’s second largest city, has been pounded by Russian missiles in recent months, in what military experts say is a Russian tactic intended to create panic and force residents to flee.Strikes on logistical hubs and troop concentrations deep behind enemy lines have been a constant in this war. But it has become all the more important for Ukraine as it seeks to relieve troops who are struggling to contain Russian advances on the ground by disrupting Moscow’s military operations.Since the fall, Russia has had the upper hand on the battlefield, allowing it to launch assaults on different parts of the more than 600-mile front line to probe and break through Ukrainian defenses. Most recently, it has opened a new front in Ukraine’s northeast, near Kharkiv, quickly capturing several settlements and forcing the Ukrainian army to redeploy units there from other battlefield hot spots.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Russia Bombs Power Plants and Ukraine Targets Refineries in Dueling Attacks

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      As missiles caused extensive damage to Ukraine’s power grid, Kyiv continued drone assaults inside Russia that have drawn criticism from Washington.As Russian missiles streaked through the skies above Ukraine before dawn on Saturday, once again targeting the nation’s already battered energy grid in a broad and complex bombardment, Ukrainian drones were flying in the other direction, taking aim at vital oil and gas refineries and other targets inside Russia.The Ukrainian Air Force said its air defense teams had intercepted 21 of the 34 Russian cruise and ballistic missiles fired from land, air and sea-based systems, but the attack caused extensive damage to four thermal power plants and other critical parts of the power grid in three regions.Russia’s Ministry of Defense said it had shot down 66 Ukrainian drones over the Krasnodar region, which is just across the Kerch Strait in southern Russia, east of the occupied Crimean Peninsula.Veniamin Kondratyev, the head of the regional government, said the Ukrainian drones had targeted two oil refineries, a bitumen plant, and a military airfield in Kuban.The Security Service of Ukraine, known as the S.B.U., said the Ukrainian military operation had targeted the Kushchevsk airfield and the Ilsky and Slavyansk oil refineries. The airfield housed “dozens of military aircraft, radars and electronic warfare devices,” the agency said in a statement, adding, “The S.B.U. continues to effectively target military and infrastructural facilities behind enemy lines, reducing Russia’s potential for waging war.”The Kremlin tightly controls information about Ukrainian attacks, often making it difficult to assess their impact, and it was unclear how much damage the drone strikes caused.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      G.M. Reports Big Jump in Profit on Gasoline Car Sales

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      General Motors has struggled with electric vehicles and in foreign markets but it is selling lots of combustion engine cars and trucks in North America.General Motors on Tuesday reported a big jump in profits for the first three months of the year, based on the strength of its gasoline vehicle business, and raised its outlook for the rest of the year.The company saw slow growth in electric vehicles, but robust sales of internal combustion vehicles, especially pickup trucks, helped raise its profit to $3 billion in the first quarter, a 24 percent jump from the same period a year ago. G.M. also said that it now expects to make $10.1 billion to $11.5 billion in profit this year, up from a previous forecast of $9.8 billion to $11.2 billion.“We’re maximizing the strength of our ICE business, we’re growing our E.V. business and improving profitability,” G.M.’s chief financial officer, Paul Jacobson, said in a conference call with reporters, using the shorthand for internal combustion engine.Mr. Jacobson said G.M. has ironed out production difficulties in battery pack manufacturing and is ramping up output. He repeated an earlier forecast that G.M.’s battery-powered cars and trucks would start generating profits in the second half of this year.G.M. made all of its profit in North America and lost money in the rest of the world, including a $106 million loss in China; a year earlier, the company reported an $83 million profit in that country.G.M. sold 895,000 vehicles globally in the first quarter, an increase of 4 percent.In the first three months of the year in the United States, G.M. sold 9,385 electric vehicles that use its latest battery technology. That’s an increase from 972 in the same period a year ago, but significantly fewer than G.M. had originally expected.The company plans to add several new electric vehicles this year that utilize the new Ultium batteries. They include a GMC Sierra pickup truck that is supposed to have maximum range of 440 miles, and a Chevrolet Equinox sport-utility vehicle that G.M. said would have a starting price of $34,995 and a range of up to 319 miles. More

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      What Really Causes Poor Performance in School

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      More from our inbox:Becoming a Republican to Vote Against TrumpCountering Propaganda From the Fossil Fuel Industry Wayne Miller/MagnumTo the Editor:Re “We’re Not Battling the School Issues That Matter,” by Nicholas Kristof (column, March 7):I completely agree with Mr. Kristof’s column. The situation is serious, not only for education but also for our embattled democracy.I would like to add some nuance. I have been working on a state-by-state analysis of the possible influence of racism, specifically anti-Black racism, on educational achievement.What I have found so far indicates that some children are taught quite well: those in private schools, of course; Asian American children (particularly those whose families are from India); white children of families prosperous enough to be ineligible for the National School Lunch Program; children of college-educated parents; and Hispanic children who are not English-language learners.Some students are in groups that are not likely to be taught to read effectively: Native Americans, children who are poor enough to be eligible for the National School Lunch Program and Black children.None of this will be news to Mr. Kristof. What is surprising to me is the sheer extent and arbitrary nature of the failure by school authorities. Almost everywhere that urban schools, in particular, are failing, socioeconomically similar children are being taught much more effectively in the nearest suburban districts.Part of the reason is money: Per-student expenditure is associated with educational achievement.But part of the problem — most of it — is a matter of administrative decisions: placing the best teachers in schools with the “best” students; equipping schools, in effect, in accordance with parental income; offering more gifted and talented classes to white students — all the perhaps unconscious manifestations of everyday racism.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      See the New Satellite Tracking Methane Pollution from Space

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      Source: 3-D model via MethaneSAT and Fair Worlds Six years ago, scientists at the nonprofit Environmental Defense Fund were wrapping up a major research project to measure methane leaks from oil and gas sites across Texas. Everywhere they looked — using planes, drones, ground measurements and even handheld devices — they found that gas was […] More