they are trying again to stop an execution. >> his lawyers are asking a marin county judge to look at a recent challenge to the state's legislation on lethal injection. he was convicted of strangling a 15-year-old. terry? >> i came down from the courtroom, the judge, she is for starters listening to attorneys who would like to stop the scheduled execution. they are arguing that the state has not followed through on a federal judge's order from five years ago, an order that would impact mr. brown's execution but others, as well. the judge fogel halted executions until the improvements were made. state says we have done all that

but attorneys argue that the state has not followed through. >> what we're talking about is short delay because of the validity of the regulations. if executions proceed... people won't have their day in court and we don't get this resolved. >> reporter: attorneys say judge fogel has and had the protocols himself to see if they have been improved. another issue, death row inmate brown was given a choice of three separate lethal injections or one, he did not make a choice so the state is going to give him three. the first shot is intended to paralyze but some say the second and third can be felt. and then pentothol being used,

there is a shortage of the drug in california and others say there is barely enough for one execution, many not for anymore. there should be more available but not until early next year. there is also arguments in the 9th circuit court of appeals at the federal level they are trying to stop the execution still scheduled for right after midnight on wednesday morning. heather ishimaru is up in the courtroom and have much more on this, possibly a decision any minute that is coming up at 5:00 and 6:00,. penalties congresswoman jackie speier took action to try to increase government oversight of natural gas pipelines. she did so in the san bruno neighborod devastated by an explosion two weeks ago. janelle wang has details on the new bill. >> reporter: representative jackie speier just wrapped up the news conference in the past 45 minutes.

she announced a new bill that would strengthen natural gas pipeline regulation. it's called a pipeline safety and community empowerment act. if it passes, it would require remotely operated shut-off valves for pipelines running through earthquake zones and densely pom late areas within two years. on september 9th a natural gas pipeline ruptured in san bruno killing seven people. it took pg&e one hour and 46 minutes to shut-off the gas. the bill would force operators to inform all property owners within 2,000 feet of a natural gas transmission line. >> this has been a deadly and painful wake-up call. we must act swiftly and we must act deliberately to resolve and to remedy this problem. >> reporter: meanwhile, cleanup continues in san bruno. crews have cleared three lots so far. they are working on three more today. as many as 35 lots may need to

be cleared. it's expected to take several more weeks. also, residents may notice a lot of pg&e trucks in the area this week, crews are working on the ruptured transmission line affecting gas valves in cooperation with the n.t.s.b. investigation. there is slight chance that people may smell gas, probably from the work being done but pg&e encourages any customer that smells gas to call the utility company. jackie speier has left the area. she plans to meet with pg&e in a closed-door meeting in a couple of hurries to discuss automatic shut-off valves, how many would be needed and how much it would cost. she also plans to visit a couple of the burn victims at the hospital later this afternoon. a mechanical problem is causing big delays for muni riders, it could take several hours to fix the problem. spokesman says a cable controlling signal lights within

the subway was severed about 6:00 this morning. is are go run in manual mode which is leading to significant passenger back-up. muni is running a shuttle service. the severed occasional is located between civic center and montgomery station. >> the parents of a boy who was handcuffed in a fake arrest are speaking out on television for the first time. they appeared on "good morning america" today. the father of the boy took cell phone video of the mock arrest. they say they put him in handcuffs as an apparent scare tactic after finding out that the boy was having sex with the 14-year-old stepdaughter. they say the officer abused his authority. >> he violated our home, you

know, with our son, he is an officer. he is an authority figure. the only thing we knew, we thought he was getting arrested and that there was nothing we could do. >> the attorney for the officer says his client was in control of the situation and was given permission by the boy's parents to use a scare tactic. a proposed san francisco law to prevent toys given away with unhealthy fast food meals is set for a hearing this afternoon. it would make it illegal for kids meals to come with toys if those meals exceed certain limits. a supervisor says the toys draw children to unhealthy meals. santa clara county approved a similar measure earlier this year. restaurant industry called the proposal a bad idea saying parents should decide and on the

government. >> kidnapping victim dugard is writing a memorandum wash. she will write the book herself. it will cover from her abduction to how she is doing now. last week a judge suspended criminal proceedings against philip garrido. the attorney says he may not be mentally competent enough. the judge did not halt proceedings against his wife, nancy. >> pg&e is asking people to conserve electricity today. today is the third straight spare the air day and mike nicco has more. >> let's talk about those areas where we'll see poor air quality. potential exists in the east bay valley. rest of us should be underneath the threshold and some unhealthy amounts of ground based ozone.

i put an asterisk next to the temperatures, three degrees of a record high, livermore is 102 and napa and santa rosa and san rafael and some around monterey bay, it could be a record high. morgan hill and gilroy, 101 and 102 but not a record. we do have a cooling trend but today is the warmest day in the forecast. i'll have the seven-day in the forecast. its decision many fans have been waiting for, the san francisco 49ers have now fired offensive coordinator jimmy raye. they were considered a favorite to win their decision division instead they lost including a loss to the kansas city chiefs yesterday. san francisco has scored just 38 points all year. that is the lowest point total in the n.f.l. quarterback mike johnson will

take over coordinated duties. >> find out why the pentagon said it had to burn 10,000 copies of a memoir. >> plus, the federal government hangs up a 'will to ban all cell phones while driving. >> and complaints are filed against a popular

federal official talking

about the bp response says a third party should come in. thad allen says somebody should represent the industry in future spills. there was confusion over who was in charge. he made reference to the president's commission today. panel is looking into potential missteps by the administration after the bp spill and they include use of chemical dispersants. >> department of defense says it's destroyed nearly 10,000 copies of a memoir to protect state secrets. anthony schaffer wrote about his experiences in afghanistan in the book operation dark heart. the pentagon stopped first editions of the book and then burned them. officials say information in it could have damaged national security. the author insists the military censorship is unnecessary. >> we make sure that nothing in the way of technical information relating to technology or

