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Thanks to El Niño, this summer will be a scorcher—11

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Get ready for a hot summer because it looks like it’s going to be a real scorcher this year. The National Oceanic and Atmospheric Administration (NOAA) has recently revealed that the weather phenomenon El Niño has formed. Associated with hotter temperatures, El Niño may lead to one of the hottest summers on record. In fact, the state of Texas is already experiencing dangerous, oppressive heat with no end in sight. Whether you’re a resident of the Lone Star state or somewhere else in the states, we’re here to share everything you need to know about El Niño, as well as provide plenty of ways to beat the heat all season long. 

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Put simply, El Niño is when equatorial winds weaken and cause warm water from the Pacific to be pushed east toward the west coast of the United States. The result is a season in which the northern U.S. and Canada are dryer and warmer than usual while the Gulf Coast and Southeast are wetter than usual. 

►Related: ‘Oppressive’ and ‘unbearable’ heat wave scorches Texas, with no end in sight 

El Nino can make storms that originate in the central and eastern Pacific stronger while making those from the Atlantic weaker. Essentially, the west coast may see the formation of more hurricanes than usual, while the east coast may experience fewer hurricanes. 

A water bottle and pitcher

With increased temperatures comes the risk dehydration, which can cause symptoms ranging from fatigue to dizziness. To prevent dehydration, you should drink lots of water throughout the day. One way to do this is by using a water bottle such as our favorite, the Brita Filtering Water Bottle, which opens with one hand, keeps water cool for 24 hours and filters odors. If you’d like a supply of chilled water throughout the day, you could fill a pitcher of water instead and keep it in your fridge. Brita has you covered here, too, as they sell our favorite filter pitcher, the Brita Everyday, which features fast filtration and several filter options. 

$31 at Amazon

$28 at Amazon

An ice cream maker

One of the most fun and delicious ways to cool off is by making your own ice cream (lactose intolerance notwithstanding). Whether your sweet tooth is calling for chocolate, French vanilla, or Superman, our favorite ice cream maker, the Ninja Creami will satisfy your needs. This ice cream maker is easy to use, can handle frozen chunks of fruits and makes frozen treats quickly. If you want something less expensive, we recommend our value pick, the Cuisinart ICE-21 1.5 Quart. While this ice cream maker is a bit slower and has a smaller capacity, the Cuisinart is still easy to use and makes delicious ice cream all the same. 

$230 at Amazon

$50 from Amazon

A fan

Fans provide a low-cost way to keep yourself cool in the summer months. If you’re looking for a quality fan, look no further than the best fan we’ve tested, the Vornado 660. This fan is powerful despite its small size, boasting great air speed and maintaining an impressive breeze over large distances. 

$100 from Amazon

An air conditioner

For temperatures above 95ºF, the Centers for Disease Control and Prevention (CDC) recommends using air conditioners, as they become more effective at cooling than fans at this temperature. A great air conditioner to buy is the GE Profile PHC08LY, which is powerful, quiet and compatible with smart speakers and phones. 

$399 from Amazon

A smart thermostat

The best smart thermostat, Google’s Nest Learning Thermostat, will help you navigate the hotter weather in a variety of ways. For one, you can schedule the thermostat to shut off when you’re not home so that you don’t break the bank. Plus, the thermostat can  adjust temperatures based on where you are in your house to avoid wasting energy in rooms that you’re not currently in. Last but not least, this intuitive device comes with Amazon Alexa and Google Assistant functionality. 

$200 from Amazon

A pet cooling mat

The only thing sadder than being miserable in summer heat is seeing your pet be miserable in the summer heat, too. Fortunately, there’s a gel-filled pet cooling mat that will keep your furbaby content in the heat no matter what size they are. We’ve tested the mat and found that it really is as effective as it says. 

Starting from $30 at Amazon

A cooling mattress

There are few things as maddening as trying to get some sleep while it’s hot or waking up in a pool of sweat. If you’re looking to keep cool at night, we recommend switching your mattress to one that specializes in cooling. The best cooling mattress we’ve tested is the GhostBed Luxe. Besides being excellent at diffusing heat, this mattress is firm and has low motion transfer, meaning that if you share a bed, your partner’s tossing and turning won’t disturb you in your sleep. For a more affordable option, we recommend our value pick, the Lull Original, which also holds the honor of being our favorite firm mattress and memory foam mattress. 

$1598 from Ghostbed

$800 from Amazon

A cooling pillow

Why stop at a cooling mattress? Another way to cool yourself off is by using a cooling pillow. Brooklinen’s Marlow Pillow is one of the best ones you can buy thanks to its cooling memory foam. It comes in multiple sizes and you can adjust its firmness by adding and removing cushioning. 

