October 2024 | The Public Health Law News

Disclaimer

Announcements

Call for Abstracts | 2025 NYS Public Health Partnership Conference
Authors are invited to submit abstracts about their health inequities, environmental health, emergency preparedness, digital health, workforce resilience, and public health communication projects for the 2025 NYS Public Health Partnership Conference. Submissions can be made for breakout sessions or poster presentations. Proposals must include presenter details, descriptive title, presentation description, abstract, and three measurable learning objectives. The abstract submission period will close on October 18 at 11:59 pm (EST). Notifications of acceptance will be sent by January 17, 2025. The New York State Public Health Association (NYSPHA), NYS Association of County Health Officials (NYSACHO), and NYS Association for Rural Health (NYSARH) will host the conference April 30-May 2 in Ithaca, NY. This year's theme is "Public Health in A Changing World."

Registration Open | 2024 APHA Annual Meeting and Expo
The 2024 APHA Annual Meeting and Expo will be held October 27-30 at the Minneapolis Convention Center. The theme of this year's expo "Rebuilding Trust in Public Health and Science" will focus on issues of political polarization, underfunding, and the growing distrust of science. The expo presents an opportunity to connect with public health professionals and dive into current challenges for public health. Learn more and register.

Tribal Announcements

Registration Open | The Tribal Undergraduate to Graduate Research Training and Leadership Experiences (TURTLE) Program
The TURTLE program is designed to cultivate a new generation of scientists focused on American Indian/Alaska Native (AI/AN) health disparities. The program, funded by the National Institute of General Medical Sciences, aims to support AI/AN communities through rigorous and culturally relevant research training. A webinar is scheduled for October 21, from 3:30 to 5:00 pm (EST), to provide more information to potential applicants. Eligible applicants include federally recognized AI/AN tribes, tribal colleges or universities, tribal health programs, or tribal organizations. The goal is to increase the representation of AI/AN scientists in the biomedical field, with trainees expected to be supported for up to four years during their academic journey. Learn more and access the resources.

Job Announcements

Internship Opportunity | The Environmental Law Institute
The Environmental Law Institute (ELI) is seeking a legal intern for summer 2025 to assist with a variety of environmental law and policy projects addressing critical sustainability challenges both domestically and internationally. Legal interns will collaborate with ELI experts on research projects and may also support the editing and production of publications, including the Environmental Law Reporter. Responsibilities include conducting legal and policy research, analyzing laws, drafting memoranda, and attending briefings. Interns are encouraged to participate in ELI seminars and networking events. Learn more and apply.

Job Opportunity | Senior Attorney: Mid-States Region, The Network for Public Health Law
The Network for Public Health Law is seeking a Senior Attorney to work remotely for its Mid-States Region. This position will focus on legal and technical issues for the use and exchange of public health data, within the broader context of modernization initiatives for data interoperability between public health agencies and healthcare. The attorney will provide legal technical assistance, assess compliance requirements under applicable law, conduct training and webinars, and facilitate networking and peer assistance on topics related to public health data to a variety of audiences, including state, local, tribal and territorial health departments. Learn more and apply.

Job Opportunity | Health Science Policy Analyst
This position is for a Senior Health Science Policy Analyst within the Division of Services and Intervention Research at the National Institute of Mental Health, part of the National Institutes of Health. The role involves planning, analyzing, and advising on mental health services and intervention research programs. Key responsibilities include developing strategic plans, conducting analyses of scientific and policy issues, preparing reports on research progress, and providing expert guidance on mental health services and intervention research. Learn more and apply.

Legal Tools & Trainings

Resource | Global Certificate in Legal Epidemiology
The Global Certificate in Legal Epidemiology, the study of how laws and policies impact health, is a 16-hour, non-credit certificate that offers self-guided instruction in legal epidemiology. Awarded by Temple University's Office of Non-Credit Education and the Center for Public Health Law Research, this online certificate program allows participants to learn at their own pace from leading researchers. The course includes three modules The New Public Health Law, Policy Surveillance, and Legal Evaluation. The program, offered on a sliding cost scale, is available for anyone looking to enhance their skills in promoting health equity. Learn more and access resources.

Resource | The Policy Surveillance Self-Guided Training
This training course consists of eight comprehensive modules designed to equip participants with the skills to conduct policy surveillance effectively. Each module includes detailed instructions, slide decks, and links to useful tools and resources. The training begins with an introduction to policy surveillance and legal mapping techniques, followed by steps for defining project scope, developing questions, collecting and coding laws, ensuring quality control, and disseminating findings. Developed with support from the Robert Wood Johnson Foundation and other organizations, this training aims to enhance understanding of legal epidemiology. Participants are encouraged to complete the modules sequentially for optimal learning. Learn more and access resources.

