afghanistan, how four siblings are rebuilding their lives in the united states. eye on america, climate change is eroding native american land in the pacific northwest, forcing one tribe to move its entire village to higher ground. deadly film shooting, what dwayne "the rock" johnson is doing to prevent a tragedy like the one on alec baldwin's movie set. and proving age is just a number, a 70-year-old mother bonds with her son by boldly climbing to dangerous heights. this is the "cbs evening news" with norah o'donnell, reporting from the nation's capital. >> o'donnell: good evening and thank you so much for joining us. we want to begin with the new federal rule for all americans who work for companies with 100 or more employees. it says get vaccinated against covid by january 4, two months from today, or face weekly covid testing. it was an idea from president biden first raised in september and osha at the labor department made it official today. tonight there are republican governors in a number of states saying they will file lawsuits against the requirement arguing its federal overreach. and the national retail federation is calling the requirement burdensome on retailers during the crucial holiday season. one thing is clear tonight, the pandemic is far from over. cases are rising or holding steady in at least 34 states, an average of more than 40,000 americans are being treated for covid in hospitals each day. carter evans will lead off coverage in l.a. as a new vaccination mandate is in effect tonight. good evening, carter. >> reporter: right the one mandate went into effect today, but tonight we're learning florida governor ron desantis says white house plan to requirr tested once a week is unconstitutional, and he's suing. tonight, tough new vaccine measures that are expected to impactle 4 million -- impact 84 million workers. the labor department is requiring employers with 100 or more employees to get workers fully vaccinated or test them for covid at least once a week. unvaccinated workers must also wear a face mask in the workplace. employers who fail to comply by january 4 could be fined nearly $14,000 per violation. >> thank you for joining us -- >> reporter: but at a committee hearing in washington today some senators blasted the idea of more rules to fight covid. >> back away from mandates. educate, encourage, inform. don't be divisive. >> reporter: in san francisco, officials are moving forward with plans to extend the city's indoor proof of vaccination requirements to children five to eleven years old. that age group became eligible for pfizer's kid-size vaccine this week. san francisco already has a man date in place requiring everyone 12 and up to prove their vaccination status before entering places like restaurants, gyms and sporting events. >> guys, how are you? need to see proof of vaccination please. >> reporter: a similar man date began today in l.a. county. customers in indoor bars, nightclubs have to show proof of vaccination or remain outside. alex manos in the tavern in hollywood. >> it's hard to tell somebody, because of your medical choice, you can not come in here and eat pizza or eat wings or have a beer or watch a game. >> reporter: so you have to become enforcers. >> at this point, yes. >> reporter: whether you like it or not. >> yes, as a business owner, turning customers away is not what we want to do, ever. >> reporter: well, starting next week, almost all los angeles businesses will require -- be required to check for vaccination status and there will likely be pushback. this is a fast food chain here on the west coast, in and out. in some of their locations in northern, california, they refused to check vaccine cards, opting instead to close their dining room for everyone. norah. >> o'donnell: carter evans, thank you. tonight there are accusations of discrimination as the racially charged ahmaud arbery murder trial gets underway with eleven white jurors and just one black juror. omar villafranca is at the courthouse in brunswick, georgia. >> reporter: the nearly all-white jury will hear opening statements in the trial of the three men accused of murdering 25-year-old ahmaud arbery. arbery's mother wanda cooper jones says prosecutors told her their case is strong. >> they have lots and lots of evidence. they're really not satisfied with the jury that has been selected, but they're sure that the evidence will prevail. >> reporter: defense attorneys struck eleven of the twelve black jurors from the final pool which even raised eyebrows from the bring 150 *euding judge timothy walmsley. >> this court found there appears to be intentional discrimination in the panel. >> reporter: but the judge said he'll allow the current jury to proceed because, by state law, there were other valid reasons