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SAN DIEGO (CNS) - The Center for Biological Diversity and Endangered Habitats League filed a joint petition Monday to protect Quino checkerspot butterflies -- now found only in southern San Diego County and southwestern Riverside County in the United States -- under the California Endangered Species Act.The petition, filed with the California Fish and Game Commission, notes that the Quino checkerspot was once one of the most common butterflies in Southern California. But with the rapid spread of urban sprawl, the butterfly has lost more than 75% of its historic habitat and in 1997 was listed as endangered under the federal Endangered Species Act."It's alarming that a butterfly that once filled the skies of Southern California is now only found in pockets of its former range," said Dr. Tara Cornelisse, an insect scientist at the Center for Biological Diversity. "Even more alarming is that some of those few critical patches of remaining habitat are slated to be developed. With insects declining at a frightening rate, we need to protect more habitat for endangered butterflies, not allow it to be carved up piece by piece."The Center for Biological Diversity is an Arizona-based nonprofit organization known for its work protecting endangered species through legal action and scientific petitions. The Endangered Habitats League is a similar organization focused specifically on Southern California.Despite federal protection, the Quino checkerspot butterfly remains at risk due to continued habitat destruction and fragmentation, climate change, nitrogen pollution, invasive species and lack of enforced protections, a statement from the center said.In the past decade, the butterfly has only been observed in 33 of 62 historic sites and only inhabits patches of southern San Diego and southwest Riverside counties, according to the center.It is a subspecies of the Edith's checkerspot butterfly and is distinguished by its checkerboard pattern of white and orange spots on its black wings.According to the activists, several major development projects totaling more than 6,500 acres and President Donald Trump's planned border wall could negatively impact the butterfly's remaining habitat."By first decreasing the butterfly's designated critical habitat and then allowing large-scale development projects within its few remaining strongholds, the Trump administration has failed to protect this endangered butterfly," said Dan Silver, petition coauthor and executive director of Endangered Habitats League. "To have a chance at surviving rampant development and other threats like climate change and invasive species, the Quino checkerspot butterfly urgently needs California state protection."Under the California Endangered Species Act, the California Department of Fish and Wildlife has three months to make an initial recommendation to the Fish and Game Commission, which will then vote on the petition at a public hearing. If the Quino checkerspot butterfly wins protection under the act, the state can enact its own protections. 3058

SAN DIEGO (CNS) - San Diego Gas & Electric is requesting that the California Public Utilities Commission waive a state-mandated high usage fee that affected some 105,000 SDG&E customers during the summer months, the utility announced Tuesday.According to SDG&E, the fee causes electricity bills to spike during months when energy use is higher than normal. Customers who used more than 400 percent of their baseline allowance were charged for their high usage and could have saved roughly per month if they had not been charged. The utility have saved roughly per month if they had not been charged.``It was a challenging summer for our customers, particularly for people who experienced dramatic increases in their bills due, in part, to the high usage charge,'' said Scott Crider, SDG&E's vice president of customer services. ``We're committed to doing everything we can to develop proposals that provide some relief to high bills, and we're starting with requesting to eliminate this charge.''RELATED: San Diego Gas & Electric address high power billsSDG&E is also considering eliminating seasonal pricing, paying out the California Climate Credit as a lump sum in August to offset high energy use during summer and conducting a revised baseline allowance study. Those three changes in accordance with the elimination of the high usage fee would deliver significant cost savings to utility customers, according to the company.SDG&E doesn't know when the commission may rule on the request, but the company hopes to get rid of the high usage charge before summer 2019.Residents can also avoid high usage charges by enrolling in one of the utility's time-of-use pricing plans at sdge.com/whenmatters. 1741

SAN DIEGO (CNS) - The county's flu death toll inched closer to 70 last week, while lab-confirmed flu cases continued to decline, the county's Health and Human Services announced today.The county received one report of a flu-related death last week, a 74-year-old North County man who had additional medical issues. County health officials did not disclose whether he had received this flu season's vaccine. The county's flu death toll now sits at 68.The county confirmed 86 flu cases last week, down from 114 cases during the prior week. Confirmed flu cases have declined for six consecutive weeks since reaching a season-high of 692 in mid-March. County health officials have now confirmed 9,373 flu cases to date this season."Flu activity in the region continues to wane, but it is still elevated for this time of year,'' said Dr. Wilma Wooten, the county's public health officer.While flu season appears to be wrapping up, county health officials and the Centers for Disease Control and Prevention still strongly advise the annual flu vaccination for everyone 6 months and older, especially in demographics with a heightened risk of serious complications, such as pregnant women, people older than 65 and people with chronic conditions.Flu shots are available at doctors' offices, retail pharmacies, community clinics and the county's public health centers. Residents also can call 211 or visit the county's immunization program website, sdiz.com, for a list of county locations administering free vaccines. 1518

