Today’s puzzles are about deducing the mechanisms behind two extremely puzzling objects: a practical joke cup supposedly invented by Pythagoras and a vehicle that seemingly travels the wrong way.
1. Pythagoras’s Cup
Pythagoras, the Greek mathematician and mystic, is credited with devising a cup with the following properties:
1) If you pour it up to a certain level it behaves like a normal cup.
2) If you pour it beyond that level all of the liquid in the cup empties through a hole at the bottom of the cup.
Can you draw the mechanism inside the cup?
The solution is very simple and has no moving parts. (If you are a plumber you might find this very easy.)
The cup is a cute metaphor for moderation in life. Fill it up just a little too much and you will lose everything.
2. Backwards jalopy
Design a simple mechanism for a four-wheeled toy vehicle such that when you pull a piece of string backwards out the vehicle, the vehicle moves forward.
I’ll be back at 5pm UK with the answers. Please NO SPOILERS. Instead please discuss your favourite engineering-based practical joke objects.
I’ve been setting a puzzle here on alternate Mondays since 2015. I’m always on the look-out for great puzzles. If you would like to suggest one, email me.
This narrow lane is a busy cut-through and we often have to stand to one side because of the traffic. Between the passing places the verges are uncut, and their flowers have grown tall after springâs heavy rainfall. Either side is hedged and the more interesting flora is in the northâfacing verge, separated from a narrow band of woodland by a deep ditch. The trees are mainly Scots pine and beech, from which a chaffinch calls insistently on this sunny morning.
The flowers of wood avens shine a deep lemon yellow, their stems arching over freshly green grasses. Thereâs a delicate tracery of leaves from herb robert, dandelions going to seed and the clear white stars of stitchwort. Clambering stems of bush vetch entwine with emerging brambles; the petals of this common legume are a dirty purple, a smudgy colour that is hard to define. Bright meadow buttercups stand tall and, later on, thereâll be meadowsweet and knapweed.
Other wildflowers like this shady spot: honeysuckle, woodruff, nettles and nipplewort. So much to notice in just a few paces â but then we see it, illuminated in a patch of dappled light: a birdâs nest orchid growing perilously close to the road. This curious plant, nationally and locally rare, has a pale beige colouring that makes it easy to overlook as dead or dying.
Named for its nest-like tangle of roots, Neottia nidus-avis has clusters of dull brown hooded flowers. Being parasitic on the mycorrhizal fungi associated with tree roots, it has no need for leaves or chlorophyll. It often gains its nutrients from beech trees â and there on the other side of the hedge is a large beech whose roots run under the verge. The orchidâs more usual habitat is the deep leaf litter and shade that we can glimpse through the hedge.
That mass of nest-like roots stores food, building up energy over a decade until the orchid blooms, which is why its appearance is such an event. Weâd heard about it from a keen-eyed friend who notified the county recorder for South Northumberland. It joins the scattering of Tyne Valley records held by the Botanical Society of Britain and Ireland. And itâs something that couldnât have happened if the road verge had been cut.
The celebrated American magician David Copperfield has been accused by 16 women of engaging in sexual misconduct and inappropriate behaviour, according to a Guardian US investigation.
Lawyers for Copperfield denied all the allegations of misconduct and inappropriate behaviour. They described the allegations against him as âfalse and entirely without foundationâ. They also said there had been ânumerous false claimsâ made against him in the past, but that none had been proved. They noted that he had never been charged with a crime.
The lawyers said inappropriate behaviour against women âis the opposite of everything he stands for and works hard forâ. They said Copperfield was a major advocate of womenâs rights even before the rise of the #MeToo movement.
Support The Guardian
The Guardian is editorially independent.
And we want to keep our journalism open and accessible to all.
But we increasingly need our readers to fund our work.
Ukraineâs forces have hit an advanced Su-57 warplane on an airbase in Russia nearly 600km from the frontlines, according to Ukrainian military intelligence. The GUR shared satellite photos appearing to show an aircraft among scorch marks and craters. âThe pictures show that on June 7th, the Su-57 was standing intact, and on the eighth, there were ruptures from the explosion and characteristic spots of fire caused by fire damage near it,â the GUR said.