$59 from Brooklinen

A cooling towel

The high temperatures mean that you’ll be sweating a lot more than usual. You can use Mission’s cooling towel to cool yourself off by wetting the towel or leave it dry to wipe off your sweat. It’s a must-buy during the summer months whether you’re exercising or staying still. 

$21 from Amazon

An inflatable pool

Another way to cool off when the going gets hot is by jumping into a pool. If you have a large backyard, you can bring the water to you with one of the best inflatable pools online—Intex’s  Easy Set Inflatable Swimming Pool. This pool comes in a variety of size options to fit your needs and it’s easy to set up and fill thanks to the pump that comes with it. 

$75 from Amazon

A humidifier or dehumidifier

In addition to higher temperatures, El Niño can cause dryer atmosphere conditions if you live in the Midwest. If you’re particularly sensitive to dry air, we recommend you get a humidifier. The best one we’ve tested is the Levoit Classic 300S, which is quiet while boasting high capacity and output. 

Conversely, if you live in the South, El Niño instead causes increased humidity. In this case, you should pick up our favorite dehumidifier, the LG Puricare 50 Pint. This dehumidifier is sleek, easy to empty and quickly reduces humidity. 

$70 from Amazon

$396 from Walmart

The product experts at Reviewed have all your shopping needs covered. Follow Reviewed on Facebook, Twitter, Instagram, TikTok or Flipboard for the latest deals, product reviews and more. 

Prices were accurate at the time this article was published but may change over time. 

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NBA summer league 2023: News, schedule and scenes


Jul 10, 2023, 01:53 AM ET

Summer league has officially tipped off.

Top draft picks like Victor Wembanyama, Scoot Henderson and Brandon Miller made their NBA debuts with their respective teams, while some lesser known players fight for a regular-season roster spot.

There are three tournaments running through July — the California Classic in Sacramento (July 3 and 5), the Salt Lake City league (July 3, 5 and 6), and the NBA 2K24 league in Las Vegas (July 7-17).

Miller saw his first piece of NBA action in The California Classic as his Charlotte Hornets took on a Wembanyama-less San Antonio Spurs Monday night. Joining the Spurs and Hornets in Sacramento are the Miami Heat, Sacramento Kings and Los Angeles Lakers.

Wembanyama made his debut against the Hornets in Las Vegas. In just over 27 minutes, Wembanyama finished with 9 points, 8 rebounds, 3 assists and 5 blocks while going 2-of-13 from the field and 4-for-4 from the free throw line.

In Salt Lake City, the Utah Jazz showcased their three first-round picks in Taylor Hendricks, Keyonte George and Brice Sensabaugh. Oklahoma City Thunder fans got another look at Chet Holmgren, the 2022 No. 2 pick who injured his ankle in last year’s summer league, which kept him out the entire 2022-23 season. The Memphis Grizzlies and the Philadelphia 76ers round out the teams playing in Utah.

Where to watch NBA summer league and how to find scores?

All games will be broadcast between ESPN, ESPN2, ESPNU and NBA TV. Please see the daily schedule below for game-by-game channels.

Boxscores and stats from all summer league games can be found here.

Victor Wembanyama and Brandon Miller played against each other on the first night of the NBA 2K24 Summer League. Candice Ward/Getty Images

The top players in this year’s rookie class got their first taste of NBA 2K24 Summer League action this weekend and the results were a mixed bag. Full story.

Chet Holmgren scored 15 points and grabbed nine rebounds in the Oklahoma City Thunder’s 95-85 win against the Utah Jazz in the Salt Lake City summer league. Photo by Melissa Majchrzak/NBAE via Getty Images

The NBA 2K24 Summer League in Las Vegas begins Friday with all 30 teams participating. With so many games to be played, ESPN’s Jonathan Givony and Kevin Pelton take a look at the most notable players to watch in Vegas and their impact for their respective teams. Full story.

Summer league news and analysis

play

3:29

Victor Wembanyama on joining the Spurs: ‘A dream come true’

Victor Wembanyama joins Scott Van Pelt to discuss being drafted at No. 1 by the San Antonio Spurs.

Notable players in their summer league debuts

Victor Wembanyama made his summer league debut on July 7 against the Charlotte Hornets and Brandon Miller. Wembanyama has been one of the most talked about prospects in recent NBA history. Ahead of his first game, here are some of the other notable players to make their summer league debuts.

Kobe Bryant — July 13, 1996

Not quite the summer league as it is known today, Bryant scored 27 points in his debut at the Summer Pro League in 1996 against the Detroit Pistons. The Lakers lost 123-113, but after the game, Alvin Gentry said of Bryant, “I have never seen a better player at his age at his position.”

LeBron James — July 8, 2003

After going No. 1 overall in the 2003 NBA draft and coming straight out of high school, James had plenty of hype. In his debut, James finished with 14 points, seven rebounds and six assists in a 27-point victory against the Orlando Magic.

