Business
Conditions May Have Stymied Black Hawk Crew Before Fatal Crash
Flying helicopters near Ronald Reagan National Airport always carries some risk. But the conditions on the moonless night of Jan. 29, when an Army Black Hawk helicopter and an American Airlines passenger jet collided, were unusually challenging.
Many of the factors that contributed to the disaster are still being uncovered as investigators from the National Transportation Safety Board try to reconstruct the collision that killed 67 people. The midair crash, which caused wreckage from both aircraft to tumble into the icy Potomac River below, was the nation’s deadliest aviation accident since 2009.
Investigators have said the helicopter was flying about 100 feet higher than authorized in its designated portion of the airspace and are trying to determine why.
But interviews with helicopter pilots suggest that the Black Hawk was also dealing with a set of complex flying conditions, some of which are typical for the bustling area around National Airport outside Washington and some of which were unique to the series of events that happened last Wednesday. And the crew was flying an older-model aircraft that lacked certain safety technologies in its cockpit that are commonplace in those of commercial airplanes in the United States.
“Given the complexity of everything going on there, it is a higher-risk place to fly,” said Austin Roth, a former Black Hawk instructor for the Army who says he often flew the helicopter routes near National Airport while in service.
N.T.S.B. safety investigators have not assessed any blame on the Black Hawk crew, which Defense Secretary Pete Hegseth described as “fairly experienced.”
The safety agency said on Tuesday that there was still information that needed to be collected from the helicopter, a process that is expected to begin this week when its wreckage is lifted from the Potomac. Investigators said the two aircraft collided at 300 feet — a detail that has raised questions about how the helicopter got off course, given that it was not authorized to fly higher than 200 feet above ground.
The New York Times, through interviews with six current and former military aviators and a civilian helicopter pilot who frequently flies the routes near National Airport, has pieced together some understanding of the conditions that the crew faced the night of the crash.
The crew in the UH-60 Black Hawk left its home base, Fort Belvoir in Virginia, after dark last Wednesday to conduct a training mission to allow the co-pilot, Capt. Rebecca Lobach, to perform a required annual evaluation flight.
It was part of the small group of military and civilian law enforcement helicopters authorized to fly in the highly restricted airspace over Washington and Northern Virginia. Those pilots must fly along designated routes that generally follow the Potomac and Anacostia Rivers. The air traffic controllers inside the tower at National Airport manage that airspace for helicopters and planes alike.
These routes specify certain altitude restrictions for helicopters along the water, including Route 4, the one that prohibits flying higher than 200 feet over the stretch of the Potomac where the collision occurred.
That restriction, according to several of the pilots, provides little room to maneuver in case of an emergency. At such a low altitude over a river, moving up — not down — is the more realistic response.
Mr. Roth said there are helicopter routes at Dulles International Airport and Baltimore/Washington International Thurgood Marshall Airport that allow pilots to fly over the commercial jet airspace rather than through it, which gives pilots more options in the event of an emergency.
“I can’t think of anywhere where you can fly next to a major airport at 200 feet,” said Mr. Roth, who was in the same unit as the crew of the helicopter that crashed. A combination of dark skies and surrounding city lights — lights that would have been amplified exponentially if the crew members were wearing night-vision goggles — may have distracted them as they searched for nearby air traffic.
“So they’re flying over a black water surface of the Potomac with ground clutter and the buildings behind them,” said Senator Tammy Duckworth, the Illinois Democrat who flew Black Hawk helicopters during her military career.
At about 8:46 p.m. last Wednesday, an air traffic controller warned the helicopter crew that a passenger jet was nearby. That plane, American Airlines Flight 5342, had been redirected from Runway 1, which regional jets commonly used, to the lesser-used Runway 33.
Captain Lobach was most likely in the right-hand seat, said a senior Army official who has flown the National Airport helicopter routes repeatedly but requested anonymity because he was not authorized to speak publicly.
This is significant, the official said, because if the instructor pilot was busy or distracted with something, Captain Lobach’s seat on the right side of the aircraft might have put her in poor position to view the descending American Airlines flight on her left.
Still, other experienced military pilots said they were puzzled at the crash, given that military pilots are trained to be ready for such hazards.
The Black Hawk, a twin-engine aircraft introduced in the 1970s that has inspired a variety of models, has long been a fixture in the U.S. military, both for general purposes and for more tailored missions. In the Army alone, about 2,000 Black Hawks are in operation today.
In the Washington area, which is home to the White House, the Pentagon and several air fields from which both training flights and the transport of the president and other senior officials often originate, Black Hawks are ubiquitous.