for why the jurors were dismissed. lee merritt is an attorney for the arbery family. >> there was a thumb put on the scales of justice by the defense to get a jury they thought would be more favorable for their clients. that's normal, but to use racial discrimination to do so, it shouldn't be allowed. >> reporter: investigators say arbery was out jogging in february of last year when he was chased down, shot and killed. the men said they thought arbery was a burglary suspect and shot him in self-defense. police arrested the shooter, travis mcmichael, his father gregory mcmichael, and their neighbor william roddie bryan, the man who recorded the video. >> i'm hoping that, even though we have eleven whites and one black that they will be able to review all evidence and come out with a guilty verdict. >> reporter: this trial is expected to last several weeks. the mcmichaels and roddy bryan are also facing federal hate crime charges in a case that will head to court early next year. norah. >> o'donnell: omar villafranca, thank you. tonight, promising news about a vaccine aimed at preventing curving cal cancer which kills more than 4,000 women in the u.s. every year. research rps from britain say the surgery was 87% lower in vaccinated women than those who were not vaccinated. let's bring in dr. jon lapook. h.p.v., the most commonly sexually transmitted infection. how important is it to get this vaccine? >> it's very important. as you point out, norah, it's extremely a prevalent type of infection. about 90% of the time the infection resolves on its own but in the other 10% the virus can stay inside you and end up causing cancer. the hypothesis was if you could prevent the virus in the first place you could prevent serving cal cancer from developing and they're showing today in fact it does. >> o'donnell: wow, a vaccine that prevents cancer, it's risk. the h.p.v. vaccine recommended for children ages 11, 12, even as young as 9. what's the idea behind giving it so early. >> one, it's a treatment, so you have to give it before somebody is sexually active. also, turns out this vaccine works better, elicits a stronger immune response when given at a younger age. it's for boys, too. boys cannot only get infected and spread it to girls but they themselves can develop cancer of the tons also, tongue and the genital regions. so we can have vaccines to prevent deadly childhood illnesses and one to now prevent cancer. researchers calling this historic. dr. jon lapook, thank you. it's still autumn but for 31 people from oklahoma to washington, d.c., feels more like winter. frost alerts are posted for many places, will mean the end of the growing season. temperatures are running 10 to 15 degrees below normal for this time of year. warmer weather is expected this weekend. all right, tonight, nearly ten months into joe biden's presidency, his build back better plan unveiled before his inauguration appears to be headed for a vote in the house. let's get the latest from kris van cleave on capitol hill. movement? >> reporter: new momentum towards passing president biden's $1.75 trillion social spending plan and that vote could come as soon as tonight, if democrats are able to line up enough votes to pass it. now, tuesday was really a wakeup call for the party, the loss in v.a., the narrow victory in new jersey has galvanized democrats to do something ahead of next year's midterms. taking a look at what's currently inside the house bill. hundreds of billions dollars to address climate change, extension of the child tax credit. yiewferlts pre-k and prescription drug pricing reform. not in this bill, tuition-free community college, clean energy standards as well as expanding medicare to cover dental and vision. immigration reforms remains a question mark, investigations ongoing. speaker pelosi added back family leave, something senator joe manchin opposes. so becomes clear whenever the senate gets the bill, they're going to change it. norah. >> o'donnell: kris van cleave, thank you so much. who ok athelent nushdn't go to jail for e ol because stles white, blonde, has a good job, sentenced today to two years. jennifer ryan hit with fines. she posted it was one to have the best days of her life at the time. today in court, she apologized saying this does not resemble who i am. 650 people have been charged for involvement in the riot. tonight a warning from the f.a.a., get unraul on a plane and you could face not just a fine but criminal prosecution. that's right, 37 cases were netted to the f.b.i. for criminal review out of more than 5,000 incidents of bad behavior reported this year, many cases involving face mask regulations and this week prosecutors charged a california man with punch a flight attendant in the face during a ame flight last m. the largest resentment of refugees in this country since the fall of saigon in 1975. tonight more than 50,000 refugees from afghanistan are awaiting resentment resettlement. 