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Federal Court Permanently Bars Prince George’s County, Maryland, Tax Preparers from Preparing Tax Returns for Others

Two federal judges in separate cases entered orders permanently barring Marvin Binion Sr., his son Marvin Binion II, Binion Sr.’s ex-wife Tonya Hubbard and her firm Universal Tax Service LLC from preparing tax returns for others.



  • OPA Press Releases

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Court Issues Order Barring Michigan Tax Preparer from Preparing Federal Tax Returns for Others

The U.S. District Court for the Eastern District of Michigan has issued an order permanently barring Nataki Davis, (formerly known as Nataki Barnes), a Southfield, Mich., tax preparer, from preparing federal tax returns for others for a period of five years, the Justice Department announced today.



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Court Bars South Carolina Tax Return Preparer from Preparing Returns for Others

The Justice Department announced today that a federal district judge in Charleston, S.C. permanently barred Stacy Middleton from preparing federal income tax returns for others.



  • OPA Press Releases

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Justice Department Files Suit to Stop San Diego Man from Preparing Tax Returns

The Justice Department announced today that the United States has filed a civil injunction suit against Michael I. Turner, of San Diego to stop him from preparing federal tax returns.



  • OPA Press Releases

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Department of Justice Reaches Agreement to Improve Conditions at St. Tammany Parish Jail in Louisiana

The Justice Department announced today that it has entered into a comprehensive agreement with the Parish of St. Tammany, La., and the St. Tammany Parish Sheriff to correct conditions of confinement at the St. Tammany Parish Jail and to ensure that improvements made since the Department’s investigation will be maintained.



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Federal Court Permanently Bars Texas Tax Preparer from Preparing Tax Returns for Others

The Justice Department announced today that a federal court has permanently barred Nina Thompson Price from preparing federal tax returns for others.



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North Carolina Woman Sentenced for Preparing False Tax Returns and Identity Fraud

The Justice Department and the Internal Revenue Service (IRS) announced that yesterday Leslie Louise Brewster of Durham, N.C. was sentenced to serve 70 months in federal prison for crimes related to preparing false tax returns and identity fraud.



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Tennessee Federal Court Bars the Owners of Mo’ Money Taxes from Owning, Operating, Licensing or Franchsing a Tax Return Preparation Business and Preparing Tax Returns for Others

A federal court in Memphis, Tenn., permanently barred the owners of Mo’ Money Taxes, Markey Granberry and Derrick Robinson, as well as a former Mo’ Money manager, Eumora Reese, from preparing tax returns for others and owning or operating a tax return preparation business, the Justice Department announced today.



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Federal Court Bars Kansas City, Mo., Man from Preparing Tax Returns for Others

The Justice Department announced today that a federal district judge in Kansas City, Mo., permanently barred Mark Steven Hall from preparing federal income tax returns for others.



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Chicago Lawyer Permanently Barred from Promoting Tax-Fraud Schemes and Preparing Related Tax Returns

A federal court has permanently barred Gary J. Stern from promoting tax fraud schemes and from preparing related tax returns, the Justice Department announced today.



  • OPA Press Releases

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Former Jefferson Parish Sheriff’s Deputy Pleads Guilty to Civil Rights, Bank Fraud and Aggravated Identity Theft Violations

Former Jefferson Parish Sheriff’s Deputy Mark Hebert, 48, pled guilty today to one civil rights violation, five bank fraud violations and one aggravated identity theft violation, announced Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division, U.S. Attorney Kenneth A. Polite Jr. for the Eastern District of Louisiana, Special Agent in Charge Michael J. Anderson of the FBI New Orleans Field Office and Sheriff Newell Normand from the Jefferson Parish Sheriff’s Office.



  • OPA Press Releases

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Justice Department Files Lawsuit to Stop Tennessee Woman from Preparing Tax Returns

The Department of Justice filed a civil lawsuit in a federal court in Memphis today to stop Stephanie Edmond and her businesses, the Tax Factory and Tax Factory Enterprise Inc., from preparing federal income tax returns.



  • OPA Press Releases

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Justice Department Sues to Stop Somerville, N.J., Man from Preparing Tax Returns

The United States filed a lawsuit yesterday in The District of New Jersey to bar Eric Majette of Somerville, N.J., from preparing federal tax returns, the Justice Department announced today.