The 12th Aviation Battalion at Fort Belvoir flies two types of Black Hawks: the UH-60L, an old model, and the VH-60M, a newer one. The aircraft involved in the crash was the older model. It does not have the ability to let pilots fly on autopilot but it is not considered insufficient for the job, according to the senior Army official.
Regardless, the official said, the crew flying along the Potomac River would not have found autopilot helpful. Low-level flying, he said, requires constant attention to terrain, obstacles and routes.
The Black Hawks, even the older models, are not especially hard to operate, said current and former military aviators. But the congestion around National Airport, one of the country’s busiest public airspaces, requires particular adeptness and a willingness to hang back if necessary to let passenger jets take off or land safely.
“That aircraft was in the wrong place well before they were in the same literal airspace with the CRJ,” said Jon-Claud Nix, a former Marine Corps helicopter pilot, using the abbreviation for the jet that was involved in the collision.
Mr. Nix, who has reviewed the air traffic control recordings and other public details of the crash, added, “They just needed to hold off a little bit to properly identify or locate their correct traffic.”
He said that in the final moments before the crash, the Black Hawk crew was essentially on its own to avoid collision. That is because the crew, according to a recording of the air traffic control audio, had requested what is known as “visual separation,” which under aviation rules means the crew would search out nearby traffic on its own, without assistance from controllers.
And the older Black Hawk model the crew flew last Wednesday most likely did not have certain air-safety systems that are standard among U.S. passenger jets.
For example, it would not have had the Traffic Collision Avoidance System, nicknamed TCAS, which alerts pilots to the fact that their planes are dangerously close to other aircraft and can redirect pilots to quickly climb or descend if a crash seems imminent.
The pilots say one or all of these factors could have contributed to a tragic sequence of events.
“Especially on that route,” Mr. Roth said, “it’s 200 feet which is a low altitude. It’s in proximity to other aircraft. The lighting conditions are tough and there’s just not many places in the world where all of that is happening to anyone all at once.”
Business
California, other states sue Trump administration over $100,000 fee for H-1B visas
California and a coalition of other states are suing the Trump administration over a policy charging employers $100,000 for each new H-1B visa they request for foreign employees to work in the U.S. — calling it a threat not only to major industry but also to public education and healthcare services.
“As the world’s fourth largest economy, California knows that when skilled talent from around the world joins our workforce, it drives our state forward,” said California Atty. Gen. Rob Bonta, who announced the litigation Friday.
President Trump imposed the fee through a Sept. 19 proclamation, in which he said the H-1B visa program — designed to provide U.S. employers with skilled workers in science, technology, engineering, math and other advanced fields — has been “deliberately exploited to replace, rather than supplement, American workers with lower-paid, lower-skilled labor.”
Trump said the program also created a “national security threat by discouraging Americans from pursuing careers in science and technology, risking American leadership in these fields.”
Bonta said such claims are baseless, and that the imposition of such fees is unlawful because it runs counter to the intent of Congress in creating the program and exceeds the president’s authority. He said Congress has included significant safeguards to prevent abuses, and that the new fee structure undermines the program’s purpose.
“President Trump’s illegal $100,000 H-1B visa fee creates unnecessary — and illegal — financial burdens on California public employers and other providers of vital services, exacerbating labor shortages in key sectors,” Bonta said in a statement. “The Trump Administration thinks it can raise costs on a whim, but the law says otherwise.”
Taylor Rogers, a White House spokeswoman, said Friday that the fee was “a necessary, initial, incremental step towards necessary reforms” that were lawful and in line with the president’s promise to “put American workers first.”
Attorneys for the administration previously defended the fee in response to a separate lawsuit brought by the U.S. Chamber of Commerce and the Assn. of American Universities, arguing earlier this month that the president has “extraordinarily broad discretion to suspend the entry of aliens whenever he finds their admission ‘detrimental to the interests of the United States,’” or to adopt “reasonable rules, regulations, and orders” related to their entry.
“The Supreme Court has repeatedly confirmed that this authority is ‘sweeping,’ subject only to the requirement that the President identify a class of aliens and articulate a facially legitimate reason for their exclusion,” the administration’s attorneys wrote.
They alleged that the H-1B program has been “ruthlessly and shamelessly exploited by bad actors,” and wrote that the plaintiffs were asking the court “to disregard the President’s inherent authority to restrict the entry of aliens into the country and override his judgment,” which they said it cannot legally do.
Trump’s announcement of the new fee alarmed many existing visa holders and badly rattled industries that are heavily reliant on such visas, including tech companies trying to compete for the world’s best talent in the global race to ramp up their AI capabilities. Thousands of companies in California have applied for H-1B visas this year, and tens of thousands have been granted to them.