14,000 including children are starting new lives here in the u.s. natalie brand tells us one family's story. >> reporter: the ramazani siblings appear to be completely at ease living with their extended family in texas. >> it's beautiful. beautiful. >> reporter: a world away from the pain and trauma they left behind in afghanistan. hajar is the oldest injured by an i.u.d. as a -- i.e.d. as a child, their mother was killed in august as they tried to flee. she says the situation was horrible and tries not to remember it. the children came to houston in early september, the same airport where their cousin dave ali arrived as a refugee as age 13. >> at first, it was not easy for us because i didn't know the culture or the language, i was just like them. >> o'donnell: ali and his siblings now paying it forward to the next generation. you don't have children. >> no. >> reporter: suddenly, you have four. >> yes, big ones. >> reporter: the children arrive with just a few belongings. everything in here is new. >> yeah. >> reporter: new experiences. wow. >> reporter: from makeovers and a first laptop to school, a first for hajar who didn't go in afghanistan. new classes in a new language. what's your favorite? >> um, i like math. >> reporter: nastaran is learning english and spanish, too ( speaking spanish ) fitting for a country that dave ali describes as a melting pot. >> i have a brother that's a doctor, a sister a psychiatrist and i'm going back to school to finish my accounting degree. we're doing our best to live the american dream, and i hope the kids will do better than us. >> reporter: natalie brand, cbs news, houston. >> o'donnell: and there's a big headline tonight from the global climate summit in scotland, more than 40 countries are planning to phase tout the use of coal power, but the u.s. is not part of that pact. one focus to have the summit has been protecting vulnerable communities from the effects of climate change. in tonight's "eye on america," cbs's ben tracy shows us how climate change is forcing a native american tribe in the pacific northwest to move to higher ground. ( singing ) >> water is a big part of us. we usually sit at the point, usually by that tree. and elizabeth, she sings songs at the point and it helps a lot of people. >> reporter: jaedyn black is a student at the quileute tribal school on the western edge of the olympic peninsula. the tree she mentioned is just barely holding on. the roots is basically exposed and looks like it's about to fall into is it water. >> yeah, that's sad. that tree's been here a long time. >> reporter: the quileute's tribal village, home to about 400 people, is now threatened by the pacific ocean's rising waters due to climate change. storms here are getting more severe, pushing dangerous debris into town and consuming the tribe's land. >> my students used to be able to stand about four feet that way. >> reporter: alice ryan is the science teacher. are you surprised by how quickly this all seems to be happening now? >> it's literally taking parts to have the quileute tribe's land and washing it out to the ocean. >> reporter: the tribe lost land before. it used to call vast swaths of the peninsula home until in the 1800s the u.s. government confined it to about one square mile up against the pacific, land prone to flooding and sue ma'amies. ( siren ) students practice evacuating and fleeing to higher ground, and now with climate change, arriving on the doorstep of their school, the tribe is building a new one on the top to have the hill, far away from those have rising ocean waters. >> it's sad and it's going to be really different because this is where a lot of us grew up. >> reporter: congress gave permission to use national parkland near the new schools for a new tribal village, if the quileute have to abandon dozens of homes near the coast, a fate shared by trains alaska to florida to find themselves forced to relocate. >> i'm not going to move unless mother nature makes me move. >> reporter: ann penn charles has lived on the same street in the lower village her entire life, she says, to honor her and zesters, she will hold out as long as scheck. >> that's the tough tion thing. we don't want to give over our land. we signed over so much land to stay here. >> reporter: and now climate change is taking some of that land away. for "eye on america," ben tracy, lapush, washington. >> o'donnell: tonight on "cbs evening news," what hollywood superstar "the rock" says about using guns on his movie sets. how a quick thinking girl saved a family from carbon monoxide poisoning. ♪ ♪ ♪ ♪ now, get new lower auto