Resource | Network for Public Health Law: Trainings
The Network for Public Health Law offers specialized trainings to equip public health practitioners, officials, tribal leaders, lawyers, policymakers, and advocates with essential knowledge and skills for evidence-based legal and policy decision-making. The hands-on workshops cover topics such as health data sharing and HIPAA compliance, public health authority, drug overdose prevention and harm reduction, ethical decision-making, and effective messaging in policy advocacy. Tailored to specific audience needs, these trainings help participants navigate laws, improve existing policies, and build political support, fostering better public health outcomes. Learn more and access resources.

Webinar | New York State Association for Rural Health
The webinar "Eliminating Hepatitis C in Rural Communities," led by Colleen Flanigan, RN, MS, will take place on October 17, 2024, from 1:00 PM to 2:00 PM (EDT) via Zoom. It will focus on the high rates of hepatitis C in rural New York State, primarily driven by injection drug use linked to the opioid epidemic. The session will cover trends in case rates, available prevention and treatment services, and collaborative efforts among rural health partners to eliminate hepatitis C as a public health issue by 2030. Learn more and register.

Publication | National Academies of Sciences, Engineering, and Medicine
NASEM's Committee on Science, Technology, and Law has released the proceedings of their May 2024 workshop "Optimizing Federal, State and Local Response to Public Health Emergencies". Sessions included topics on the COVID-19 pandemic, preparedness, public health emergency authorities, and barriers to effective response at the national, state and local levels. Read the proceedings here.

Top Story

National: When hurricanes hit, flooded industrial sites and chemical releases are a silent, toxic threat
PBS News (10/09/2024) Elliott, Boyer, Brown.

Story Highlights:
Less than two weeks after Hurricane Helene devastated the Southeast, Hurricane Milton made landfall on October 9 with hundreds of Florida industrial facilities in its path. Florida's west-central coast is home to numerous factories and manufacturers using registered contaminants that pose a threat to human health.

When hurricanes cause flooding, these sites can release toxic chemicals into the environment, posing significant health risks to nearby communities. Residents may not be made aware about toxic chemical releases promptly, even though these outcomes are common. Recent examples include flooded industrial sites including a retired nuclear power plant during Hurricane Helene, runoff from fertilizer mining operations during Hurricane Ian, and fires during Hurricane Harvey at flooded chemical facilities.

Public information about hazardous chemical releases is limited due to rules meant to protect facilities from terrorism and on rules, which suspending pollution release restrictions during emergency declarations. [Editor's note: Emergency Legal Preparedness and Environmental Health Law]

Briefly Noted

National: Kindergarten vaccination rates dip with nonmedical exemptions on the rise
10 News (10/02/2024) Associated Press
[Editor's note: Learn more about Vaccination Laws]

National: The cumulative stress of policing has public safety consequences for law enforcement officers, too
The Associated Press (10/08/2024) Lisa Patel & Mikey Galo
[Editor's note: Learn more about Mental Health]

National: EPA says lead pipes have to be removed in 10 years
The Hill (10/08/2024) Rachel Frazin & Zack Budryk
[Editor's note: Learn more about Environmental Health Law and About Lead in Drinking Water]

California: A minimum wage increase for California health care workers is finally kicking in
Cal Matters (10/1/2024) Ana B. Ibarra
[Editor's note: Regulations, Guidance and Policy]

Michigan: New Michigan laws expand rural access to healthcare, protect workers
The Well News (10/08/2024) Dan McCue
[Editor's note: Learn more about Addressing Rural Health Disparities]

New York: Gov. Hochul signs legislation to expand health care access for New Yorkers
MGN Online (09/18/2024) Sara Kinneary
[Editor's note: Learn more about Health Equity Law and Health care access]

Oregon: After US Supreme Court decisions, grants pass struggles to make long-term plan for homelessness
OPB (09/19/2024) Jane Vaughan
[Editor's note: Learn more about Homelessness as a Public Health Law Issue]

Texas: Texas' abortion laws are straining the OB-GYN workforce, new study shows
The Texas Tribune (10/08/2024) Eleanor Klibanoff
[Editor's note: Learn more about CDC's Abortion Surveillance System FAQs]

Global Public Health Law News

Africa: The programme shaping the future of mental health policy in Africa
Wellcome (09/19/2024) Miranda Wolpert
[Editor's note: Learn more about Mental Health]

Finland: Doctors criticise Finland's proposal to withhold healthcare for migrants
the Guardian (09/17/2024) Miranda Bryant
[Editor's note: Learn more about About Immigrant and Refugee Health]

Georgia: Progress to end AIDS in Georgia 'threatened' by new anti-LGBTQ+ law
Health Policy Watch (10/01/2024) Sophia Samantaroy
[Editor's note: Learn more about HIV]

Malaysia: Malaysia enforces new smoking law today with more stringent rules
The Rakyat Post (10/01/2024) Adeline Leong
[Editor's note: Learn more about Smoking and Tobacco Use]

Rwanda: Rwanda to start vaccine trials for Marburg disease in a few weeks
Reuters (10/03/2024) Philbert Girinema
[Editor's note: Learn more about Infectious Disease Laws and Marburg Outbreak in Rwanda Situation Summary]

Court Filings & Opinions

California
The U.S. District Court for California denied Prime Hydration's ("Prime") motion to dismiss on standing and denied the breach of the implied warranty of merchantability claim but granted the dismissal of the breach of implied warranty of fitness for a particular purpose.

