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Column: Did California give Boeing a pass on a major pollution cleanup?

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Column: Did California give Boeing a pass on a major pollution cleanup?

Again in 2007, the state of California reached an settlement with Boeing Co. requiring the corporate to wash up the polluted web site of the Santa Susana Area Laboratory, outdoors Simi Valley, to an exacting environmental customary.

The positioning, on 2,850 acres 30 miles from downtown Los Angeles, had been used for six many years as a government-sponsored rocket and nuclear testing complicated. When the actions ceased in 2006, what was left behind was soil and water contaminated by radioactive detritus, PCBs, heavy metals, tricholoroethylene “and a witches’ brew of different poisons,” because the Pure Sources Protection Council as soon as put it.

The positioning is “some of the poisonous websites in america by any form of definition,” Jared Blumenfeld, head of the California Environmental Safety Company, instructed me in 2020. “It calls for a full cleanup.”

The state lower a backroom take care of a polluter.

— Daniel O. Hirsch, Santa Susana cleanup advocate

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The 2007 settlement mandated in impact {that a} cleanup to “resident with backyard” requirements — that’s, protected for individuals to dwell onsite and eat homegrown produce from a yard backyard — be accomplished by 2017.

One other settlement signed in 2010 by NASA and the U.S. Division of Vitality dedicated these businesses to wash up the radiological contamination on the portion of the positioning the place nuclear check reactors have been situated.

Boeing was held answerable for the chemical cleanup as a result of it inherited the positioning by its acquisition of Rockwell Worldwide’s aerospace and protection companies in 1996.

Many of the work has nonetheless not begun.

Now there’s a brand new chapter within the seemingly infinite saga of Santa Susana. Blumenfeld’s company opened secret negotiations with Boeing beginning final 12 months. The company revealed the negotiations in Could, when it unveiled the brand new settlement the talks had produced.

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State officers boasted that the settlement “establishes strict cleanup protocols and timelines for The Boeing Firm”; Gov. Gavin Newsom was quoted within the state’s information launch to the impact that the deal “holds Boeing to account for its cleanup.”

Some shut watchers of the saga beg to vary.

“The state lower a backroom take care of a polluter,” says Daniel O. Hirsch, retired director of the Program on Environmental and Nuclear Coverage at UC Santa Cruz, who has been following the Santa Susana concern for some 40 years as president of the Committee to Bridge the Hole, an anti-nuclear group.

Hirsch contends that, opposite to the state’s assertion that the brand new settlement will “strengthen the cleanup of contaminated soil” at Santa Susana, it truly reduces the cleanup requirements for greater than 150 chemical pollution on the positioning.

He’s not alone in expressing doubts. On Aug. 2, the Ventura County Board of Supervisors voted unanimously to hitch with the cities of Los Angeles and Simi Valley and the county of Los Angeles in considering a lawsuit to drive a cleanup at Santa Susana to “background ranges” — that’s, environmental ranges that might exist if the polluting actions on the positioning had by no means taken place.

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The Los Angeles County Board of Supervisors can be prepped for authorized motion. On Could 5, earlier than the brand new Boeing settlement was unveiled, the board directed county legal professionals “to discover potential authorized motion to make sure that the 2007 and 2010 agreements are carried out with “a full ‘cleanup to background.’”

The brand new settlement isn’t fairly last. It’s topic to a affirmation vote, presently scheduled for Thursday, by the Los Angeles Regional Water High quality Management Board. If three of the 5 members eligible to vote reject the deal, it’s useless. “In the event that they approve it, Boeing is house free,” Hirsch instructed me, “and the group is useless.”

The Santa Susana Area Laboratory web site sits on the border of Los Angeles and Ventura counties. Cleanup of radiological contamination of Space IV, at far left, is the duty of the federal authorities. Cleansing chemical air pollution of the remaining is the duty of Boeing.

(NASA)

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That has prompted requires the board not less than to defer its vote.

