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NEVADA VIEWS: Justice for downwinders

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NEVADA VIEWS: Justice for downwinders


Between 1951 and 1963, when an international treaty banning above-ground nuclear tests was signed, 100 atmospheric nuclear tests were conducted at the Nevada Test Site, about 65 miles northwest of Las Vegas. While the United States declared its testing program successful in preventing World War III, the people living in the path of the fallout from those tests paid a terrible price.

My family moved to Las Vegas in 1955 and enjoyed an unobstructed view of the atomic blasts from our front yard. A brilliant flash lit up the predawn sky, followed by a mushroom cloud rising up from the desert floor. Like most Southern Nevadans, we were proud to be on the front lines of the Cold War, testing ever-more potent nuclear weapons to deter Soviet aggression. The U.S. government assured us again and again that fallout from the tests was minimal and posed no health risk. We believed what we were told, we drank the Kool-Aid. We also drank the milk from nearby dairies whose cows grazed on irradiated land and produced contaminated milk.

Then people started getting sick. Cancer rates in Southern Nevada and nearby St. George, Utah, were on the rise, as were other health conditions. At age 9, I developed an autoimmune disorder that affected my kidneys throughout adolescence and early adulthood, nearly taking my life on two occasions. It never occurred to the doctors that the exposure to radiation might have played a role. Years later, my father found blood in his urine; six months later, he was dead of bladder cancer.

By then, the federal government had adopted the position that it could not be held responsible for people getting sick and dying, claiming that you couldn’t prove that this case of leukemia or that autoimmune disease was caused by radiation exposure. This argument was successfully employed by the government in a lawsuit filed by the families of four test workers who were exposed to a radiation leak and within two years had all died of leukemia.

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In the face of this miscarriage of justice — and to prevent future lawsuits — Congress passed the Radiation Exposure Compensation Act in 1990. Under this statute, the “downwinders” — people exposed to fallout during the above-ground testing — could apply for compensation if they became ill with certain types of cancers or lost family members to those conditions.

Having learned about the legislation only a few years ago, I filed an application. It was not easy, tracking down original documents from 50 years ago. But I persevered, checking every box save one: We had lived in Clark County, most of which was not covered by the act. The Justice Department rejected my application.

The notion that radiation reached the Clark County border and went around the outskirts seems utterly absurd. On a map of counties covered by the legislation, Clark County is a white rectangle surrounded by covered areas, marked by swaths of yellow and green. In retrospect, this seems like a callous attempt by the government to reduce costs by excluding the majority of Las Vegas residents from eligibility.

Nearly all the African American population, who then lived on the Westside and lacked access to quality health care, undoubtedly suffered a disproportionate rate of illness and deaths because of radiation exposure. But if they sought redress under the act, most would have been denied — the map excluded them.

In March, the Senate passed an amendment to extend coverage to Clark County, with the Navajo Nation in New Mexico and other affected populations across the country. This bill, which had widespread bipartisan support, was sent to the House, where it languished for three months. Its opponents, led by Speaker Mike Johnson, are concerned about the cost. They think it’s too broad, and they claim there is insufficient data to justify compensating all the potential claimants.

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The National Cancer Institute begs to differ, having linked as many as 212,000 cases of thyroid cancer across the country to exposure to radioactive fallout from the nuclear tests in Nevada. If you want statistics but with a human face, talk to Dr. Laura Shaw, principal investigator for the Radiation Exposure Screening and Education Program and the Nevada Test Site Screening Program. “Many of the patients we see are very ill and have personal and extensive family histories of cancer,” Dr. Shaw said. “Just last week, we screened a mom, daughter and aunt, all with cancer. It’s heartbreaking to hear these stories, and we want to help in any way we can.”

Surely Congress would demonstrate similar concerns for the welfare of the citizens who elected it. Yet the Republican leadership in the House let the clock run out, and the original RECA bill expired June 7.