Kevin Durant — July 6, 2007

Kevin Durant recorded 18 points, one rebound and zero assists in his debut with the Seattle SuperSonics. The Dallas Mavericks won the game 77-66 as Durant shot only 5-of-17 from the field.

Derrick Rose — July 7, 2008

In a battle between the top-two picks from the 2008 NBA draft, Derrick Rose had 10 points and four assists in his debut with the Chicago Bulls.

Blake Griffin — July 13, 2009

After winning the Wooden Award, AP Player of the Year and Naismith Player of the Year in his sophomore season at Oklahoma. Griffin declared for the NBA draft and was taken with the top selection by the LA Clippers.

In his debut, Griffin recorded 27 points on 11-of-15 shooting, along with 12 rebounds. Griffin went on to win the summer league MVP.

Lonzo Ball — July 7, 2017

There was plenty of buzz prior to Lonzo Ball’s first game with the Los Angeles Lakers as the No. 2 pick out of UCLA. He struggled in his debut in a loss to the LA Clippers, recording five points on 2-of-15 shooting (1-11 on three-pointers), along with five assists.

Ball rebounded quickly, recording two triple-doubles and 36 points in another contest during summer league. Over the past 20 seasons, Ball is the only player with multiple triple-doubles at Las Vegas summer league. He also won the summer league MVP.

Zion Williamson — July 5, 2019

It was not a long debut for Williamson, but it was certainly memorable in a New Orleans Pelicans win against the New York Knicks. Williamson scored 11 points in nine minutes before leaving with an injury, highlighted by his steal against Kevin Knox which led to a dunk. The game was also cut short due to an earthquake.

— Matt Williams, ESPN Stats & Information

Salt Lake City Summer League

Delta Center; Salt Lake City, Utah

(All times EST)

July 3

play

0:29

Tre Mann levitates for must-see poster slam

Thunder guard Tre Mann steals the inbound pass and throws down a massive dunk all over a Jazz defender.

Memphis 94, Philadelphia 92

Oklahoma City 95, Utah 85

July 5

Memphis 94, Oklahoma City 86

Philadelphia 104, Utah 94

July 6

Oklahoma City 100, Philadelphia 91

Utah 98, Memphis 83

California Classic Summer League

Golden 1 Center; Sacramento, California

(All times EST)

July 3

play

0:34

Keegan Murray slams down huge dunk

Keegan Murray throws down a major dunk for the Kings’ first points of the night.

Miami 107, L.A. Lakers 90

San Antonio 98, Charlotte 77

Sacramento 100, Golden State 94

July 5

Golden State 98, Charlotte 83

San Antonio 109, LA Lakers 99

Sacramento 95, Miami 83

NBA 2K24 Summer League

Cox Pavilion and Thomas & Mack Center; Las Vegas

(All time EST)

July 7

play

0:24

Kai Jones puts Victor Wembanyama on a poster

Kai Jones gives Victor Wembanyama a “Welcome to the NBA” moment with a high-flying poster for an and-1.

Minnesota 102, New Orleans 88

Milwaukee 92, Denver 85

Chicago 83 Toronto 74

Houston 100, Portland 99

Cleveland 101, Brooklyn 97

San Antonio 76, Charlotte 68

Sacramento 80, Atlanta 76

LA Lakers 103, Golden State 96

July 8

play

0:16

Colbey Ross feeds Keyonte George for a Clippers alley-oop

Colbey Ross lobs it up to Keyonte George for an electric alley-oop for the Clippers.

Miami 99, Boston 88

Oklahoma City 91, Mavericks 80

Philadelphia 110, New York 101

Detroit 89, Orlando 78

Memphis 87, Chicago 80

Indiana 91, Washington 83

Milwaukee 84, Phoenix 75

Utah 105, LA Clippers 99

July 9

play

2:04

Wembanyama impresses with 27-point outburst in second summer league game

Victor Wembanyama drops 27 points, 12 rebounds and 3 blocks in a loss against the Trail Blazers.