Los Angeles County Supervisor Sheila Kuehl, who as a state senator launched a invoice in 2007 imposing strict requirements on the cleanup, has referred to as on the board to delay its vote for six weeks.

“After many years of advocacy and negotiations between authorities businesses and Boeing, it will be tragic if this determination have been rushed, and the settlement in the end be decided to fall wanting the requirements we’ve fought for,” she says. (Kuehl’s 2007 measure handed however was overturned in federal courtroom in a case introduced by Boeing.)

Blumenfeld says critics are misreading the brand new settlement as one that might weaken the cleanup.

The 2007 model was so ambiguous in its phrases that it “left manner an excessive amount of wiggle room for Boeing,” he instructed me. “If the 2007 settlement was clear, unambiguous, and legally defensible, there wouldn’t have been an intervening 15 years between them signing it and my saying, ‘Let’s take care of this.’”

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After all, one cause for the 15-year stalemate is Boeing’s obvious willpower to make use of each purported ambiguity to its personal benefit. Extra on this later. Boeing says by a spokesman that it “helps the great framework with the State of California because it supplies regulatory certainty and a transparent, accelerated path ahead for Boeing’s cleanup on the former Santa Susana Area Laboratory.”

Maybe as befits a web site so totally contaminated, the historical past of Santa Susana is ugly within the excessive.

Issues there started in 1959, when a nuclear reactor partially melted down, contaminating parts of the hilltop facility and spewing radioactive gases into the environment. That incident wasn’t publicly disclosed till 1979. Reactor accidents additionally occurred in 1964 and 1969.

The world of radiological contamination is a parcel on the western fringe of the positioning often called Space IV, the place the meltdown occurred. Boeing owns that parcel together with the remainder of the positioning, however the radiological cleanup there may be within the arms of NASA and the Division of Vitality.

The 2007 consent decree with the state didn’t explicitly point out a particular environmental customary, although Hirsch says the mandate was in impact for a cleanup to background ranges.

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Three years later, NASA and the Division of Vitality agreed to revive the portion of property contaminated with nucleotides to background requirements; Boeing wasn’t a part of that settlement.

A 2007 state regulation mandated powerful requirements for the work. However Boeing efficiently sued in federal courtroom in 2009 to invalidate the regulation, arguing that it imposed more durable requirements than different polluters confronted in California.

In 2020, NASA audaciously utilized to have your complete 2,850-acre web site added to the Nationwide Register of Historic Locations, which could have delayed its cleanup tasks.

A 12-acre portion of the positioning, encompassing the Burro Flats painted cave and a parcel historically utilized by Native People to look at the winter and summer season solstices, has had a landmark itemizing since 1974. However NASA argued that its archeological analysis justified increasing the landmark designation to embody your complete laboratory web site.

NASA’s software was rejected by the Nationwide Park Service, which famous that the appliance hadn’t talked about the environmental contamination of the positioning, an omission that “appears inappropriate.” NASA was invited to strive once more with a extra full software, however one hasn’t been submitted.

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Whereas all this has been occurring, the world surrounding the lab has undergone suburban improvement. About 700,000 individuals now dwell inside 10 miles of the positioning, in communities together with Chatsworth, West Hills, Woodland Hills, Calabasas, Westlake Village and Simi Valley.

Boeing has persistently maintained that no dependable proof of well being results amongst residents off the positioning have surfaced. However that declare was exploded in 2007 by epidemiologist Hal Morgenstern of the College of Michigan, who carried out a research that Boeing stated discovered no elevated incidence of most cancers within the communities surrounding the lab.

In a letter to then-Sen. Joe Simitian (D-Palo Alto), who was conducting hearings on the 2007 invoice, Morgenstern said that “Boeing’s declare made concerning the conclusion of our research is fake.”