Elizabeth Castillo ("Castillo") brought a class action lawsuit against Prime, alleging that its grape sports drink contained harmful levels of pre- and polyfluoroalkyl substances ("PFAS"). Castillo claimed that the company failed to disclose the presence of these "forever chemicals," which are linked to health risks, misleading consumers about the safety of the product. Prime argued that the contamination levels were minimal and safe. The Environmental Protection Agency ("EPA"), is a U.S. Federal Agency that is responsible for setting health advisory standards for environmental contaminants, such as PFAS. The EPA's health advisory limits for PFAS substances (PFOA and PFOS) in drinking water is set at near-zero levels (0.004 parts per trillions). Castillio alleged that Prime's sports drinks levels exceed the EPA's safety guidelines. The court found that Castillo provided sufficient evidence of PFAS contamination based on independent testing, and that Prime's non-disclosure could violate consumer protection laws. The court rejected some of Prime's defenses, emphasizing that the contamination and omission of information were central to the consumer protection claims. Thus, Prime's motion to dismiss based on lack of standing and breach of implied warranty if merchantability is denied.

Castillo v. Prime Hydration LLC
United States District Court, N.D. California
No. 23-cv-03885-AMO
Decided September 9, 2024
Decided by District Court Judge Araceli Martínez-Olguín

Colorado:
The Court of Appeals affirmed the lower court's decision and denied Kaley Chiles' ("Chiles") request for a preliminary injunction, finding that Chiles failed to demonstrate a substantial likelihood of success on the merits.

Chiles, a licensed mental health professional, sued Patty Salazar ("Salazar"), the Executive Director of the Colorado Department of Regulatory Agencies ("DORA"), arguing that the state's Minor Conversion Therapy Law ("MCTL") restricts her ability to engage in therapeutic practices that may include discussions aimed at altering a client's sexual orientation or gender identity. In 2019, the MCTL, which restricts mental health professionals from engaging in conversion therapy with minors that involves changing a client's sexual orientation or gender identity, was added by Colorado state authorities to the Mental Health Practice Act. In question is whether the MCTL infringes upon Chiles' First Amendment rights by restricting her ability to engage in therapeutic practices that may include discussions aimed at altering a client's sexual orientation or gender identity. The court found that Chiles has previously engaged in speech potentially affected by the MCTL and that Chiles expressed a present desire to engage in restricted speech, including discussing clients' wishes about their sexual orientation or identity. Despite the absence of actual enforcement against her, the court recognized a credible threat of enforcement due to the statute's existence and the state's failure to disavow enforcement actions. Chiles argued that the MCTL imposes a chilling effect on her practice and hinders her ability to engage fully with her clients. Conversely, Salazar contended that Chiles has not practiced conversion therapy as defined by the MCTL, thus lacked standing to challenge the statute. The court upheld the lower court's conclusion that Chiles had standing by previously engaging in speech impacted by the MCTL and articulating a desire to assist clients in achieving their therapeutic goals.

In evaluating the request for a preliminary injunction, the court acknowledged the heavy burden on Chiles to demonstrate a substantial likelihood of success on the merits, irreparable harm, and a favorable balance of harms, particularly since the requested injunction would alter the status quo. The court ultimately denied Chiles' request for a preliminary injunction. While it recognized that credible threat of enforcement and Chiles' standing to challenge the MCTL, the court claimed that the plaintiff Chiles' failed to demonstrate a substantial likelihood of success on the merits of her First Amendment claim. Further, the court determined that Chiles did not demonstrate that the balance of harms or the public interest favored the injunction. Therefore, the court upheld the enforcement of the MCTL.

Chiles v. Salazar, et al.
United States Court of Appeals, Tenth Circuit
Case No. 22-1445, 23-1002
Decided by September 12, 2024
Opinion by Judge Veronica S. Rossman

District of Columbia:
The district court denied the Physicians for Social Responsibility ("Plaintiffs'") motion for a preliminary injunction, allowing the trail project to proceed. The court found that the federal agencies involved, the U.S. Fish and Wildlife Service ("FWS") and the Federal Highway Administration ("FHWA"), had fulfilled their obligations under The National Environmental Policy Act (NEPA) because they performed sufficient testing and did not find contamination levels above what was deemed safe for public use.