  • OPA Press Releases

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Justice Department Files Lawsuit to Stop Tennessee Man from Preparing Tax Returns

The Department of Justice filed a civil lawsuit today in Memphis federal court to stop Grady Smith, who does business as One Price Refunds, from preparing federal tax returns.



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Court Prohibits S.C. Tax Return Preparer from Preparing Returns for Others

A federal district judge in Charleston, S.C., has permanently barred Jessica Geddis, of Summerville, S.C., from preparing federal income tax returns for others, the Justice Department announced today.



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Four Minneapolis-based Return Preparers Indicted for Conspiracy, Aggravated Identity Theft, Preparing False Returns

A 63-count superseding indictment charging Chatonda Khofi, Ishmael Kosh, Amadou Sangaray and Francis Saygbay in a conspiracy to defraud the Internal Revenue Service (IRS) was unsealed on Monday, December 23, in Minneapolis, Minn.



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Alabama Tax Preparer Indicted for Preparing False Returns for Clients

Russell Burroughs, a resident of Montgomery, Ala., was indicted on 33 counts of filing false tax returns, Assistant Attorney General Kathryn Keneally of the Justice Department's Tax Division and U.S. Attorney George L. Beck Jr. for the Middle District of Alabama announced today.



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Justice Department Sues to Stop Florida Tax Return Preparer from Preparing Federal Tax Returns for Others

The United States has asked a federal court in Fort Lauderdale, Fla., to permanently bar Keisha Stewart and her company, Professional Tax Services Inc., from preparing federal tax returns for others, the Justice Department announced today.



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Court Bars N.C. Tax Return Preparer from Preparing Returns for Others

Today, a federal court in the Eastern District of North Carolina permanently barred Sharon D. Rhodes and her businesses, R&S Freedom Tax Service and Changing Faces Annoited Tax Services, from preparing tax returns for others.



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Justice Department Files Lawsuit to Stop Delaware Woman from Preparing Tax Returns

The Department of Justice filed a civil lawsuit in the federal court in Delaware today to enjoin Carmen J. Martinez and her business, CJM Bookkeeping and Taxes LLC, from preparing federal tax returns.



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Justice Department Files Lawsuit to Stop Tennessee Man from Preparing Tax Returns

The Department of Justice filed a civil lawsuit today in the federal court in Nashville, Tenn., to stop Gilberto Cortes and his business, Mundo Hispano Services, from preparing federal tax returns.



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Staten Island, N.Y., Tax Preparer Sentenced to Prison for Preparing False Tax Returns

Ranti Azeez-Taiwo of Staten Island, N.Y., was sentenced to serve 18 months in prison to be followed by one year of supervised release, the Justice Department and Internal Revenue Service (IRS) announced today.



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Owner of Tax Preparation Business in Washington, D.C., Indicted for Conspiring to Defraud the Internal Revenue Service and Preparing False Individual Income Tax Returns

On Feb. 26, 2014, a federal grand jury sitting in the District of Columbia returned a 17 count indictment charging Sherri Davis for conspiring to defraud the Internal Revenue Service (IRS), aiding and assisting in the preparation of false individual income tax returns and filing false individual income tax returns, the Justice Department and IRS announced following the unsealing of Davis’ indictment today.



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Queens, N.Y., Tax Return Preparer Indicted for Preparing False Tax Returns

Williesteina Jacobs was indicted in the Eastern District of New York on March 21, 2014, and charged with 27 counts of aiding in the preparation of false returns, the Justice Department and Internal Revenue Service announced today following her arrest.



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Justice Department Files Lawsuit to Stop Las Vegas Man from Preparing Tax Returns

The Department of Justice filed a civil lawsuit today in the U.S. District Court for the District of Nevada to stop Bill Sunga Modina, who allegedly does business as 5M Financial and 6M Financial, from preparing federal tax returns.



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Justice Department Files Lawsuit to Stop Pennsylvania Man from Preparing Federal Tax Returns

The United States filed a civil lawsuit today in Pittsburgh federal court to permanently bar Larry E. Snow, of Seward, Pa., from preparing federal tax returns for others, the Department of Justice and Internal Revenue Service announced today.