The strike took place on Saturday at the Akhtubinsk base in southern Russia, the GUR said. The plane, capable of carrying stealth missiles, was among âa countable fewâ of its type in service. Russiaâs Su-57 fleet has been largely absent from the skies over Ukraine, and has instead been used to fire long-range missiles from across the border.
The UK Ministry of Defence has said Russia is likely trying to avoid âreputational damage, reduced export prospects, and the compromise of sensitive technologyâ that would come from losing any Su-57 jets in enemy territory. For its part, the Russian defence ministry said its forces downed three Ukrainian drones in the Astrakhan region, home to the Akhtubinsk airstrip. Russian officials routinely say all enemy threats were shot down, regardless of the actual outcome.
Russian forces appeared to be making headway in their assault on the strategic Ukrainian town of Chasiv Yar, according to reports on Sunday from both sides. Chasiv Yar stands on high ground about 20km (12 miles) to the west of Bakhmut, a town Russian forces seized a year ago, and is seen as a potential staging point for Russia to advance on Kramatorsk and Sloviansk.
Ukrainian media outlet Ukrainska Pravda quoted a military source and a blogger as saying that Russian forces had begun occupying a district of Chasiv Yar alongside a canal. The source said Russian troops were using guided aerial bombs to clear areas along a major road and had begun to move forward and build up their forces.
Ukraineâs president, Volodymyr Zelenskiy, in his nightly video address on Sunday made no mention of Chasiv Yar, but said the area around the town of Pokrovsk, to the south-west, remained the most difficult sector and âthe one where pressure from the occupiers is the greatestâ.
Ukraineâs electricity grid operator, Ukrenergo, said it would impose hour-long cuts on Monday from 4pm to 10pm. The restrictions would not apply to âcritical infrastructureâ sites providing vital services. Ukraineâs government ordered all ministries and regional authorities last Friday to stop using air conditioning and switch off external lighting.
In a shock move, Franceâs president, Emmanuel Macron, has called a snap parliamentary election that will be held within the next 30 days. What happened exactly, why â and what might come next?
Whatâs the story?
After suffering a crushing defeat at the hands of Marine Le Penâs far right National Rally (RN) in the European parliamentary elections, the French president on Sunday evening unexpectedly announced a snap general election.
The president won re-election in 2022. His current term runs until spring 2027 and he cannot stand again.
What were Macronâs reasons?
The president said the decision was a âserious and heavyâ one, but that he could not resign himself to the fact that âfar-right parties … are progressing everywhere on the continentâ.
He described it as âan act of confidenceâ, saying he had faith in Franceâs voters and âin the capacity of the French people to make the best choice for themselves and for future generationsâ.
Macron added: âI have confidence in our democracy, in letting the sovereign people have their say. Iâve heard your message, your concerns, and I wonât leave them unanswered.â
The French presidentâs centrist coalition lost its parliamentary majority in the 2022 elections and has since resorted to pushing through legislation without a vote in the assembly, using a controversial constitutional tool known as 49/3.
Analysts have long predicted that he would face severe difficulties in parliament in the wake of a heavy defeat to RN in the European elections, potentially including censure motions and the collapse of the government.
Sundayâs dramatic move, however, is a huge gamble: Macronâs party could suffer yet more losses, effectively hobbling the rest of his presidential term and potentially handing Marine Le Pen even more power. The president has presented it as an existential choice for French voters: do you really want to be governed by the far right?
Most analysts, however, predict that while the far-right party may emerge with more MPs, it will probably not win enough seats to give it a majority either â meaning the next parliament may be even messier and more ineffective than the current one.
It could be that he is looking at a neutralising âcohabitation effectâ. If RN were to score well and, for example, Bardella were offered the job of prime minister, two and a half years in government may be just enough time to render the far right unpopular too.
Voters must be called to the polls in the 20 to 40 days following the assemblyâs dissolution. The first round of these elections is scheduled for 30 June and the second on 7 July. Considering Paris is due to host the Olympic games at the end of July, itâs going to be a busy few weeks for Macron.
How have National Rally responded?
Bardella was the first to urge Macron to call snap legislative elections, telling supporters after the projections were announced that French voters had âexpressed a desire for changeâ. The country has âgiven its verdict and there is no appealâ, he said.