SAN DIEGO (CNS) - The city of San Diego obtained a preliminary injunction Tuesday against grocery delivery company Instacart, in the wake of a judge's ruling that the company misclassified its employees as independent contractors.San Diego County Superior Court Judge Timothy Taylor's ruling stems from a lawsuit brought by San Diego City Attorney Mara Elliott, who alleged Instacart was evading providing its "shoppers" with worker protections like minimum wage and overtime pay by classifying them as independent contractors rather than employees.In the ruling, which was issued Feb. 18, but not formally served to the parties until this week, Taylor agreed with the City Attorney's Office's assertion that Instacart would not be able to show its workers should be classified as independent contractors.RELATED: San Diego Instacart shoppers upset over service’s pay changesThe judge cited a state Supreme Court ruling in the case of Dynamex Operations West Inc. v Superior Court, which outlines an "ABC" test for determining whether a worker is an employee, a classification that applies if the person performs a core function of the business, is not free from its control, or is not engaged in an independently established trade, occupation or business.Taylor wrote that Instacart would likely be unable to satisfy any of the test's three conditions.The judge also wrote that the city's litigation against Instacart was in line with other recent, related decisions, including the recent passage of AB 5, which gives greater labor protections to workers classified as employees."The policy of California is unapologetically pro-employee (in the several senses of that word). Dynamex is explicitly in line with this policy," Taylor wrote. "While there is room for debate on the wisdom of this policy, and while other states have chosen another course, it is noteworthy that all three branches of California have no spoken on this issue."The Supreme Court announced Dynamex two years ago. The decision gave rise to a long debate in the legal press and in the legislature. The legislature passed AB 5 last fall. The governor signed it. To put it in the vernacular, the handwriting is on the wall."Instacart plans to appeal the decision, which the company said would not affect its operations in San Diego, due to a temporary stay of enforcement during the appeals process."We disagree with the judge's decision to grant a preliminary injunction against Instacart in San Diego," Instacart said in an emailed statement. "We're in compliance with the law and will continue to defend ourselves in this litigation. We are appealing this decision in an effort to protect shoppers, customers and retail partners. The court has temporarily stayed the enforcement of the injunction and we will be taking steps to keep that stay in place during the appeals process so that Instacart's service will not be disrupted in San Diego."Elliott's office touted the ruling as a victory for worker protections."This landmark ruling makes clear that Instacart employees have been misclassified as independent contractors, resulting in their being denied worker protections in which they are entitled by state law. We invite Instacart to work with us to craft a meaningful and fair solution" Elliott said."This decision is also a warning to other companies to do right by their employees. As the court said, `The handwriting is on the wall.' California has had two years since the Supreme Court's Dynamex decision to distinguish between a contactor and an employee. Everyone, not just Instacart, must live up to their legal responsibilities; they cannot ignore the significance of what occurred here." 3686

SAN DIEGO (CNS) - San Diego State University will not begin any of its fall sports earlier than Sept. 26 due to the ongoing pandemic, the university's athletics department announced Thursday.This follows guidance from the Mountain West Conference Board of Directors, which decided Wednesday to adjust conference team schedules to allow additional monitoring of ongoing COVID-19 developments and adjustments to keep student-athletes safe.The SDSU Aztecs football team will shrink its schedule to 10 games and most other fall sports will only play conference opponents."The Mountain West athletic directors and the conference office worked hard to develop a game plan for fall sports that will allow student- athletes to have a great experience and take in to account their health and well-being," said SDSU Director of Athletics John David Wicker. "Starting the season later allows us the opportunity to learn from professional sports and other conferences and continue to develop the best protocols possible to ensure the safest return to play model possible."The conference and school schedules align with the NCAA Board of Governors' directions, also released this week. The fall season will also continue to be evaluated in the context of the virus on campuses and within communities, and will be subject to directives from local, state and federal leaders."Should further modifications become necessary, including delay or cancellation of competition, the MW Board of Directors is prepared to do so," a conference statement said.The football team, coming off a 9-3 season including a blowout bowl win against Central Michigan, is also dealing with a new but familiar head coach.Head Coach Brady Hoke coached the Aztecs for the 2009 and 2010 seasons. He took over for Rocky Long in the offseason."It is exciting to get some positive news about a football season, but the safety and health is the first thing," Hoke said in a statement. "It gives us an opportunity to make sure our protocols are in place for the safety and health of the student-athletes, the staff, the athletic trainers and everyone associated with the program. We will continue to be smart as coaches and players on how we proceed."The SDSU cross country team is still awaiting an evaluation of its schedule. The men's soccer team -- which competes in the Pac-12 -- will compete in conference-only play, as will the women's soccer and volleyball teams, which both compete in the Mountain West.All Aztec fall competition in the sports of men's and women's golf, men's and women's tennis, swimming and diving, indoor track and field, softball and baseball have been canceled."The health and well-being of our students, student-athletes, coaches, staff and overall communities remain the first and foremost priority," said Mary Papazian, president at San Jose State University and chair of the Mountain West board. "The modified fall structure supports the measures being taken by each of our institutions to ensure responsible return to play. We will continue to gather the best medical information available and lean on advice from public health professionals as well as state and local officials as we make decisions and necessary adjustments in the future." 3238

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