Trump’s adoption of the fees is seen as part of his much broader effort to restrict immigration into the U.S. in nearly all its forms. However, he is far from alone in criticizing the H-1B program as a problematic pipeline.
Critics of the program have for years documented examples of employers using it to replace American workers with cheaper foreign workers, as Trump has suggested, and questioned whether the country truly has a shortage of certain types of workers — including tech workers.
There have also been allegations of employers, who control the visas, abusing workers and using the threat of deportation to deter complaints — among the reasons some on the political left have also been critical of the program.
“Not only is this program disastrous for American workers, it can be very harmful to guest workers as well, who are often locked into lower-paying jobs and can have their visas taken away from them by their corporate bosses if they complain about dangerous, unfair or illegal working conditions,” Sen. Bernie Sanders (I-Vt.) wrote in a Fox News opinion column in January.
In the Chamber of Commerce case, attorneys for the administration wrote that companies in the U.S. “have at times laid off thousands of American workers while simultaneously hiring thousands of H-1B workers,” sometimes even forcing the American workers “to train their H-1B replacements” before they leave.
They have done so, the attorneys wrote, even as unemployment among recent U.S. college graduates in STEM fields has increased.
“Employing H-1B workers in entry-level positions at discounted rates undercuts American worker wages and opportunities, and is antithetical to the purpose of the H-1B program, which is ‘to fill jobs for which highly skilled and educated American workers are unavailable,’” the administration’s attorneys wrote.
By contrast, the states’ lawsuit stresses the shortfalls in the American workforce in key industries, and defends the program by citing its existing limits. The legal action notes that employers must certify to the government that their hiring of visa workers will not negatively affect American wages or working conditions. Congress also has set a cap on the number of visa holders that any individual employer may hire.
Bonta’s office said educators account for the third-largest occupation group in the program, with nearly 30,000 educators with H-1B visas helping thousands of institutions fill a national teacher shortage that saw nearly three-quarters of U.S. school districts report difficulty filling positions in the 2024-2025 school year.
Schools, universities and colleges — largely public or nonprofit — cannot afford to pay $100,000 per visa, Bonta’s office said.
In addition, some 17,000 healthcare workers with H-1B visas — half of them physicians and surgeons — are helping to backfill a massive shortfall in trained medical staff in the U.S., including by working as doctors and nurses in low-income and rural neighborhoods, Bonta’s office said.
“In California, access to specialists and primary care providers in rural areas is already extremely limited and is projected to worsen as physicians retire and these communities struggle to attract new doctors,” it said. “As a result of the fee, these institutions will be forced to operate with inadequate staffing or divert funding away from other important programs to cover expenses.”
Bonta’s office said that prior to the imposition of the new fee, employers could expect to pay between $960 and $7,595 in “regulatory and statutory fees” per H-1B visa, based on the actual cost to the government of processing the request and document, as intended by Congress.
The Trump administration, Bonta’s office said, issued the new fee without going through legally required processes for collecting outside input first, and “without considering the full range of impacts — especially on the provision of the critical services by government and nonprofit entities.”
The arguments echo findings by a judge in a separate case years ago, after Trump tried to restrict many such visas in his first term. A judge in that case — brought by the U.S. Chamber of Commerce, the National Assn. of Manufacturers and others — found that Congress, not the president, had the authority to change the terms of the visas, and that the Trump administration had not evaluated the potential impacts of such a change before implementing it, as required by law.
The case became moot after President Biden decided not to renew the restrictions in 2021, a move which tech companies considered a win.
Joining in the lawsuit — California’s 49th against the Trump administration in the last year alone — are Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, North Carolina, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin.
Business
Some big water agencies in farming areas get water for free. Critics say that needs to end
The water that flows down irrigation canals to some of the West’s biggest expanses of farmland comes courtesy of the federal government for a very low price — even, in some cases, for free.
In a new study, researchers analyzed wholesale prices charged by the federal government in California, Arizona and Nevada, and found that large agricultural water agencies pay only a fraction of what cities pay, if anything at all. They said these “dirt-cheap” prices cost taxpayers, add to the strains on scarce water, and discourage conservation — even as the Colorado River’s depleted reservoirs continue to decline.
“Federal taxpayers have been subsidizing effectively free water for a very, very long time,” said Noah Garrison, a researcher at UCLA’s Institute of the Environment and Sustainability. “We can’t address the growing water scarcity in the West while we continue to give that water away for free or close to it.”