Le Pen, the partyâs figurehead and presidential candidate, said she could âonly welcome this decision, which is in keeping with the logic of the institutions of the Fifth Republicâ. She said the party was âready to take power if the French people have confidence in us in these forthcoming legislative electionsâ.
âWe are ready to put the country back on its feet,â she said. âWe are ready to defend the interests of the French people.â
Is there a precedent for early presidential dissolution?
Previous presidents have dissolved parliament, including in 1962, 1968, 1981 and 1988, when the presidential term was seven years but the parliamentâs only five, meaning the head of state often found himself facing an opposing majority in the assembly.
It has not always worked in their favour; in 1997, the then centre-right president, Jacques Chirac, called snap legislative elections only to see the left win a majority, leaving him to endure five years in âcohabitationâ.
No president has dissolved parliament since then, partly because the presidential and parliamentary terms were synchronised in 2000 and voters since then have given each incoming president a parliamentary majority â until Macronâs re-election.
Much of this year’s clay-court season had been a miserable experience for Carlos Alcaraz. He was sidelined from three of his four planned tournaments with a forearm injury and hampered in the one event he did play. His fitness struggles raised further questions about whether his body can withstand the pressure his all-action playing style imposes on it and he arrived at Roland Garros without much match practice or rhythm.
It takes a special talent to enter a major tournament with such difficult preparation yet still manage to compete with sufficient quality and conviction to keep on winning under pressure. This time, after five turbulent, tension-filled sets, the Spaniard emerged after four hours, 19 minutes with a 6-3, 2-6, 5-7, 6-1, 6-2 win over the fourth seed Alexander Zverev and his first French Open title.
By triumphing in Paris, Alcaraz has now mastered every surface at 21 years old, winning on the hard courts of the US Open in 2022, the lawns of Wimbledon in 2023 and now on the red clay here. He is the youngest man in history to win a major on all surfaces, a record previously held by Rafael Nadal at 22 and a feat that has only been achieved by seven players. Now a three-time grand slam champion, he moves level with Arthur Ashe, Andy Murray, Stan Wawrinka and Gustavo Kuerten.
This tournament will also be remembered for Zverev being in the midst of a public trial in Berlin for allegedly physically assaulting his ex-girlfriend, Brenda Patea, who is the mother of their child, Mayla.
The trial opened in Berlin on 31 May, where the court was told that Zverev was accused of pushing and strangling Patea after an argument at a Berlin flat in May 2020. He denied the allegations.
A week later, before his semi-final against Casper Ruud, the lawyers of Zverev and Patea agreed to an out-of-court settlement. The court officially declared no verdict, with no ruling on the allegations and no admission of guilt from Zverev.
After a slow start from both players, Alcaraz, the third seed, took control. He dictated the vast majority of rallies with his forehand and he made use of his all-court game in the swirling wind by peppering Zverev with drop shots and closing down the net. Alcaraz’s level dropped at the beginning of the second set, though, and as he struggled to find his range, Zverev’s improved serving and consistency allowed him to level the set.
Just as Alcaraz seemed to have found his rhythm again, striking the ball sweetly to build a 5-2 third-set lead, Alcaraz’s nerves took over and a composed Zverev rolled through five consecutive games to establish a two-sets-to-one lead.
To his immense credit, Alcaraz immediately shrugged off the third set, responding with an excellent return game to break serve at the start of set four. Having already requested pickle juice to address potential cramping, Alcaraz received a medical timeout at 4-1 in the set for his left leg. After the break, he continued to pound the ball from the baseline, maintaining his momentum to see out the set.
As they stepped up for the final set, tension radiated from both sides of the court. It was Zverev who first succumbed to the moment. While he handed over his service game at 1-1 with four pitiful errors, in the very next game Alcaraz plotted an incredible recovery from 0-40 down, closing out the hold with a spectacular backhand drop-shot winner.
Alcaraz’s miraculous hold for 3-1 included a controversial overrule from the umpire on break point, which the Hawk-Eye line-calling system, used only by television networks, ruled out. The shot, however, was well within Hawk-Eye’s margin of error, meaning it is unclear if the ball was actually out.
With the momentum behind him, Alcaraz refused to let up as he closed out another spectacular triumph. The intention he played with after trailing by two sets to one underlined the difference between the Spaniard, with his two grand slam titles before this match, and Zverev who, at 27, has been chasing his first major win for over half a decade.