On January 8, 2024, Plaintiffs sued FWS and FHWA, claiming that the agencies (1) failed to prepare an Enivronmental Impact Statement (EIS), (2) failed to consider adequate alternatives to the project, and (3) failed to adequately involve the public. NEPA is used to ensure that federal agencies adequately assess the environmental impacts of actions they perform. Plaintiffs argued that the project posed health risks due to the area's history as a nuclear weapons production site, specifically concerning plutonium contamination, but plaintiffs failed to show that they are likely to suffer irreparable harm without relief. Plaintiffs further contended that the environmental assessments conducted for the project under the NEPA failed to adequately address these dangers. The court found, however, that the agencies had conducted adequate environmental assessments and testing for contamination, including for plutonium, in the Rocky Flats area. The assessments did not reveal contamination above safety thresholds for public use. The trial court confirmed that Plaintiffs are not entitled to a preliminary injunction for both of those independent reasons. Therefore, Plaintiffs' motion to consolidate under Federal Rule of Civil Procedure 65(a)(2) and their motion for a Preliminary injunction was be denied.

Physicians For Social Responsibility, et al., v. Buttigieg, et al.
United States District Court, District of Columbia
Civil Action No. 24-61 (TJK)
Decided September 8, 2024
Opinion by Judge Timothy J. Kelly

Federal:
The United States District Court for the District of Nebraska approved a Consent Decree mandating corrective actions for Lincoln Public Schools ("LPS") to comply with Title II of the Americans with Disabilities Act ("ADA").

The case addressed LPS's failure to provide effective American Sign Language ("ASL") interpretation services for deaf or hard-of-hearing students at cluster schools, which Plaintiffs alleged is a violation of Title II of the ADA. Plaintiffs argued that LPS's policies and practices did not adequately accommodate the communication needs of these students, denying them the auxiliary aids and services required under the ADA. Without admitting liability, LPS agreed to a Consent Decree, which mandates corrective actions, including the implementation of revised policies to ensure effective communication for students with disabilities. The Decree requires LPS to provide annual training for staff on ADA compliance, establish a complaint reporting procedure, and submit regular monitoring reports to Plaintiffs. Additionally, LPS must pay $12,000 in compensation to individuals identified as having suffered harm due to LPS's actions.

The court approved the Consent Decree, requiring LPS to ensure compliance with the ADA over the next three years. Should LPS fail to meet its obligations, Plaintiffs retain the right to seek court enforcement of the Decree.

United States v. Lincoln Public Schools
United States District Court, District of Nebraska
Case No. 4:24CV3141
Decided by September 11, 2024
Opinion by Chief District Judge Robert F. Rossiter Jr.

COVID-19 Court Filings & Opinions

Illinois:
Plaintiff Mikle Butler sued the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80, after contracting COVID-19 twice while in federal prison. He alleges that prison officials negligently failed to take adequate health and safety measures that could have prevented his infection. Defendant has moved to dismiss Plaintiff's claims under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). For the reasons stated below, that motion is denied.

Butler v. United States
United States District Court, N.D. Illinois, Eastern Division
No. 23 C 50125
Decided August 30, 2024
Opinion by District Court Judge Rebecca R. Pallmeyer

New York:
Upon the foregoing documents and oral argument, Defendants the City of New York (the "City"), the New York City Police Department (the "NYPD"), Michael Melocowsky ("Melocowsky"), Eric Eichenholtz ("Eichenholtz"), and Tanya Meisenholder ("Meisenholder") (collectively identified as "Defendants") move to dismiss Plaintiff's amended complaint pursuant to CPLR § 3211(a)(7) on the grounds that Plaintiff's claims are barred by res judicata and fail to state a cause of action upon which relief may be granted. Plaintiff, Jeffrey Hunold ("Plaintiff") opposes the motion. For the reasons stated herein, Defendants' motion is granted.

Hunold v. The City of New York, et al.
Supreme Court, New York County
Case No. 156864/2023
Decided September 10, 2024
Opinion by Justice Hasa A. Kingo

Quote of the month

"People who are skeptical (about vaccines) tend to live close to one another and create the conditions for a breakthrough of measles and other diseases," - Noel Brewer, professor of health behavior, University of North Carolina

[Editor's note: This quote is from the article above titled "Kindergarten vaccination rates dip with nonmedical exemptions on the rise." 10 News, 10/02/2024]

About Public Health Law News

CDC's Public Health Law Program (PHLP) works to improve the health of the public by performing research, creating tools, and providing training to help practitioners understand and make law and policy decisions. Every month, PHLP publishes the Public Health Law News with announcements, legal tools, court opinions, job openings & more.

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