The report, released this week by UCLA and the environmental group Natural Resources Defense Council, examines water that local agencies get from the Colorado River as well as rivers in California’s Central Valley, and concludes that the federal government delivers them water at much lower prices than state water systems or other suppliers.
The researchers recommend the Trump administration start charging a “water reliability and security surcharge” on all Colorado River water as well as water from the canals of the Central Valley Project in California. That would encourage agencies and growers to conserve, they said, while generating hundreds of millions of dollars to repair aging and damaged canals and pay for projects such as new water recycling plants.
“The need for the price of water to reflect its scarcity is urgent in light of the growing Colorado River Basin crisis,” the researchers wrote.
The study analyzed only wholesale prices paid by water agencies, not the prices paid by individual farmers or city residents. It found that agencies serving farming areas pay about $30 per acre-foot of water on average, whereas city water utilities pay $512 per acre-foot.
In California, Arizona and Nevada, the federal government supplies more than 7 million acre-feet of water, about 14 times the total water usage of Los Angeles, for less than $1 per acre-foot.
And more than half of that — nearly one-fourth of all the water the researchers analyzed — is delivered for free by the U.S. Bureau of Reclamation to five water agencies in farming areas: the Imperial Irrigation District, Palo Verde Irrigation District and Coachella Valley Water District, as well as the Truckee-Carson Irrigation District in Nevada and the Unit B Irrigation and Drainage District in Arizona.
Along the Colorado River, about three-fourths of the water is used for agriculture.
Farmers in California’s Imperial Valley receive the largest share of Colorado River water, growing hay for cattle, lettuce, spinach, broccoli and other crops on more than 450,000 acres of irrigated lands.
The Imperial Irrigation District charges farmers the same rate for water that it has for years: $20 per acre-foot.
Tina Shields, IID’s water department manager, said the district opposes any surcharge on water. Comparing agricultural and urban water costs, as the researchers did, she said, “is like comparing a grape to a watermelon,” given major differences in how water is distributed and treated.
Shields pointed out that IID and local farmers are already conserving, and this year the savings will equal about 23% of the district’s total water allotment.
“Imperial Valley growers provide the nation with a safe, reliable food supply on the thinnest of margins for many growers,” she said in an email.
She acknowledged IID does not pay any fee to the government for water, but said it does pay for operating, maintaining and repairing both federal water infrastructure and the district’s own system.
“I see no correlation between the cost of Colorado River water and shortages, and disagree with these inflammatory statements,” Shields said, adding that there “seems to be an intent to drive a wedge between agricultural and urban water users at a time when collaborative partnerships are more critical than ever.”
The Colorado River provides water for seven states, 30 Native tribes and northern Mexico, but it’s in decline. Its reservoirs have fallen during a quarter-century of severe drought intensified by climate change. Its two largest reservoirs, Lake Mead and Lake Powell, are now less than one-third full.
Negotiations among the seven states on how to deal with shortages have deadlocked.
Mark Gold, a co-author, said the government’s current water prices are so low that they don’t cover the costs of operating, maintaining and repairing aging aqueducts and other infrastructure. Even an increase to $50 per acre-foot of water, he said, would help modernize water systems and incentivize conservation.
A spokesperson for the U.S. Interior Department, which oversees the Bureau of Reclamation, declined to comment on the proposal.
The Colorado River was originally divided among the states under a 1922 agreement that overpromised what the river could provide. That century-old pact and the ingrained system of water rights, combined with water that costs next to nothing, Gold said, lead to “this slow-motion train wreck that is the Colorado right now.”
Research has shown that the last 25 years were likely the driest quarter-century in the American West in at least 1,200 years, and that global warming is contributing to this megadrought.
The Colorado River’s flow has decreased about 20% so far this century, and scientists have found that roughly half the decline is due to rising temperatures, driven largely by fossil fuels.
In a separate report this month, scientists Jonathan Overpeck and Brad Udall said the latest science suggests that climate change will probably “exert a stronger influence, and this will mean a higher likelihood of continued lower precipitation in the headwaters of the Colorado River into the future.”
Experts have urged the Trump administration to impose substantial water cuts throughout the Colorado River Basin, saying permanent reductions are necessary. Kathryn Sorensen and Sarah Porter, researchers at Arizona State University’s Kyl Center for Water Policy, have suggested the federal government set up a voluntary program to buy and retire water-intensive farmlands, or to pay landowners who “agree to permanent restrictions on water use.”
Over the last few years, California and other states have negotiated short-term deals and as part of that, some farmers in California and Arizona are temporarily leaving hay fields parched and fallow in exchange for federal payments.