“I want to be one of the best tennis players in the world, so I have to give an extra in those moments in the fifth set, I have to show the opponent that I am fresh, I’m like we are playing the first game of the match,” said Alcaraz.
With a third major title in as many years, Alcaraz will leave Paris having further elevated his status in the sport. He continues to establish himself as a winner, no matter his struggles, injuries and sometimes his own turbulent form.
He has again proved that his generational talent is matched by a level of self-belief and big-match temperament that will carry him to even greater victories in the years to come.
An appellate court has ruled that Texas cannot ban books from libraries simply because they mention âbutt and fartâ and other content which some state officials may dislike.
The fifth US circuit court of appeals issued its decision on Thursday in a 76-page majority opinion, which was written by Judge Jacques Wiener Jr and opened with a quote from American poet Walt Whitman: âThe dirtiest book in all the world is the expurgated book.â
In its decision, the appellate court declared that âgovernment actors may not remove books from a public library with the intent to deprive patrons of access to ideas with which they disagreeâ.
It added: âThis court has declared that officials may not âremove books from school library shelves simply because they dislike the idea contained in those books and seek by their removal to prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion.ââ
The appellate courtâs latest decision follows a federal lawsuit filed in 2022 by seven Llano county residents against county and library officials for restricting and removing books from its public circulation.
The residents argued that the defendants violated their constitutional right to âaccess information and ideasâ by removing 17 books based on their content and messages.
Those books include seven âbutt and fartâ books with titles including I Broke My Butt! and Larry the Farting Leprechaun, four young adult books on sexuality, gender identity and dysphoria â including Being Jazz: My Life As a (Transgender) Teen â and two books on the history of racism in the US, among them Caste and They Called Themselves the KKK.
Other books targeted by the ban were In the Night Kitchen, which contains cartoons of a naked child, as well as Itâs Perfectly Normal: Changing Bodies, Growing Up, Sex and Sexual Health, according to court documents.
The books were removed after parents complained, with library officials referring to the books as âpornographic filthâ.
In its majority decision, the overwhelmingly conservative appellate court ordered eight of the 17 books to be returned, including Being Jazz: My Life As a (Transgender) Teen, Caste and They Called Themselves the KKK.
Wiener wrote how a dissenting opinion from the Donald Trump appointee Kyle Duncan âaccuses us of becoming the âLibrary Police,â citing a story by author Stephen Kingâ.
âBut King, a well-known free speech activist, would surely be horrified to see how his words are being twisted in service of censorship,â wrote Wiener, whop was appointed during George HW Bushâs presidency.
âPer King: âAs a nation, weâve been through too many fights to preserve our rights of free thought to let them go just because some prude with a highlighter doesnât approve of them.â Defendants and their highlighters are the true library police.â
Wiener also said that âlibraries must continuously review their collection to ensure that it is up to dateâ and engage in âremoving outdated or duplicated materials ⦠according to objective, neutral criteriaâ.
In a report released last October, the American Library Association found that Texas made the most attempts in the US to ban or restrict books in 2022. In total, the state made 93 attempts to restrict access to more than 2,300 books.
A wave of book banning has also emerged in Florida as part of the culture wars of the Republican governor, Ron DeSantis, on âwokeism,â a term meant to insult liberal values.
In January, a Florida school district removed dictionaries, encyclopedias and other books because the texts included descriptions of âsexual conductâ.
Meanwhile, in 2022, a Mississippi school district upheld the firing of an assistant principal after he read a humorous childrenâs book, I Need a New Butt, to his students.
Alan Hansen, the legendary former Liverpool and Scotland defender, is seriously ill in hospital.
Liverpool confirmed the news on Sunday afternoon and the club are providing support to the family of the 68‑year‑old, who retired in 1991 to begin a hugely successful career as a television pundit.
“The thoughts and support of everyone at Liverpool FC are with our legendary former captain Alan Hansen, who is currently seriously ill in hospital,” a statement read. “The club is currently in contact with Alan’s family to provide our support at this difficult time, and our thoughts, wishes and hopes are with Alan and all of the Hansen family.