rates with allstate. because better protection costs a whole lot less. you're in go hands allat click or call for a lower auto rate today. such tree-mendous views. i'm at a moss for words. you're in go hands allat when a cough tries to steal dad's punchlines, he takes robitussin naturals powered by 100% drug-free ingredients. are you gonna leaf me hanging? soothe your cough naturally. finally getting there... ...is the best! but with febreze freshness in your car... ...driving there is pretty darn good too. enjoy 30 days of freshness with febreze car. wealth is breaking ground on your biggest project yet. worth is giving the people who build it a solid foundation. wealth is shutting down the office for mike's retirement party. worth is giving the employee who spent half his life with you, the party of a lifetime. wealth is watching your business grow. worth is watching your employees grow with it. principal. for all it's worth. in 2016, i was working at the amazon warehouse when my brother passed away. and a couple of years later, my mother passed away. after taking care of them, i knew that i really wanted to become a nurse. amazon helped me with training and tuition. today, i'm a medical assistant and i'm studying to become a registered nurse. in filipino: you'll always be in my heart. >> o'donnell: in kenosha, wisconsin, a juror was removed from the murder trial of kyle rittenhouse today. the juror was kicked out for bias after telling a racist joke to a court deputy about the police shooting of jacob blake. now, that shooting is the one that sparked the demonstration where rittenhouse shot and killed two protesters and wounded another, claiming he was acting in self-defense. dwayne "the rock" johnson is vowing to stop using real guns on his movie sets on the wake of the deadly shooting on the set of alec baldwin's new movie. 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>> i love it. >> reporter: always an intellectual, she says she's never really been athletic but wanted to find a new way to connect with her son. >> my son is his entire belief and i'm a foreign language teacher. >> reporter: featured in free solo documentary. >> she's getting passionate about something and discovering it in middle alien. she's not the fastest or the strongest but she is willing to stick with it for a long long time and keep grinding. >> reporter:. figure you can dream of you want to do you can do it one baby step at a time. >> reporter: proof your peak can be reached at any age with true grit and a firm grip, lilia luciano, cbs news, sacramento, california. >> o'donnell: definitely need that firm grip. we'll be right back. there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ with voltaren arthritis pain gel. my husband's got his moves back. to unveil them to the world. an alternative to pills, voltaren is a non-steroidal anti-inflammatory gel for powerful arthritis pain relief. voltaren, the joy of movement. doesn't your family deserve the best? 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>> that was not the last payment, and he knew that. there was an additional $347.69. >> judge judy: he made almost $7,000 worth of payments on this truck, and you hustled him. >> announcer: "judge judy." you are about to enter the courtroom of you are about to enter the courtroom of judge judith sheindlin. captions paid for by cbs television distribution justin mikalinis and his roommate jennifer clifton are suing justin's ex-brother-in-law robert harper for the return of money paid for a truck, repair costs, and emotional distress. >> byrd: order! all rise! your honor, this is case number 177 on the calendar in the matter of mikalinis/clifton vs. harper. >> judge judy: thank you. >> byrd: you're welcome, judge. parties have been sworn in. you may be seated. have a seat, please. >> judge judy: miss clifton. >> yes. >> judge judy: how are you related to this case? >> i'm his roommate. i was using his truck, while we had it, and it broke down, and i put the money into repair it. >> judge judy: sit down. >> okay. >> judge judy: this whole case is about you. >> okay. >> judge judy: the defendant was your brother-in-law. >> correct. >> judge judy: and you agreed to take over payments on his truck. >> right. >> judge judy: when was that, mr. harper? >> i don't have the exact date, your honor. >> judge judy: give me a month and year. >> june or july of 2014. >> judge judy: and how many years left did you have to go on the loan? >> roughly two and a half years, as far as i know. >> judge judy: is that right? >> no. >> judge judy: did you pay directly to the bank, or did you pay him for the truck? >> i paid it to the truck company. >> judge judy: loan company. and your first payment was when, june of 2014? >> i did it on june, the beginnof