The truth is, Morgenstern said, “For the interval 1988 by 1995, we discovered that the incidence charge was greater than 60% larger amongst residents residing inside 2 miles of SSFL than amongst residents residing greater than 5 miles from SSFL for the next sorts of most cancers: thyroid, higher aerodigestive tract (oral and nasal cavities, pharynx, larynx, and esophagus), bladder, and blood and lymph tissue (leukemias, lymphomas, and a number of myelomas ).”

For 1996-2002, Morgenstern continued, “we discovered that the incidence charge of thyroid most cancers was greater than 60% larger amongst residents residing inside 2 miles of SSFL than for residents residing greater than 5 miles from SSFL.”

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The outcomes have been “provocative,” he added, as a result of different research had linked thyroid most cancers to environmental contaminants at Santa Susana and “discovered within the surrounding communities.” He accused Boeing in essence of cherry-picking his paper to emphasise its methodological limitations.

There’s no query that the twists and turns of the Santa Susana affair — cover-ups and lawsuits and bureaucratic techniques all main away from slightly than towards a cleanup — have left native residents and advocates deeply suspicious that any new improvement is helpful.

Blumenfeld has been accused to reneging on a dedication he made at a 2020 public assembly to not negotiate with Boeing or the federal government businesses.

“These are legally binding agreements,” he stated then of the 2007 and 2010 orders. “We’ll maintain them to these agreements. And as I stated, however I’ll say it once more: our job is to control, to not negotiate.”

Blumenthal says he meant that he wouldn’t negotiate to weaken the agreements’ phrases, however that for the reason that new settlement is extra stringent in his view, it’s constant together with his dedication.

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He additionally says that an approval vote by the Los Angeles water board received’t be the final phrase on the settlement — it will set off motion by the state’s Division of Poisonous Substances Management to set down particular necessities, reached after public hearings, to be imposed on Boeing.

“It’s been a nightmarish web site, and we hope to create gentle on the finish of the tunnel,” he says. “I perceive that some individuals nonetheless see darkness.” However he says he believes the state will be capable of get the positioning “cleaned as much as the requirements we promised the group. And if we don’t we’ll be taking authorized motion in opposition to Boeing.”

If that sounds as if years of inconclusive exercise should lie forward, that shouldn’t be a shock. Consider how lengthy it has taken to get nowhere.

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As job growth in California falls back, unemployment rate remains highest in the country

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As job growth in California falls back, unemployment rate remains highest in the country

California posted another month of anemic job growth in April, keeping the state’s unemployment rate the highest in the country, 5.3%, the government reported Friday.

Statewide, employers added a net of just 5,200 jobs in April, down from 18,200 in March, according to California’s Employment Development Department.

Nationwide, employers added 175,000 jobs in April and 315,000 in March. The U.S. unemployment rate in April was 3.9%.

Major sectors of California’s economy — including manufacturing, information and professional and business services — showed job losses last month, and job opportunities aren’t as plentiful as before, even as the number of unemployed workers in the state has risen by 164,000 over the last 12 months.

In California, there were 140 unemployed workers for every 100 job openings in March, according to federal statistics released Friday. Less than two years ago, there were about two openings for every jobless person.

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Carol Jackson, an unemployed worker in South Los Angeles, says she has been pounding the pavement for months, hoping to make use of her recently minted associate degree in web management and database administration. But despite sending her resume to at least 100 employers, she has not had a single interview.

“I can tell you that California is pretty brutal now,” said Jackson, 57.

Hiring in California has been lagging behind national trends, with one notable exception. The state’s healthcare and social assistance sector added 10,100 jobs last month, bringing the gains over the last 12 months to about 155,000. That’s 75% of all new jobs added since April 2023.

Hospitals and doctors’ offices have been bulking up, but the fastest growth has been at outpatient centers, home healthcare firms, nursing facilities and, especially, social assistance, which includes vocational rehabilitation and child day-care services.