Cleveland 99, Toronto 76

LA Lakers 93, Charlotte 75

Brooklyn 98, New York 80

Houston 113, Detroit 101

Washington 103, Boston 98

Portland 85, San Antonio 80

Atlanta 98, Denver 93

New Orleans 94, Golden State 86

July 10

Memphis vs. Cleveland, 6 p.m., ESPNews

Phoenix vs. Miami, 6:30 p.m., NBA TV

Philadelphia vs. Dallas, 8 p.m., ESPNU

Indiana vs. Orlando, 8:30 p.m., NBA TV

Minnesota vs. Utah, 10 p.m., ESPNU

Sacramento vs. LA Clippers, 10:30 p.m., NBA TV

July 11

Brooklyn vs. Milwaukee, 6 p.m., ESPNU

Houston vs. Oklahoma City, 6:30 p.m., NBA TV

Phoenix vs. New Orleans, 8:00 p.m., ESPN2

Portland vs. Charlotte, 8:30 p.m., NBA TV

Chicago vs. Sacramento, 10:00 p.m., ESPN2

Washington vs. San Antonio, 10:30 p.m., NBA TV

July 12

LA Clippers vs. Memphis, 3:30 p.m., NBA TV

Minnesota vs. Atlanta, 4 p.m., ESPN2

Golden State vs. Dallas, 5:30 p.m., NBA TV

Toronto vs. Detroit, 6 p.m., ESPN2

Oklahoma City vs. Indiana, 7:30 p.m., NBA TV

New York vs. Orlando, 8 p.m., ESPN2

Denver vs. Utah, 9:30 p.m., NBA TV

L.A. Lakers vs. Boston, 10 p.m., ESPN2

July 13

Cleveland vs. Chicago, 3 p.m., ESPN2

Philadelphia vs. Atlanta, 3:30 p.m., NBA TV

Brooklyn vs. Toronto, 5 p.m., ESPN2

Miami vs. Milwaukee, 5:30 p.m., NBA TV

Houston vs. Golden State, 7 p.m., ESPN

Charlotte vs. New Orleans, 7:30 p.m., NBA TV

Portland vs. Orlando, 9 p.m., ESPN2

Minnesota vs. Sacramento, 9:30 p.m., NBA TV

July 14

LA Clippers vs. Philadelphia, 4:30 p.m., NBA TV

Oklahoma City vs. Washington, 5 p.m., ESPNU

Dallas vs. Indiana, 6:30 p.m., NBA TV

Boston vs. New York, 7 p.m., ESPN2

San Antonio vs. Detroit, 8:30 p.m., NBA TV

Miami vs. vs. Denver, 9 p.m., ESPN2

Memphis vs. L.A. Lakers, 10:30 p.m., NBA TV

Utah vs. Phoenix, 11 p.m., ESPN2

July 15

Quarterfinals

July 16

Semifinals

July 17

Championship

2023 summer league live blog

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Multifamily and Office Continue to Drag Down NYC Investment Sales

Fewer investment properties in New York City traded hands in the first half of 2023 than in the second half of 2022, thanks in large part to a sluggish multifamily and office market, according to a new report.

The first half of 2023 saw a total of 1,046 deals, a 9 percent drop compared to the second half of 2022 and a 31 percent decrease from the same time last year, according to a report from Ariel Property Advisors. The ones that did sell, sold for less, with only about $12.8 billion being spent in the five boroughs so far this year, a 12 percent drop from the last six months of 2022.

Multifamily and office sales dragged the market down considerably, according to Ariel’s data, despite steady increases in industrial, non-office commercial and development sites. But, Areil analysts expect the rest of the year to look much better.

“I think by the end of this year and early next year there are going to be more transactions,” Shimon Shkury, president of Ariel, told Commercial Observer. “One [reason] is we will see a tremendous amount of capital waiting to invest in mortgage maturities. … We’ve seen mortgage maturities affecting the office market, I think we’ll see them affecting the rent-stabilized market as well.”

Only $4.9 billion in multifamily sales took place during the first half of 2023, a decrease of 28 percent from $6.8 billion in the second half of 2022 and a long fall from $8.6 billion in the first half of 2022. Individual transactions in that sector of the market went from 700 in the second half of 2022 to 571 so far this year, which was also a decline from the 892 in the first half of 2022.

“When we look at rent-stabilized multifamily, this is the subsegment that suffered a major regulation overhaul in 2019 [through the Housing Stability and Tenant Protection Act], which disallowed the growth of rent even upon vacancy,” Shkruy said. “So now you have a building that has some vacant units and the owners could ask themselves, ‘Do I even want to rent it out? Because I do need to put money into the unit.’ ”

Office saw  $2.4 billion in sales in the first half of 2023 compared to $3.3 billion in the second half of 2022, a 25 percent decrease and 48 percent less than the $4.7 billion sold in the first half of 2022. This marked the second-lowest point for office sales since 2010, right after the first half of 2021, Ariel reported. 

While office space is selling at a lower dollar volume, there were 36 transactions in the first six months of 2023, a slight increase from the 31 in the last half of 2022 but a drop from the 65 in the first half of last year.

Hotel and retail were asset classes that attracted investors the most with $1.7 billion in sales across 131 transactions in the first half of 2023, a 41 percent increase in dollar volume from $1.2 billion in sales in 137 deals in the second half of 2022. But it was still a 34 percent decline compared to the $2.7 billion traded throughout 1999 transactions in the first half of 2022.