anything that could actually give the enemy an advantage was completely off-limits. >> a second edition of the book has been released but with lines blacked out as the request of the defense department. >> an organization state official says they are not endorse go a full ban on drivers using cell phones. despite a study shows the highway patrol have been ineffective in enforcing the texting ban. dozens of states have passed hands free laws and bans on text messaging behind the wheel but none of those bans have been enforced altogether. >> federal regulators filed complaints against the makers of a popular juice poms. the product claims that it treats skis. a language on the website

falsely suggests that the juice may help with diabetes, heart disease or erectile dysfunction. a hearing will be held to determine if the law has been violated. poms did not issue an immediate response. >> the air? >> and i'll have an updated look at how much smog wect. beautiful picture from vollmer peak, you can't find a cloud. when the clouds will come back in a few minutes. and pandemonium, hundreds of thousands of people applied for a job to get close to animals. >> and giving san francisco public schools a big financial boost.

(speaking in international language) and he said unto them go ye into all of the world and preach the gospel preach the gospel ♪ every creature in the world. (applause)

what is your dream job. six lucky people are about to be chosen to promote the cause of endangered giant pandas in china. the hopeful include a young american woman. >> it might just be the coolest job ever, day in and day out

working with some of the most adorable animals and promoting their cause to the world. in three days that dream job will become a reality. >> 61,000 people from more than 50 countries applied on line for the chance to become ambassadors. southwest chinere a week of training where the winner will be chosen. >> now they won't be getting an official salary but the opportunity to hang out with these guys all the time, absolutely priceless. >> ashley robertson from alabama has dreamt from coming to china and working with pandas since she was a little girl. >> it's the most amazing experience. >> the program is intensive. they study habitats and prepare their food and clean up their

encloses. >> and picking up poop. >> they will learn more skills through the nursing of six cubs before returning to their home country to spread the word about panda conservation, an awesome job for a noble cause. close-up, that little one. >> all right. >> good for the poop. >> it always comes down to that. >> this is going to be different. >> just to see the pandas is for a while. >> let's talk about the weather. >> let's just move on. >> let's go outside, every once in a while she does. you have to listen very careful. looking from vollmer peak back back to the golden gate bridge.

nice visibility is what i meant to say. and how about santa cruz, bet that looks different than yesterday at this time when it was just teaming with families out enjoying the warm weather and along with the ocean water. there will probably be people later this afternoon. look at the temperatures, we're still 63 at half moon bay, 70 degree weather in san rafael and oakland, redwood city and los gatos. rest of us are in the 80s. 79 in santa cruz and already mid to upper 80s around watsonville and salinas. we still have about three hours of warming left which means today will be sunny and hottest day in the forecast. also poor air quality. gradual cooling trend will begin on wednesday. look how much temperatures are above average. redwood city 15. san francisco and san jose, 18

degrees warmer than average. that is with a longer night than day, only eleven hours and 56 minutes of sunshine. east bay valleys, santa clara valley, that is where we found the poorest air quality. for the temperatures i put an asterisk what i this think could a record high. upper 70s along the coast. with mid to upper 90s through the north bay valleys. over on the east bay shore, everybody about richmond, berkeley and hayward, at least 90 degrees. just about everybody hundred in the east bay valleys, same thing with morgan hill and gilroy and hollister. mid 90s in santa cruz and 79 in monterey possibly a record high. around the state, it's hot everywhere. high fire danger around l.a. they have had the winds and the reason we don't have a high fire danger. and yosemite, 95 in san diego.

eureka cloud cover and 64 degrees. key to our forecast as we talked about last week is the cool nights andr nights. the fact that we can cool to 56 in santa rosa to 59 in san francisco. it's going to be hot in the day but once the sun sets get the fan going and we'll have nice sleeping weather. it was so much warmer than average, we drop four degrees you may not notice it. another four on thursday and by the time the weekend rolls in, we're in the comfortable 60s. upper 70s around the bay and low to mid 80 on a. we may see morning fog in the morning also. caltrain is posting new suicide prevention signs on a ten-mile section between menlo park and mountain view. it's spending $110,000 on 250 signs saying this crisis hot

line number to call. they are trying to measure the effectiveness of the signs. san francisco public schools are getting $3 million from the bill and melinda gates foundation. they are getting one million dollars to expand programs designed to get students ready for college. it will help those already at san francisco city college. right now only one-quarter of students from high school go on to college to earn a degree. four other cities received a grant. >> president obama is calling for a longer stay for students. for a longer stay for students. >> we'll be right bacacac were prese i want you to >>@2

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$29 a month for six months, with dvr included. plus upgrade to u-verse u300 and get the u-verse mobile app free. u-verse mobile and u-verse tv. only with at&t. ♪ at 4:00, celebrities take on their dream job. then at 5:00, in ma lynn county, they just denied a request for albert brown to stop his execution early wednesday morning. at 5:00 we'll look at chances for appeal on that front. also, it's bound to be an intense debate in the east bay, on the job that california teachers are doing. we'll have those stories and more later today at 5:00. >> let's see if it's going to be much of a difference in terms of heat. >> probably won't be a record but it's going to be hot

tomorrow. for most part wednesday, away from the coast. then we'll start to see cooling around the bay and inland areas on saturday and sunday. mid-80s is still warm. it will be the hundreds we're dealing with today. >> mike, thanks. >> that is going to do it for us. >> "who wants to be a