“Healthcare is the big gorilla in the room; it dominates everything,” said Mark Schniepp, director of the California Economic Forecast in Santa Barbara, adding that it’s likely to keep growing robustly with new and expanded medical facilities across the state.

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Leisure and hospitality businesses added 3,100 jobs last month. The gains included employment at hotels and restaurants — despite the added stress employers are feeling from a minimum wage increase to $20 an hour for fast-food workers that went into effect April 1.

While there are fears of layoffs as the food industry adopts technology to replace workers, California’s restaurants are getting a lift from a pickup in tourism. The leisure sector overall is close to fully recovering from the deep losses caused by the COVID-19 pandemic.

Public-sector payrolls also held up well last month, increasing by 2,600. Thus far, state and local government jobs seem to be showing little effects from California’s massive budget deficits.

“But clearly that will be another factor,” said Sung Won Sohn, economics professor at Loyola Marymount University in Los Angeles.

Sohn and other economists worry that there are national, cyclical and state-specific threats to California’s employment and broader economic outlook.

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Key pillars of the state’s economy continue to struggle.

Motion picture producers and other employers in the information sector show few signs of breaking out of the hiring doldrums, despite the film industry’s resolution of labor strikes last fall. Los Angeles’ motion picture and recording studio industries were down by 13,400 employees, or 12%, in April compared with the same month a year earlier. And many workers in the industry say conditions do not appear to be improving.

Large parts of the farm economy in the Central Valley remain sluggish, in part due to rising costs, tighter financial conditions and ongoing climate challenges.

Despite strong investments in artificial intelligence, layoffs have persisted at high-tech firms in the Bay Area and elsewhere. Scientific and technical companies shed jobs last month, and employment at computer systems design work and related services has been gradually declining.

Nationally, economists expect job growth to slow in the coming months, the result of persistently high interest rates and an expected pullback from consumers. The outlook is particularly dim in California.

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“On the ground, there are several signs of even more slowdowns,” said Michael Bernick, an employment lawyer at Duane Morris in San Francisco and former director of the state’s EDD. Among them, he said, “small businesses continue to struggle statewide with higher prices and tightened consumer spending.”

He and other experts have a similar refrain about what ails the state: high costs, excessive regulation and unaffordable home prices, among other factors.

“We just have real challenges here in California that other states don’t face,” said Renee Ward, founder of Seniors4Hire.org, a Huntington Beach-based organization that helps older workers find employment.

She said the number of job seekers registered with her service has jumped 26% so far in 2024 from a year ago.

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New Mexico weighs whether to toss Alec Baldwin criminal charges in 'Rust' shooting

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New Mexico weighs whether to toss Alec Baldwin criminal charges in 'Rust' shooting

A New Mexico judge is weighing whether to dismiss involuntary manslaughter charges against Alec Baldwin for his alleged role in the 2021 shooting death of the “Rust” movie cinematographer.

Baldwin’s attorneys argued during a court hearing Friday that special prosecutor Kari T. Morrissey had abused her power by allegedly withholding “significant evidence,” including witnesses favorable to Baldwin, during a January grand jury proceeding.

The 66-year-old actor‘s lawyers said he was a victim of an “overzealous prosecutor” who steered grand jury proceedings in an effort to win an indictment in the high-profile case. At issue is whether the grand jury had been fully advised that they could hear from Baldwin’s witnesses during the proceedings. The grand jurors spent a day and a half questioning witnesses who were introduced by the prosecutors.

“The fix was in,” Baldwin attorney Alex Spiro told the judge Friday.

The grand jury indicted Baldwin on an involuntary manslaughter charge in the shooting death of Halyna Hutchins, the 42-year-old cinematographer, who was rehearsing a scene with Baldwin on Oct. 21, 2021. Baldwin has pleaded not guilty.

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At the conclusion of Friday’s hearing, New Mexico First Judicial District Judge Mary Marlowe Sommer said she would issue her ruling next week. Should she dismiss the case, it would mark the second time that the felony charges against Baldwin were dropped.