Up to 114 sales were made for industrial space in the first half of 2023 with a value of $714.4 million. While this was an improvement from the $654.7 million in the last half of 2022, it wasn’t much of a boost and was a huge drop from the $1.9 billion worth of deals in the first half of last year.

Development sites saw $2.5 billion in deals so far this year compared to the $2.1 billion made in the second half of 2022 and $3.6 billion made in the first half of 2022. While last year saw 212 total transactions, the second half of the year dwindled to only 150 transactions followed by 155 in the last six-month period.

But with distress in banking, rising interest rates and mortgage defaults, Ariel believes there will be opportunities in the second half of the year as those conditions force sellers to be more flexible on pricing.

Another bright spot in the next six months will be the Federal Deposit Insurance Company‘s disposition of Signature Bank (SBNY)’s mortgages, which Ariel thinks is going to boost transaction activity for 2023. 

Mark Hallum can be reached at [email protected].

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Gay Rights vs. Free Speech: Supreme Court Backs Web Designer

The Supreme Court sided on Friday with a web designer in Colorado who said she had a First Amendment right to refuse to design wedding websites for same-sex couples despite a state law that forbids discrimination against gay people.

Justice Neil M. Gorsuch, writing for the majority in a 6-3 vote, said that the First Amendment protected the designer, Lorie Smith, from being compelled to express views she opposed.

“A hundred years ago, Ms. Smith might have furnished her services using pen and paper,” he wrote. “Those services are no less protected speech today because they are conveyed with a ‘voice that resonates farther than it could from any soapbox.’”

The case, though framed as a clash between free speech and gay rights, was the latest in a series of decisions in favor of religious people and groups, notably conservative Christians.

The decision also appeared to suggest that the rights of L.G.B.T.Q. people, including to same-sex marriage, are on more vulnerable legal footing, particularly when they are at odds with claims of religious freedom. At the same time, the ruling limited the ability of governments to enforce anti-discrimination laws.

The justices split along ideological lines, and the two sides appeared to talk past each other. The majority saw the decision as a victory that safeguarded the First Amendment right of artists to express themselves. The liberal justices viewed it as something else entirely — a dispute that threatened societal protections for gay rights and rolled back some recent progress.

In an impassioned dissent, Justice Sonia Sotomayor warned that the outcome signaled a return to a time when people of color and other minority groups faced open discrimination. It was the second time this week that the justice summarized her dissent from the bench, a rare move that signals deep disagreement. Appearing dismayed, Justice Sotomayor spoke for more than 20 minutes.

“This case cannot be understood outside of the context in which it arises. In that context, the outcome is even more distressing,” she wrote in her dissent. “The L.G.B.T. rights movement has made historic strides, and I am proud of the role this court recently played in that history. Today, however, we are taking steps backward.”

President Biden called the court’s decision “disappointing” in a statement released Friday.

“I’m deeply concerned that the decision could invite more discrimination against L.G.B.T.Q.I.+ Americans,” Mr. Biden said in the statement. “More broadly, today’s decision weakens longstanding laws that protect all Americans against discrimination in public accommodations — including people of color, people with disabilities, people of faith, and women.”

A Colorado law forbids discrimination against gay people by businesses open to the public as well as statements announcing such discrimination. Ms. Smith, who has said that her Christian faith requires her to turn away same-sex couples seeking website design services, has not yet begun her wedding business. Nor has she posted a proposed statement on her current website about her policy and beliefs for fear, she has said, of running afoul of the law.

So she sued to challenge it, saying it violated her rights to free speech and the free exercise of religion.

The decision appeared to suggest that the rights of L.G.B.T.Q. people are on more vulnerable legal footing.Credit…Kenny Holston/The New York Times

Colorado’s attorney general, Phil Weiser, warned of the ruling’s implications, saying that it would pave the way for all sorts of businesses to turn away L.G.B.T.Q. customers.

“This deeply concerning opinion is far out of step with the will of the American people and American values,” Mr. Weiser said in a statement.

During a news conference shortly after the ruling was issued, Ms. Smith, her voice cracking with emotion, described the outcome as a “victory not just for me but for all of us.”

The court “affirmed today that Colorado can’t force me or anyone to say something we don’t believe,” she said.

In the majority opinion, Justice Gorsuch wrote that the government could not force people who speak for pay on a given topic to accept commissions on that topic in cases where they disagree with the underlying message.

Justice Neil M. Gorsuch said that the First Amendment protected Ms. Smith.Credit…Samuel Corum for The New York Times

Such an approach, he said, could lead to bizarre results. He cited the example of a Muslim movie director being forced to “make a film with a Zionist message,” or an atheist being forced to accept a commission to create a mural “celebrating evangelical zeal.”