The UCLA researchers criticized these deals, saying water agencies “obtain water from the federal government at low or no cost, and the government then buys that water back from the districts at enormous cost to taxpayers.”
Isabel Friedman, a coauthor and NRDC researcher, said adopting a surcharge would be a powerful conservation tool.
“We need a long-term strategy that recognizes water as a limited resource and prices it as such,” she wrote in an article about the proposal.
Business
As Netflix and Paramount circle Warner Bros. Discovery, Hollywood unions voice alarm
The sale of Warner Bros. — whether in pieces to Netflix or in its entirety to Paramount — is stirring mounting worries among Hollywood union leaders about the possible fallout for their members.
Unions representing writers, directors, actors and crew workers have voiced growing concerns that further consolidation in the media industry will reduce competition, potentially causing studios to pay less for content, and make it more difficult for people to find work.
“We’ve seen this movie before, and we know how it ends,” said Michele Mulroney, president of the Writers Guild of America West. “There are lots of promises made that one plus one is going to equal three. But it’s very hard to envision how two behemoths, for example, Warner Bros. and Netflix … can keep up the level of output they currently have.”
Last week, Netflix announced it agreed to buy Warner Bros. Discovery’s film and TV studio, Burbank lot, HBO and HBO Max for $27.75 a share, or $72 billion. It also agreed to take on more than $10 billion of Warner Bros.’ debt. But Paramount, whose previous offers were rebuffed by Warner Bros., has appealed directly to shareholders with an alternative bid to buy all of the company for about $78 billion.
Paramount said it will have more than $6 billion in cuts over three years, while also saying the combined companies will release at least 30 movies a year. Netflix said it expects its deal will have $2 billion to $3 billion in cost cuts.
Those cuts are expected to trigger thousands of layoffs across Hollywood, which has already been squeezed by the flight of production overseas and a contraction in the once booming TV business.
Mulroney said that employment for WGA writers in episodic television is down as much as 40% when comparing the 2023-2024 writing season to 2022-2023.
Executives from both companies have said their deals would benefit creative talent and consumers.
But Hollywood union leaders are skeptical.
“We can hear the generalizations all day long, but it doesn’t really mean anything unless it’s on paper, and we just don’t know if these companies are even prepared to make promises in writing,” said Lindsay Dougherty, Teamsters at-large vice president and principal officer for Local 399, which represents drivers, location managers and casting directors.
Dougherty said the Teamsters have been engaged with both Netflix and Paramount, seeking commitments to keep filming in Los Angeles.
“We have a lot of members that are struggling to find work, or haven’t really worked in the last year or so,” Dougherty said.
Mulroney said her union has concerns about both bids, either by Netflix or Paramount.
“We don’t think the merger is inevitable,” Mulroney said. “We think there’s an opportunity to push back here.”
If Netflix were to buy Warner Bros.’ TV and film businesses, Mulroney said that could further undermine the theatrical business.
“It’s hard to imagine them fully embracing theatrical exhibition,” Mulroney said. “The exhibition business has been struggling to get back on its feet ever since the pandemic, so a move like this could really be existential.”
But the Writers Guild also has issues with Paramount’s bid, Mulroney said, noting that it would put Paramount-owned CBS News and CNN under the same parent company.
“We have censorship concerns,” Mulroney said. “We saw issues around [Stephen] Colbert and [Jimmy] Kimmel. We’re concerned about what the news would look like under single ownership here.”
That question was made more salient this week after President Trump, who has for years harshly criticized CNN’s hosts and news coverage, said he believes CNN should be sold.
The worries come as some unions’ major studio contracts, including the DGA, WGA and performers guild SAG-AFTRA, are set to expire next year. Two years ago, writers and actors went on a prolonged strike to push for more AI protections and better wages and benefits.
The Directors Guild of America and performers union SAG-AFTRA have voiced similar objections to the pending media consolidation.
“A deal that is in the interest of SAG-AFTRA members and all other workers in the entertainment industry must result in more creation and more production, not less,” the union said.
SAG-AFTRA National Executive Director Duncan Crabtree-Ireland said the union has been in discussions with both Paramount and Netflix.
“It is as yet unclear what path forward is going to best protect the legacy that Warner Brothers presents, and that’s something that we’re very actively investigating right now,” he said.
It’s not clear, however, how much influence the unions will have in the outcome.
“They just don’t have a seat at the ultimate decision making table,” said David Smith, a professor of economics at the Pepperdine Graziadio Business School. “I expect their primary involvement could be through creating more awareness of potential challenges with a merger and potentially more regulatory scrutiny … I think that’s what they’re attempting to do.”
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