“We will provide any further updates as we receive them in due course, and we request that the Hansen family’s privacy is respected at this time.”
Hansen joined Liverpool from Partick Thistle in 1977 and won three European Cups, eight league titles, two FA Cups and three League Cups in 620 appearances for the Anfield club before retiring in March 1991 because of injury.
The man known as “Jockey” also won 26 caps for his country and played at the 1982 World Cup in Spain, having made his international debut in 1979. He is widely recognised as being one of the finest centre-backs of his generation, combining excellent strength, speed and awareness with supreme composure in and out of possession.
After he hung up his boots Hansen became a regular on the BBC, appearing on Match of the Day as well as the broadcaster’s live coverage, establishing himself as a respected and charismatic voice on the game. In that role, however, he is perhaps best known for claiming “you can’t win anything with kids” after Manchester United’s 3-1 defeat against Aston Villa on the opening day of the 1995-96 Premier League season and after Alex Ferguson had fielded a team containing a host of raw, young talent including Gary Neville, Nicky Butt, Paul Scholes and, from the bench, David Beckham. United went on to win the Double that season.
Hansen retired from punditry in May 2014 and has largely lived a quiet life since. He is married and has two children.
Famous for its lush vineyards and cherished local wineries, Napa valley is where people go to escape their problems.
âWhen you first get there, itâs really pretty,â said Geoff Ellsworth, former mayor of St Helena, a small Napa community nestled 50 miles north-east of San Francisco. âIt mesmerizes people.â
What the more than 3 million annual tourists donât see, however, is that Californiaâs wine country has a brewing problem â one that has spurred multiple ongoing government investigations and created deep divisions. Some residents and business owners fear it poses a risk to the regionâs reputation and environment.
At the heart of the fear is the decades-old Clover Flat Landfill (CFL), perched on the northern edge of the valley atop the edge of a rugged mountain range. Two streams run adjacent to the landfill as tributaries to the Napa River.
A growing body of evidence, including regulatory inspection reports and emails between regulators and CFL owners, suggests the landfill and a related garbage-collection business have routinely polluted those local waterways that drain into the Napa River with an assortment of dangerous toxins.
The river irrigates the valleyâs beloved vineyards and is used recreationally for kayaking by more than 10,000 people annually. The prospect that the water and wine flowing from the region may be at risk of contamination with hazardous chemicals and heavy metals has driven a wedge between those speaking out about the concerns and others who want the issue kept out of the spotlight, according to Ellsworth, a former employee of CFL.
âThe Napa valley is amongst the most high-value agricultural land in the country,â he said. âIf thereâs a contamination issue, the economic ripples are significant.â
Employee complaints
Both the landfill and Upper Valley Disposal Services (UVDS) were owned for decades by the wealthy and politically well-connected Pestoni family, whose vineyards were first planted in the Napa valley area in 1892. The Pestoni Family Estate Winery still sells bottles and an assortment of wines, including an etched cabernet sauvignon magnum for $400 a bottle.
The family sold the landfill and disposal-services unit last year amid a barrage of complaints, handing the business off to Waste Connections, a large, national waste-management company headquartered in Texas.
Before the sale, Christina Pestoni, who has also used the last name Abreu Pestoni, who served as chief operating officer for UVDS and CFL, said in a statement that the companyâs operations met âthe highest environmental standardsâ and were in full legal and regulatory compliance. Pestoni is currently director of government affairs at Waste Connections.
In her statement, she accused Ellsworth and âa few individualsâ of spreading âfalse informationâ about CFL and UVDS.
But workers at the facilities have said the concerns are valid. In December of last year, a group of 23 former and then-current employees of CFL and UVDS filed a formal complaint to federal and state agencies, including the US Department of Justice, alleging âclearly negligent practices in management of these toxic and hazardous materials at UVDS/CFL over decadesâ.
The employees cited âinadequate and compromised infrastructure and equipmentâ that they said was âaffecting employees as well as the surrounding environment and communityâ.
Among the concerns was the handling of âleachateâ, a liquid formed when water filters through waste as it breaks down, leaching out chemicals and heavy metals such as nitrates, chromium, arsenic, iron and zinc.