“Taken seriously, that principle would allow the government to force all manner of artists, speechwriters and others whose services involve speech to speak what they do not believe on pain of penalty,” Justice Gorsuch wrote. “Countless other creative professionals, too, could be forced to choose between remaining silent, producing speech that violates their beliefs, or speaking their minds and incurring sanctions for doing so.”

He added that states could not use public accommodation laws to deny speakers the right to choose the content of their messages. Otherwise, he wrote, “the better the artist, the finer the writer, the more unique his talent, the more easily his voice could be conscripted to disseminate the government’s preferred messages. That would not respect the First Amendment; more nearly, it would spell its demise.”

In her dissent, Justice Sotomayor described public accommodation laws as designed to ensure “equal dignity in the common market.” She cited a landmark 1964 Supreme Court case, Heart of Atlanta Motel Inc. v. United States, where the court found that hotels did not have the right to discriminate against Black guests.

Justice Sonia Sotomayor warned that the outcome signaled that the country was taking a step backward.Credit…Erin Schaff/The New York Times

“If you have ever taken advantage of a public business without being denied service because of who you are, then you have come to enjoy the dignity and freedom that this principle protects,” she wrote. “Lesbian, gay, bisexual, and transgender (L.G.B.T.) people, no less than anyone else, deserve that dignity and freedom.”

Justice Gorsuch responded directly to the dissent in the majority opinion, writing that the two sides looked at the same case and saw totally different issues.

“It is difficult to read the dissent and conclude we are looking at the same case,” he wrote. The dissenting justices, he wrote, focused on “the strides gay Americans have made towards securing equal justice under law.”

But the conservative justices did not see the case through that lens, he said, writing that “none of this answers the question we face today: Can a state force someone who provides her own expressive services to abandon her conscience and speak its preferred message instead?”

When the Supreme Court agreed to hear the case, 303 Creative L.L.C. v. Elenis, No. 21-476, it agreed to decide only one question: “whether applying a public-accommodation law to compel an artist to speak or stay silent violates the free speech clause of the First Amendment.”

A divided three-judge panel of the U.S. Court of Appeals for the 10th Circuit, in Denver, had applied the most demanding form of judicial scrutiny to the Colorado law but upheld it.

“Colorado has a compelling interest in protecting both the dignity interests of members of marginalized groups and their material interests in accessing the commercial marketplace,” Judge Mary Beck Briscoe wrote for the majority, adding that the law is narrowly tailored to address that interest.

“To be sure,” Judge Briscoe wrote, “L.G.B.T. consumers may be able to obtain wedding-website design services from other businesses; yet, L.G.B.T. consumers will never be able to obtain wedding-related services of the same quality and nature as those that appellants offer.”

Judge Briscoe added that “Colorado may prohibit speech that promotes unlawful activity, including unlawful discrimination.”

In dissent, Chief Judge Timothy M. Tymkovich, citing the writer George Orwell, said “the majority takes the remarkable — and novel — stance that the government may force Ms. Smith to produce messages that violate her conscience.”

This theme appeared to resonate with Justice Gorsuch, who adopted the language of George Orwell in his opinion.

He wrote that the court’s liberal justices had abandoned “what this court’s cases have recognized time and time again: A commitment to speech for only some messages and some persons is no commitment at all.”

He added, citing Orwell from “The Freedom of the Press,” an essay he wrote in 1945 as the intended preface for “Animal Farm” but was not published until 1972 by The Times Literary Supplement: “If liberty means anything at all, it means the right to tell people what they do not want to hear.”

Justice Sotomayor said in her dissent that the conservative justices had misread the issue: “The majority’s repeated invocation of this Orwellian thought policing is revealing of just how much it misunderstands this case.”

The Supreme Court considered a similar dispute in 2018 after a Colorado baker refused a create a custom wedding cake for a same-sex marriage. But that case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, failed to to yield a definitive ruling.

Justice Anthony M. Kennedy, who wrote the majority opinion in the 7-to-2 decision in 2018, seemed unable to choose between two of his core commitments. He was the author of every major Supreme Court decision protecting gay rights under the Constitution. But he was also the court’s most ardent defender of free speech.

Instead of choosing between those values, Justice Kennedy chose an off ramp that not everyone found convincing. He wrote that the baker, Jack Phillips, should win because he had been treated unfairly by members of a civil rights commission who had made comments hostile to religion.

Jack Phillips, a baker, was at the center of a similar case that went to the Supreme Court.Credit…Nick Cote for The New York Times

The court’s membership has changed since then, with the retirement of Justice Kennedy and the death of Justice Ruth Bader Ginsburg. Their successors, Justices Brett M. Kavanaugh and Amy Coney Barrett, shifted the court to the right.

Lower courts have generally sided with gay and lesbian couples who were refused service by bakeries, florists and others, ruling that potential customers are entitled to equal treatment, at least in parts of the country with laws forbidding discrimination based on sexual orientation.