Marlowe Sommer’s decision is expected less than two months before Baldwin is scheduled to go on trial in a Santa Fe courtroom.

During the hearing, which was conducted virtually, Morrissey denied that she had acted in bad faith. She said she didn’t prevent jurors from getting answers to their questions or from seeking additional information. She told the judge that grand jurors had been given written instructions that outlined their ability to quiz other witnesses, including those favorable to the defense.

But because the jurors didn’t ask to hear from the witnesses who were on a list supplied by Baldwin’s lawyers, several key figures in the tragedy, including film director Joel Souza, property master Sarah Zachry and assistant director David Halls, were not called to testify. Instead, jurors heard from police officers, a crew member who was in the church and expert witnesses hired by prosecutors.

On the day of the shooting, Hutchins, Baldwin, Souza and about a dozen other crew members were gathered in an old wooden church at Bonanza Creek Ranch, south of Santa Fe, preparing for a scene. Hutchins, according to the actor, told him to pull his Colt .45 revolver from his holster and point it at the camera for an extreme close-up view. That’s when the gun went off.

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Hutchins died from her wounds. Souza was injured and recovered.

Last month, Marlowe Sommer sentenced the film’s armorer, Hannah Gutierrez, to 18 months in a New Mexico women’s prison for her role in the shooting. Morrissey argued that Gutierrez was criminally negligent by allegedly bringing the live ammunition to the movie production and unwittingly loading one of the lead bullets into Baldwin’s gun. Gutierrez denies bringing the ammunition on set.

Baldwin’s prosecution has long been fraught.

Morrissey and her law partner Jason J. Lewis joined the case last year after the first team of prosecutors was forced to step down due to missteps, including trying to charge Baldwin on a penalty enhancement that wasn’t in effect at the time of the tragedy.

“The government looked a little sophomoric and unprofessional when they charged him for a crime that wasn’t a crime at the time,” said Los Angeles litigator Tre Lovell, who is not involved in the “Rust” shooting matter. “That was embarrassing.”

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The original prosecutors also displayed bluster in media interviews, making statements about the need to hold Baldwin responsible for his actions. Defense attorneys have argued that such commentary was out of line and prejudicial against the actor.

Shortly after Morrissey and Lewis joined the case, they dropped the charges against Baldwin. At the time, they said they needed more time to review evidence and address issues raised by Baldwin’s team. Morrissey and Lewis reserved the right to refile the charges.

Immediately after the charges were dropped, Baldwin traveled to Montana to finish the filming of “Rust.”

On Friday, Morrissey said last year’s decision to drop the charges was made at the request of Baldwin’s lead attorney, Luke Nikas, who had presented evidence that the gun Baldwin was using had been modified. Subsequent tests showed the gun was functional that day, but during FBI testing in 2022, the gun was broken by forensic analysts who wanted to see how much pressure needed to be applied for the hammer to drop.

The damaged gun is one of several complications that prosecutors are facing. Legal experts have said that winning a conviction in Baldwin’s case is expected to be more difficult than in the trial of Gutierrez, whose job was to make sure the weapons were safe.

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Baldwin was handed the prop gun that day and was told that it was “cold,” meaning there was no ammunition inside. In reality, the chamber of the revolver contained six rounds — five so-called dummies and the lead bullet that killed Hutchins.

“The state has not even alleged that Baldwin had a subjective awareness of a substantial risk that the firearm held live ammunition,” Nikas argued in the motion to dismiss the charges. “Without a subjective awareness, he could not have committed the crime of involuntary manslaughter, which requires that the defendant consciously disregarded a substantial and unjustifiable risk that his actions could cause another person’s death.”

Baldwin has argued, with support from Hollywood’s performers’ union SAG-AFTRA, that it wasn’t his job to be the gun safety officer on set.

The actor has said he was relying on other professionals to do their jobs to ensure a safe production.