But there is still time to do the right thing. On behalf of my fellow Nevada downwinders, members of Navajo Nation and all the other individuals and groups who suffered illness and loss as a direct result of the nuclear testing program, I implore Speaker Johnson to bring the Senate’s expansion bill to the floor before Congress adjourns for the summer. Give the people’s representatives a chance to bring a measure of justice to the downwinders and others who even today are fighting desperate battles for their lives and the lives of their loved ones.

Linda Chase grew up in Las Vegas and currently lives in California.

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Court OK’s counting late-arriving mail ballots in Nevada, 29 other states

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Court OK’s counting late-arriving mail ballots in Nevada, 29 other states


LAS VEGAS (KTNV) — Nevada’s laws allowing the counting of mail-in ballots that arrive up to four days after Election Day — so long as they are postmarked by that date — is constitutional under a Monday ruling from the U.S. Supreme Court.

In a 5-4 ruling, justices upheld a challenge to a Mississippi law that’s similar to Nevada’s statute. Justice Amy Coney Barrett and Chief Justice John Roberts joined with the court’s three liberal members, Sonia Sotomayor, Elena Kagan and Katanji Brown Jackson, to uphold the law.

Conservatives Samuel Alito, Clarence Thomas, Brett Kavanaugh and Neil Gorsuch dissented.

The ruling affects 30 states, all of which allow some ballots received after Election Day to be counted. That includes Nevada, which allows ballots postmarked by Election Day to be received and counted up to four days later, and ballots without a postmark to be received and counted up to three days later.

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Plaintiffs in the case — including the Republican National Committee and the Mississippi Republican Party — had contended that federal laws referring to “elections” mean both the casting and counting of ballots, which they said must occur on Election Day.

“The federal election-day statutes do not preempt Mississippi’s law because the defining element of an ‘election’ has always been the electorate’s choice of candidate,” the case summary reads. “And a related federal statute — the Uniformed and Overseas Citizens Absentee Voting Act — confirms that while federal law dictates when ballots must be cast, state law governs when they must be received.”

In Nevada, critics have contended that late-arriving ballots erode confidence in elections, because they delay learning final election results for days and, in some close races, can change the outcome.

Gov. Joe Lombardo has called the weeklong wait for final, unofficial results “a national embarrassment.”

Plaintiffs in the case made similar arguments, but were turned away by the court: “Finally, plaintiffs policy arguments about election integrity and voter confidence are properly addressed to legislatures, not courts,” the case summary reads.

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Several attempts to require ballots to be received by Election Day have been introduced in Nevada’s Legislature, but none have been successful in the Democratically controlled body.

Secretary of State Cisco Aguilar has argued that the overwhelming majority of ballots are in and counted by Election Day, and only the closest races may be changed by late-arriving ballots. He’s advocated for more resources for county clerks and voter registrars to be able to count mail ballots more quickly.

Under the ruling, nothing will change for Nevada voters going to the polls in four months to vote in the November election. But officials still encourage voters to send in their mail ballots early, or to put them in drop boxes at voting centers during early voting or on Election Day.

Supreme Court upholds late-arriving mail ballots in Mississippi

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One dead, four hospitalized after head-on crash on I-15 in Clark County

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One dead, four hospitalized after head-on crash on I-15 in Clark County


LAS VEGAS (FOX5) — Nevada Highway Patrol responded to a two-vehicle crash on Interstate 15 near mile marker 94 Sunday evening.

The crash was reported at 6:43 p.m. on June 28.

MORE ON FOX5: Driver sustains life-threatening injuries in Las Vegas multi-vehicle crash

A passenger sedan and a pickup truck were involved in the crash. One vehicle was traveling southbound, lost control, crossed through the median, and struck the other vehicle head-on in the northbound travel lane.

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One adult male died at the scene. Two people were transported by ground ambulance, and two others were transported by life flight to a local hospital.

Road closures

All northbound I-15 travel lanes were closed at mile marker 94, but have since opened as of Sunday night.

Nevada Highway Patrol said further information will be provided following the preliminary investigation.

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Officials elevate response efforts to combat eastern Nevada wildfires

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Officials elevate response efforts to combat eastern Nevada wildfires












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