The owners of businesses challenging those laws have argued that the government should not force them to choose between the requirements of their faiths and their livelihoods. Their opponents say that businesses open to the public must provide equal treatment to potential customers.

Zach Montague contributed reporting.

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US gives go-ahead for Orsted’s New Jersey offshore wind farm

ATLANTIC CITY, N.J. — The federal government gave the go-ahead Wednesday for New Jersey’s first offshore wind farm to begin construction, clearing the way for the first of at least three — and likely many more — such projects in a state trying to become the East Coast leader in wind energy.

The U.S. Bureau of Ocean Energy Management approved a construction and operations plan for Ocean Wind I, a wind farm to be built by Danish wind energy company Orsted between 13 and 15 miles off the coast of Atlantic City. The wind farm would power 500,000 homes.

Additional approvals from the Bureau of Ocean Energy Management, the U.S. Army Corps of Engineers, the National Marine Fisheries Service, and the U.S. Environmental Protection Agency still must be obtained, which Orsted estimates will happen by the second quarter of 2024.

The project already has all of the major state permits it needs, said Larry Hajna, a spokesman for the New Jersey Department of Environmental Protection. Two minor state permits remain outstanding.

The Bureau of Ocean Energy Management’s action represents the third federal approval of a commercial-scale offshore wind energy project in the U.S., joining the Vineyard Wind project in Massachusetts and the South Fork Wind project in New York, both of which are now under construction.

Orsted said it plans to begin construction in New Jersey this fall, “delivering on the promise of good-paying jobs, local investment and clean energy,” said David Hardy, the company’s CEO for the Americas.

“Since day one, the Biden-Harris administration has worked to jump-start the offshore wind industry across the country, and today’s approval for the Ocean Wind I project is another milestone in our efforts to create good-paying union jobs while combating climate change and powering our nation,” said U.S. Interior Secretary Deb Haaland.

New Jersey Gov. Phil Murphy, a Democrat, called the federal approval “a pivotal inflection point not just for Orsted, but for New Jersey’s nation-leading offshore wind industry as a whole.”

The Bureau of Ocean Energy Management said Orsted will compensate fishing businesses for lost revenues and reimburse them for lost or damaged gear. The company also will create a navigational safety fund for equipment upgrades, the bureau said.

The project would place nearly 100 wind turbines off the coast of southern New Jersey, where they would be visible from the tourist havens of Atlantic City and Ocean City.

That has generated fierce opposition from community groups, most of whom also blame site preparation work for a spate of whale deaths since December. At least 60 whales have died on the U.S. East Coast since then. But three federal and one state agency all say there is no evidence linking the deaths with offshore wind preparations.

At the request of elected officials who want a moratorium on offshore wind projects, the U.S. Government Accountability Office said last month it would “review matters relating to the potential impacts of offshore wind energy development” in the northern Atlantic area between Maine and New Jersey.

Orsted also has approval from New Jersey to build a second wind farm, which has yet to obtain all its approvals. And a third project, Atlantic Shores, also has state approval but still needs federal permission to begin.

Ocean Wind I’s final major approval came just days after the New Jersey Legislature approved a bill last week that would give Orsted a tax break by letting it keep federal tax credits that the company otherwise would have had to pass on to New Jersey ratepayers. The bill is awaiting action by the governor.

The tax break only applies to Ocean Wind I. But on Monday, Atlantic Shore said it, too, wants government financial aid, warning that its project and the jobs it would create are “at risk” without the incentives.

Atlantic Shores is a joint partnership between Shell New Energies US LLC and EDF-RE Offshore Development LLC.

The work that will begin this fall on Ocean Wind I includes laying its electrical transmission cable and building onshore electrical substations. The tall structures that will support wind turbines, called monopiles, are being welded, sandblasted and painted at EEW American Offshore Structures’ facility at the Port of Paulsboro across the Delaware River from Philadelphia International Airport.

Orsted plans to have the monopiles installed in 2024 and to have power flowing from the project to customers by 2025.

___

This story has been corrected to delete an incorrect reference provided by the U.S. Bureau of Ocean Energy Management that the South Fork Wind Project in New York was also being built in Rhode Island.

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Developers have big ambitions for two east Alabama sites

Developers of two large tracts of land in Alabama have high hopes for the future of their respective properties.

In Tuskegee, construction is scheduled to begin this summer on the first building in a logistics park along Interstate 85 in Macon County. If fully completed, the park will offer a combined 5 million square feet of space.

And up in Etowah County, local officials have cemented an agreement that they will say will make a 1,100-acre site adjacent to Interstate 59 more attractive to a large scale development.

The Tuskegee project, called the Regional East Alabama Logistics (REAL) Park, involves a partnership between the Macon County Economic Development Authority, Farpoint Development and two local businessmen, Jimmy and Wayne Bassett.