Prosecutors have an obligation to present evidence in a “fair and impartial manner,” Baldwin’s attorneys said.

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The judge grilled Morrissey on her thinking at the time, including an instance when she had interrupted a sheriff’s deputy and prevented her from answering a question about gun safety measures on set. Morrissey said that deputy was not an expert in film set protocols and that she instead wanted jurors to get “the most accurate information,” which would come from a veteran film crew member who was an expert witness.

Baldwin’s attorneys were also sharply critical of Morrissey for divulging during a media interview the date the grand jury was expected to meet. Morrissey said she took responsibility for providing to a reporter the initial date, which had been scheduled for mid-November. However, the matter was postponed, and the case wasn’t brought before the grand jury until two months later, in mid-January.

Lovell, the L.A. entertainment attorney, said he believes the case will go to trial and that efforts to throw out the indictment will be unsuccessful.

“Courts are really reluctant to dismiss cases brought by a grand jury,” Lovell said. “Courts have limited ability to review what goes to a grand jury unless it was provided in bad faith.”

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Troubled EV maker Fisker closing Manhattan Beach headquarters

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Troubled EV maker Fisker closing Manhattan Beach headquarters

In an effort to stave off bankruptcy, electric-vehicle maker Fisker Inc. is closing its Manhattan Beach headquarters and has secured a $3.5-million lifeline as it continues to explore an acquisition or other strategic alternative.

The troubled company, which had about 300 employees in the 72,000-square-foot offices at the end of March, is moving its remaining workers to an engineering and distribution facility in La Palma in Orange County, said a person familiar with Fisker’s operations who was not authorized to comment.

In all, the company had roughly 1,135 employees as of mid-April, following an announced 15% cut to its workforce.

Fisker has been attempting to avoid bankruptcy since March, when it announced that talks over a strategic alliance with a major automaker had ended, squelching a deal that would have given it $150 million in new financing.

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That caused its shares to collapse to pennies, prompting the New York Stock Exchange to delist the stock, which violated another debt agreement the company struck with an investor last year, according to a regulatory filing.

A major automaker, said to be Nissan, was reportedly in talks to invest in Fisker. Nissan was considering making the Fisker Alaska truck at a U.S. plant — a deal that would come with a $400-million investment, Reuters first reported. Fisker did not confirm the reports.

Fisker announced this week that it secured a $3.5 million short-term loan, as it continues to operate and sell its midsize Ocean SUV. The note is due June 24 and has the potential to increase to $7.5 million.

The Ocean, a competitor to Tesla’s Model Y, was released last year to mixed reviews; some praised its build and styling, but the car has been plagued by software glitches.

The National Highway Traffic Safety Administration has four investigations into the vehicle, including one opened this month after complaints that the SUV’s automatic emergency braking system randomly triggered.

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Other probes are looking into reports that a door on the Ocean will not open and complaints about a loss of braking performance. The company has said it is working with the regulator.

Fisker said this week that it had added three dealers to its networks in California and New Jersey, which it began building after a plan to sell direct to consumers — like Tesla does — didn’t pan out. It also announced additional price cuts on some Ocean models.

In March, Fisker slashed the price on its entire lineup of 2023 Oceans by more than 30%. The company also said that it had paused production at its contract manufacturing plant in Austria, which produced about 10,200 Oceans last year.

Fisker was founded in 2016 by noted car designer Henrik Fisker, who has said the Ocean was inspired by California. The SUV features a full-length solar roof, an interior composed of “vegan” recycled plastic and a drop-down rear window that can fit a surf board.

Fisker is not the only startup that has been struggling amid a slowdown in the domestic market for electric vehicles and a rise in interest rates.

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Rivian Automotive, an Irvine maker of electric trucks, has informed state officials it will lay off more than 120 employees beginning in June. In February, the company announced it was cutting 10% of its workforce. The company’s shares have lost more than half of their value since last year.

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