In the complaint, the employees also cited the use of so-called âghost pipingâ, describing unmapped and unquantified underground pipes they said were used to divert leachate and âcompromisedâ storm water into public waterways, instead of holding it for âproper treatmentâ.
Several fires have broken out at the landfill over the last decade and concerns have also been raised about the facilityâs handling of radioactive materials.
Even the âorganic compostâ the UVDS facility generates and provides to area farmers and gardeners is probably tainted, according to the employee complaint, which cites âlarge-scale contaminationâ of the compost.
âThese industrial sites are affecting the environment and residents of Napa Valley,â former UVDS employee Jose Garibay Jr wrote in a 2023 email to Napa county officials. âAlso, the biggest revenue for the wine country could be tremendously affected; the wine industry, tasting rooms, wineries, hotels, resorts, restaurants, and local businesses.â
Pestoni did not respond to a request for comment. Other representatives for CFL, UVDS and Waste Management also did not respond to requests for comment.
âBoth UVDS and [CFL] have no business being in the grape-growing areas or at the top of the watershed of Napa county,â said Frank Leeds, a former president of Napa Valley Grapegrowers who runs an organic vineyard across from the UVDS composting operation. âThere are homes and vineyards all around that are affected by them.â
Leeds co-owns a vineyard near UVDS with his daughter, Lauren Pesch; Pesch said she had deep concerns about water contamination from CFL and has seen pipes from the UVDS property carrying liquid into the creek next to her vineyard.
But the wine industry itself more broadly has not expressed public concern, and when asked for comment about the issues, there were no replies from Napa Valley Grapegrowers, Napa Valley Vintners or California Certified Organic Farmers.
Michelle Benvenuto, executive director of Winegrowers of Napa County, said she was ânot knowledgable enough on the details of this issueâ to comment.
Anna Brittain, executive director of the non-profit Napa Green, a sustainable wine-growing program that lists UVDS as a sponsor, also said she was not aware of concerns about contamination held by any members.
More than a dozen Napa valley vineyards or wineries did not respond to requests for comment or declined to comment.
Toxic PFAS found
Clover Flat Landfill opened in 1963, and together with UVDS provides a range of valuable services to the community, according to the facility websites, including collecting and capturing methane gas to convert to electricity. It provides enough energy to power the equivalent of 800 homes and operates with ânet zeroâ emissions, according to the website.
As previously revealed by the Guardian, the US Environmental Protection Agency (EPA) has listed CFL as one of thousands of sites around the country suspected of handling harmful per- and polyfluoroalkyl substances (PFAS).
After a request from regulators for an analysis of leachate and groundwater samples at the landfill, Pestoni reported to the California regional water quality control board in 2020 that a third-party analysis had found PFAS in all the samples collected.
PFAS are human-made chemicals that donât break down and have been linked to cancers and a range of other illnesses and health hazards. Levels of PFOS and PFOA â types of PFAS considered particularly dangerous â were detected in the landfillâs leachate at many times higher than the drinking-water standard recently set by the EPA.
In early 2023, the San Francisco Bay regional water quality control board sampled a creek downstream from CFL for eight PFAS, identifying multiple PFAS compounds in each sample, according to an email from water board inspector Alyx Karpowicz to Waste Connections.
âThere are detections in the creek of the same compounds detected at the Clover Flat landfill,â Karpowicz informed the company.
When asked about the results, a spokesperson for the water board said the PFAS concentrations in the creek samples were low enough that âchronically exposed biota are not expected to be adversely affected and ecological impacts are unlikelyâ.
The site has racked up a number of regulatory violations and left at least one state investigator worried about âlong-term stream pollutionâ.
In a 2019 report, a California department of fish and wildlife officer determined that the landfill had âseverely pollutedâ both streams that flow through the landfill property with âlarge amounts of earth waste spoils, leachate, litter, and sedimentâ. There was âessentially no aquatic life presentâ, the investigator noted.
Heavy metals also are present in âalarmingly high detectionâ levels at the landfill, said Chris Malan, executive director of the Institute for Conservation Advocacy, Research and Education, a watershed conservation non-profit in Napa county.
Last year, CFL settled a case brought against it by the California Sportfishing Protection Alliance, which said its discharges were harming aquatic life and endangering people who use the Napa River for recreation. CFL agreed to implement new erosion-control measures, and to take action if testing showed contaminants above certain levels, among other measures.