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Certified Public Accountant Convicted of Preparing False Returns

A federal jury convicted certified public accountant Jeffery Deshon Applewhite, aka Jeffrey Donald Mason, a resident of Los Angeles County, California, of 20 counts of aiding and assisting the preparation and presentation of false tax returns late yesterday.



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Court Stops San Diego Man from Preparing Tax Returns

A federal judge in California has permanently barred Michael I. Turner, of San Diego, from preparing federal tax returns for others, the Justice Department announced today.



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Former Virginia Department of Social Services Employee Sentenced for Preparing False Tax Returns and Stealing Identities

Sybil Marshall Coles, 45, of Pamplin, Virginia, was sentenced today to serve five years in prison for aggravated identity theft and preparing a false tax return.



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Court Bars Miami Tax Return Preparers from Preparing Returns for Others

A federal district judge in the U.S. District Court for the Southern District of Florida permanently barred Lazaro Jesus Toyos and his daughter Dilma Carida Garcia, aka Dilma Toyos Garcia, and their respective companies, L. Toyos Tax Service Inc. and Toyos Garcia Tax Service Inc., from preparing federal income tax returns for others, the Justice Department announced today



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BNP Paribas Agrees to Plead Guilty and to Pay $8.9 Billion for Illegally Processing Financial Transactions for Countries Subject to U.S. Economic Sanctions

According to court documents submitted today, BNP Paribas S.A. (BNPP), a global financial institution headquartered in Paris, agreed to enter a guilty plea to conspiring to violate the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act (TWEA) by processing billions of dollars of transactions through the U.S. financial system on behalf of Sudanese, Iranian, and Cuban entities subject to U.S. economic sanctions



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Court Prohibits Mississippi Tax Preparer from Preparing Tax Returns for Others

A federal court has permanently barred Kavivah Branson, aka Kavivah Bradley, of Clinton, Mississippi, and her Jackson, Mississippi, business, Branson Tax Service, from preparing federal tax returns for others, the Justice Department announced today. The civil injunction order, to which Branson consented, was signed by Judge Tom S. Lee of the U.S. District Court for the Southern District of Mississippi



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Departments of Justice and Education Reach Settlement Agreement with Jefferson Parish Public School System Ensuring Equal Access and Non-Discrimination in Schools

The Departments of Justice and Education announced today that they have reached a comprehensive agreement with the Jefferson Parish Public School System in Louisiana (JPPSS) to ensure that all students can enroll in school regardless of their own national origin or immigration status, or that of their parents or guardians. The agreement also resolves complaints regarding JPPSS’ policies and practices for communicating with parents who have limited English proficiency (LEP) and JPPSS’ response to alleged harassment of Latino students based on their national origin



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BNP Paribas Pleads Guilty to Conspiring to Violate U.S. Economic Sanctions in Manhattan Federal Court

BNP Paribas S.A. (BNPP), a global financial institution headquartered in Paris, pleaded guilty today before U.S. District Judge Lorna G. Schofield in the Southern District of New York to a one-count information charging the bank with conspiring to violate the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act (TWEA), for its role in processing billions of dollars of U.S. dollar transactions through the U.S. financial system on behalf of Sudanese, Iranian, and Cuban entities subject to U.S. economic sanctions from 2004 through 2012



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Justice Department Sues to Stop Chicago Man from Promoting Alleged Tax Scheme and Preparing Tax Returns

The United States filed a complaint today to bar Victor M. Crown, individually and through his businesses Crown and Franklin Accounting and Refunds, Crown-Franklin Accounting Inc., Accurate Accounting PV, and Lourdes Theodossis Estate, from promoting two alleged tax fraud schemes and from preparing federal tax returns for others, the Justice Department announced



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$80 Million Judgment Entered Against BNP Paribas for False Claims to the U.S. Department of Agriculture

The Department of Justice announced today that an $80 million False Claims Act judgment was entered against BNP Paribas for submitting false claims for payment guarantees issued by the U.S. Department of Agriculture (USDA).