The park will be situated on 683 acres off Exit 42 on I-85, smack dab along a corridor seeing economic development from Montgomery to Auburn, Opelika and as far east as the Kia plant just over the state line in West Point, Ga.

“The right team, the right project in the right place and at the right time — this initial investment has the potential to be a tipping point in our community’s development for decades to come,” MCEDA Director Joe Turnham said.

The project, developed by Farpoint, envisions around 13 buildings using the design-build, leaseback method. It would take seven to 10 years to complete the whole plan.

Construction is expected to begin this summer on a 169,000-square-foot expandable industrial commercial structure. Upon its completion, it will be the only “Class A” warehouse/manufacturing building available for lease within a 40-mile radius. North Carolina-based Farpoint is marketing the building as an industrial facility for lease.

An economic impact analysis conducted by the University of Alabama’s Center of Business & Economic Research projects the park will bring $386 million in new economic capital investment when fully built, and add more than 1,000 direct jobs and nearly 900 indirect jobs.

Etowah County mega site

The Little Canoe Creek mega site off Interstate 59 in Etowah County has been trying to attract a large-scale industrial project with its 1,100 acres. (Etowah County)

Etowah County’s Little Canoe Creek mega site has been an ongoing project of local leaders for more than a decade, offering a large tract of available land for industry. Officials have gone to work over the last few years making infrastructure improvements to inch it closer to development. In 2018, Gov. Kay Ivey made an appearance at the site to draw attention.

This morning, the Etowah County Commission approved a memorandum of understanding with Rainbow City, a city of about 10,000 residents, which agreed to install water and sewer to the site. The site already has rail, electric and fiber optic access.

Currently, there are three other improvement projects ongoing on the land, according to Shane Ellison, chief administrative officer with the Etowah County Commission. Waites Construction is finishing the construction of a 70-acre pad, which will eventually expand to 100 acres, with a new road to Wesson Lake Road providing secondary access.

All three projects have a combined price tag of $5.7 million, and are being funded by Norfolk Southern Railroad through an economic development grant program. Alabama Power is also building a new power substation and relocating transmission lines at the site, while Goodwyn, Mills and Cawood is drawing up plans to install water and sewer lines.

Under this agreement, the site, which is located in unincorporated Etowah County, would eventually be annexed into Rainbow City’s corporate limits, providing police and fire protection. The county would also receive reimbursement for its investment in the mega site, contingent on its sale to any new industry. Presently, the county owns all the property.

Commission Chairman Johnny Grant said the agreement was another step forward for the property.

“We’ve known for a long time that Etowah County needed a partner that could provide infrastructure and basic services so we could move to the next phase of development,” Grant said.

Rainbow City Mayor Joe Taylor said the agreement will allow the site “to be the economic development engine that will drive Etowah County forward.”

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Goodwill Signs 74% of New Industrial Development in Northern Virginia

Goodwill of Greater Washington has inked a 10-year, 83,753-square-foot lease at 95 East Distribution Center, an industrial building under construction in Woodbridge, Va.

A joint venture between Cannon Hill Capital Partners and The Pinkard Group acquired the site in 2021 and demolished a vacant warehouse on the site to make way for the last-mile distribution facility currently under construction. 

Located at 13600 Dabney Road, the 113,490-square-foot industrial building will feature expansive loading courts, a 32-foot clear height, and outdoor truck and storage areas. The Goodwill lease will take up 74 percent of the project, which is slated to be delivered in September. 

“As one of the largest leases in Northern Virginia’s 95 Corridor in years, this transaction speaks to the quality of this strategically located development in meeting the demands of today’s tenants and is a testament to the continued strength of the region’s industrial market,” Caulley Deringer, an executive vice president at Transwestern, which represented the joint venture in the deal, said in a prepared statement.

The project will include approximately 40 percent more square feet than the original zoning allowed, with the developers capitalizing on the E-Commerce Overlay District zoning designation adopted by the Prince William County Board of Supervisors in September 2021.

Joining Deringer in representing the landlord was Transwestern’s Steve Cloud and Andrew Hassett. H&R Retail’s Austin Hersh and Bradly Buslik represented the tenant.

Keith Loria can be reached at [email protected].

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5 (Way Too) Early Things About the 2023 Top 100


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Groupe Rabot Dutilleul

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Nous le faisons en tentant à chaque fois de progresser, en explorant de nouvelles voies pour transformer les contraintes en opportunités et créer davantage de valeur ; nous le faisons avec empathie, avec passion et foi dans nos équipes ; nous le faisons avec l’usage au cœur et l’expertise en tête. Nous vous proposons les meilleures solutions pour les entreprises et les territoires, et pour les hommes et les femmes qui occupent nos bâtiments. »

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