Also in 2023, the state fined it roughly $620,000 for discharging âleachate-ladenâ and âacidicâ water into one of the streams, among other violations.
Last fall, a group of water board officials visited the landfill to hunt down the âghost pipingâ alleged in the worker complaint. They reported in an October 2023 email that they discovered an array of pipes, and a culvert, that require further scrutiny, the email said.
There remains an âongoing investigationâ into environmental concerns tied to CFL and UVDS, according to Eileen White, executive director of the San Francisco Bay regional water quality control board.
Separate from the environmental investigation by state and local officials, the US justice department has issued subpoenas for information from UVDS as well as from more than 20 other companies and individuals in the region. That investigation appears to focus on local political connections and contracts, not environmental concerns.
Little public pushback
Ellsworth, the former mayor, is among a small group of community members who have tried taking their own actions against UVDS and CFL.
In February of 2021, dozens of residents voiced complaints about odors, noise and light pollution from UVDS at a virtual meeting. Some initiated litigation, but were unable to fund an ongoing legal battle and dropped the effort.
Ellsworth maintains that Napa valleyâs wine industry prefers any contamination concerns be kept quiet.
âWe tried to talk to the Napa valley wine industry trade organizations. They completely stonewalled us,â he said. âEverybodyâs afraid to speak up or is too apathetic or doesnât want to see it.â
This story is co-published with the New Lede, a journalism project of the Environmental Working Group
When the Palestinian human rights lawyer Rabea Eghbariah arrived at a Manhattan cafe on Thursday afternoon, he had just learned that his article had been reinstated in the Columbia Law Review. After a weeklong censorship controversy, the prestigious journalâs website was back online, too.
The law school journalâs faculty and alumni board had shuttered the website for most of the week rather than publicize Eghbariahâs 105-page article, titled Toward the Nakba as a Legal Concept. In it, he proposed a new framework to explain the complex, fragmented legal regimes governing Palestinians. He wanted to bring the word Nakba â which translates from the Arabic as catastrophe, and is better known for describing the displacement and dispossession of Palestinians in 1948 â to the center of a new legal conversation.
Wearing a white T-shirt and linen pants and sipping iced coffee, he reflected on an extraordinary week that saw his legal theories â ordinarily the stuff of arcane law school debates â ignite emotive conversations about the legitimate bounds of debate about Israel and Palestine.
Whatâs more, it wasnât the first time his ideas were deemed too dangerous to publish by the Ivy League.
He had worked on his contribution for almost half a year, finding a home for it at the Columbia Law Review after a shorter web piece he had written for the Harvard Law Review had been blocked at the last minute.
He was proud of his scholarship but found it dangerous that the content of his article had become secondary to what he saw as the manufactured controversy of its censorship. âNow, we have to debate about my right to say what I want to say instead of debating about what I actually said,â he told the Guardian.
âI felt convinced by my work if itâs generating this repression,â he said. Ultimately, the story led to headlines in major newspapers, and a PDF of the article was posted widely on social media, getting far more readers than is typical for legal scholarship. âPeople can see through these authoritarian tactics and reject them. The censorship in this case is actually counterproductive.â
When Eghbariah woke up on Monday morning, his article was online. âIt was supposed to be a very exciting moment,â he recalled.
But soon, the journalâs website was inaccessible â âunder maintenanceâ, it said. It turned out the law review board had taken it down. âIt was very alarming that they would go to that extent,â he said.
Eghbariah, a Harvard Law School doctoral candidate, had been splitting his time between Massachusetts and Haifa, Israel, when he formulated the ideas driving his scholarship. He was working for the legal organization Adalah, where he has represented Palestinian clients in the Israeli judicial system â some in Gaza, others in the West Bank or East Jerusalem, still others citizens of Israel. He has worked on a landmark case about Israelâs cyber unit, which works with social media platforms to censor speech, and fought to reunite families separated by these different legal regimes. He realized that each time he and colleagues brought a case forward, they had to figure out which legal framework applied.