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Federal Court Bars Missouri Man from Preparing Federal Tax Returns

A federal court has permanently barred William Naes of St. Charles, Missouri, from preparing federal tax returns for others, the Justice Department announced today. The permanent injunction order, to which Naes consented, was entered by U.S. District Judge E. Richard Webber of the U.S. District Court for the Eastern District of Missouri



  • OPA Press Releases

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Justice Department Sues to Stop Chicago-Area Woman and Her Businesses from Preparing Tax Returns

The United States filed a complaint in federal court in Chicago to bar Laurie G. Helfer, aka Laurie G. Powell, individually and through her businesses Laurie’s Freelance & Tax Preparation Services and Tax Lady Laurie Inc., from preparing federal tax returns for others, the Justice Department announced today



  • OPA Press Releases

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Federal Court Bars Louisiana Woman from Preparing Federal Tax Returns

A federal court in New Orleans has permanently barred Shawanda Nevers, of La Place, Louisiana, from preparing federal income tax returns for others, the Justice Department announced today.



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Court Bars Florida Tax Return Preparer from Preparing Returns for Others

A federal district judge in the U.S. District Court for the Middle District of Florida has permanently barred Jeanne Covington, of Tampa, Florida, and her company, Jeanne’s Tax Preparation and Bookkeeping Inc., from preparing federal income tax returns for others.



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Preparing for Pricing in DTC TV

UPDATE 2: On August 21, 2019, the government filed a notice of appeal in this case.

UPDATE: On July 8, 2019, the judge in the pending litigation described below issued an order setting aside the CMS rule. The full opinion is available here.

If nothing changes, the new rule about including drug pricing in TV ads from CMS will go into effect one week from today on July 9, 2019.

There are a few wrinkles to keep in mind as we approach this deadline. First, there's a lawsuit pending that could delay the rule's implementation. Second, the operational challenges of abiding by the rule are the biggest hurdle including the expanded 2253 filing requirements. Third, the rule's scope is still unclear. Fourth, the rule doesn't preclude or preempt the PhRMA Principles change from April. Finally, the overlapping but non-identical scope of the rules could lead to some confusion and compliance hiccups. This post addresses each of these points in turn.

Pending Litigation

As I noted in a previous post, several pharmaceutical companies along with the Association of National Advertisers filed a complaint seeking to overturn the CMS rule. The full complaint is available here. The plaintiffs have filed a motion to stay the rule's implementation, and the judge has set a date of July 8 for issuing a decision. So, it is possible that companies will not actually be required to include their drug pricing in TV spots on July 9; however, as a practical matter, companies airing spots on July 9 and soon thereafter have most likely already developed them with the required pricing information included. 

All promotional materials for prescription drugs, biologics, and vaccines must be submitted to the FDA at time of initial dissemination or publication, so the FDA has most likely already begun receiving submissions of TV spots that include the information, and it is unlikely that a company would go to the time and expense of producing two versions of their TV spots (one with the pricing and one without) and submit both the FDA, only to determine on July 8 which spot to air the next day. Consequently, even if the judge issues a stay on the rule, there's a good chance that you'll see at least a few TV spots featuring pricing on July 9.

And that points to one of the issues the rule raises: operational challenges.

Operational Challenges 

Adding a line of copy to a TV ad is not a massive creative endeavor, and because the rule only requires the copy to appear on screen for a long enough time to be read, there are no audio implications, but the CMS rule requires that the pricing information presented is kept up to date. Specifically, the new rule requires that the pricing information provided be:
"as determined on the first day of the quarter during which the advertisement is being aired or otherwise broadcast." 42 CFR 403.1202 (not yet live on the code of federal regulations itself).

That means the pricing information must potentially be updated every quarter. Of course, most companies don't change their drug pricing quarterly, but it is common to have pricing updates twice per year. So, every time a company changes its pricing, it will have to determine what ads are currently airing and whether the pricing updates affect those ads. If the pricing changes affect the ads, then the ads will have to be updated. An updated TV ad both means an expense for the advertiser, but it also means a new 2253 filing with the FDA because updated materials must be resubmitted to the Agency.

And that means that the media buyers placing the ads will have one additional wrinkle to keep in mind as they manage the ad placements. They'll need to make sure that as new pricing comes into affect and ads are updated that the old ads are removed from the rotation, lest they be placed on CMS's naughty list.

That operational challenge is compounded by the fact that the scope of the rule is unclear, so it's not currently possible to say exactly what ads must include drug pricing.