It is variegated, by design. âYou have an invisible map in your head where you know what laws to invoke depending on the case,â Eghbariah said, âand this is not intuitive at all.â
Different legal systems apply to Palestinians living under Israeli rule or in neighboring Arab states or elsewhere. âItâs kind of a system of domination by fragmentation,â he explained. âWe become trained in doing these legal gymnastics, and flipping from one framework to the other, without sometimes even reflecting about the nature of this.â
To articulate that fragmentation in his legal research, he realized he needed a new terminology. Just as the genocide convention emerged after the Holocaust, and the word apartheid entered everyday speech amid South Africaâs systemized segregation, Eghbariah was finding that analogies to other seemingly comparable situations were insufficient. In the article, he argues that the term Nakba, in use by Palestinians for decades, encapsulates the layered and overlapping legal entanglements of Palestinian life in the absence of self-determination.
The Nakba of 1948, he says, is not a historical artefact. His grandparents survived the Nakba and it informs Eghbariahâs research. Like many Palestinian scholars, he views Israelâs war on Gaza as part of a continuing Nakba to destroy Palestinian life on the land Israel seeks to control. âItâs an organic framework that has been developed in Palestine to reference the ramifications and ongoing nature of the Nakba of 1948,â Eghbariah said. âWhat the genocide moment and discourse did to that is that it actually made me think about it in legal terms.â
The article lays out the concept, and as he develops the idea further in his dissertation, he hopes it could have practical ramifications for outstanding disputes over matters like Palestinian property rights and the status of refugees. This is how laws in the US have often developed: scholars put out a new approach in a law review, practitioners try it out, and it can lead to case law or legislative efforts. âThose ideas get refined in the process,â Diala Shamas, an attorney with the Center for Constitutional Rights, told the Guardian. âItâs provocative, and itâs exactly what scholarship should be doing. Itâs exactly what Palestinian scholars need to be doing.â
After Hamasâs 7 October attack on Israel and amid Israelâs military campaign against Palestinians in Gaza, the student editors at the Columbia Law Review contacted Eghbariah. No Palestinian author had previously contributed to the journal.
His draft went through âat leastâ five edits, he says, with extensive feedback from about a dozen editors at the student-run journal, as he added 427 footnotes to the piece. But in early June, on the eve of the articleâs publication, the publicationâs alumni and faculty board urged the student editors to postpone Eghbariahâs piece or pull it from the journal entirely.
Student editors told the Intercept that the article had been extensively vetted according to procedure. Some, however, âexpressed concerns about threats to their careers and safety if it were to be publishedâ, the Associated Press reported. The students went ahead with publication against the boardâs wishes. The board said in a statement published when it restored the website that it had âreceived multiple credible reports that a secretive process was used to editâ the article, and that was its reasoning for taking the journal offline.
Jameel Jaffer, director of the Knight First Amendment Institute at the university, wrote that ânuking the website is a drastic, extraordinary step that requires much more justification than has been supplied by the directors thus farâ.
The board never spelled out why it pulled the piece, beyond what it called an opaque editorial process â a description the student editors disputed. But for non-scholarly audiences, Eghbariahâs word choice may have seemed inflammatory. In the piece, he defines Zionism as inextricable from the Nakba and builds on the legal scholarship of apartheid and genocide. Its table of contents was itself arguably provocative, with the header âZionism as Nakbaâ.
It echoed another episode from November, when the Harvard Law Review blocked publication of an earlier version of the article that it had commissioned from Eghbariah, after the law review president reportedly expressed safety concerns tied to the piece. That version of the piece later appeared in the Nation magazine.
âWhat is so scary about Palestinians having the right to narrate their own realities?â Eghbariah said. Student-run law review journals rarely if ever hear from their outside boards. âItâs unprecedented to even interfere in editorial processes,â he said. There have been no substantive or factual contestations of the claims of the Columbia Law Review article.
One of Eghbariahâs advisers at Harvard Law School is the prominent academic Noah Feldman, author of the new book To Be a Jew Today. He has called Eghbariah âone of the most brilliant students Iâve taught in 20 years as a law professorâ. He declined to provide comment on the law review article, but said he âcertainlyâ stood by his assessment of Eghbariahâs talents.
Eghbariah hopes the fracas around his article could bring more attention to the violence against Palestinians and what he describes as a genocidal campaign.
âThere is a continuum between the material reality in Gaza and shutting down these debates,â he said. âTheyâre not separate issues.â