Rule Scope Unclear

As I noted in a previous post, CMS made it clear that the requirement to include pricing does not apply to ALL direct to consumer (DTC) ads, but only to a limited subset of DTC ads. Specifically, the new requirement applies to only ads that appear on broadcast, cable, satellite, and streaming television. Unfortunately, CMS never explained what "streaming television" is. I tried to find a definition somewhere but wasn't able to do so. This matters because there are tons of DTC video ads that MIGHT be considered subject to the rule that are definitely not presented on "broadcast, cable, or satellite television."

Because of this scope unclarity, the operational challenges of managing ad inventory is compounded, and of course, companies must decide how to handle ads that are used on television when they appear in places where the pricing information is not required. It would certainly be easier to develop a version of the ad that doesn't require quarterly updates, but it also is easier to traffic fewer total ad units.

CMS Rule Adds to (Doesn't Replace) PhRMA's Pricing Requirements

The Pharmaceutical Research and Manufacturers of America (PhRMA) updated its Guiding Principles on Direct to Consumer Advertisements about Prescription Medicines in October of 2018. The most significant change was the addition of a requirement for television ads to include a destination where people can find pricing information about the prescription drug being advertised. This requirement became operative in April of 2019. All members of PhRMA are obligated to follow the PhRMA guiding principles, and most companies that are not members of PhRMA also abide by the guiding principles. Consequently, almost all television commercials currently airing include a link to a webpage with pricing information.

Adhering to the CMS rule does NOT meet the PhRMA guiding principles. Consequently, most companies will be providing both a link to a page with additional information and the pricing information required by CMS. We'll see how companies execute this, but my expectation is that a single screen at the end of a television commercial will accommodate both pieces of information.

Of course, not all ads are required to include both pieces (or even either piece!) of information.

Non-identical Overlapping Scopes

The new CMS rule applies to all advertised indications of a pharmaceutical product that are reimbursed via Medicare or Medicaid and whose cost is at least $35 per month (or for a typical course of treatment). 42 CFR 403.1200. Note that some drugs have multiple indications, where only some of the indications are reimbursed by CMS. For those products, only the ads that promote an indication reimbursed by CMS are required to include the pricing information; and only if the drug's list price is at least $35 per month (or for a typical course of treatment).

By contrast, the PhRMA guiding principles apply to all ads for prescription medicines regardless of whether the drug is reimbursed by CMS and regardless of the cost. Of course, the guiding principles are only binding on members of PhRMA and any non-member companies that have chosen to abide by the guiding principles.

TL;DR

Some commercials (but we don't know exactly which ones) might start having pricing information in one week. The addition of this information is allegedly going to address the allegedly high price of prescription drugs. The only guaranteed aspect of the recent changes from PhRMA and CMS is that marketing and regulatory operations groups are going to have challenges ensuring ongoing compliance, and the FDA is about to start getting more 2253 filings, including a likely surge of revised television spots in the next few days.




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Despite sales bump, brands that are not preparing for stormy seas ahead could struggle, consultant says

The dietary supplement industry as a whole is enjoying booming sales as consumer stock up on products to support optimum health. But an industry strategist warns that that sales bump is likely to be ephemeral, and brands that are not strategizing vigorously now may be caught out in the near future.




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Comparing outcomes of SMP and Miniperc




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Exploring the cost-effectiveness of child dental caries prevention programmes. Are we comparing apples and oranges?




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Why the U.S. Withdrawal from the Paris Climate Accord is a Mistake

The authors explain why the Trump administration's reiteration of its intent to finalize U.S. withdrawal from the Paris Agreement is a tragic mistake that will weaken us as a nation.




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Why the U.S. Withdrawal from the Paris Climate Accord is a Mistake

The authors explain why the Trump administration's reiteration of its intent to finalize U.S. withdrawal from the Paris Agreement is a tragic mistake that will weaken us as a nation.




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Why the U.S. Withdrawal from the Paris Climate Accord is a Mistake

The authors explain why the Trump administration's reiteration of its intent to finalize U.S. withdrawal from the Paris Agreement is a tragic mistake that will weaken us as a nation.




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Modeling and comparing central and room air conditioning ownership and cold-season in-home thermal comfort using the American Housing Survey




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Comparisons of simple and complex methods for quantifying exposure to individual point source air pollution emissions




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Solid fuel use and early child development disparities in Ghana: analyses by gender and urbanicity