CONGRATULATIONS CLASS OF 2011

"Regulations as the Congress shall make." This power of Congress has rarely been exercised, except to refine the procedures for obtaining Court review of lower court decisions; over the years the trend has been for Congress to allow the Court maximum discretion in deciding whether to accept or reject a case. Of course, the very concept of Congress "allowing" the Court such discretion only reinforces that phrase in Section 2: ". . . supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make." The Court is still beholden to Congress as to what cases it may hear, and under what set of regulations that elected body of representatives drafts and approves. The interpretation of the laws is the proper and peculiar province of the courts. A constitution, is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents. Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power . It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental. It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature . This might as well happen in the case of two contradictory statutes; or it might as well happen in every adjudication upon any single statute. The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body . The observation, if it prove any thing, would prove that there ought to be no judges distinct from that body.

§ 2344. Review of orders; time; notice; contents of petition; service

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                On the entry of a final order reviewable under this chapter, the agency shall promptly give notice thereof by service or publication in accordance with its rules. Any party aggrieved by the final order may, within 60 days after its entry, file a petition to review the order in the court of appeals wherein venue lies. The action shall be against the United States. The petition shall contain a concise statement of— (1) the nature of the proceedings as to which review is sought; (2) the facts on which venue is based; (3) the grounds on which relief is sought; and (4) the relief prayed.

 

SUPREME COURT PLURALITY DECISION (JUSTICE SCALIA) ON FEDERAL CLEAN WATER ACT JURISIDICTION

 

The jurisdictional standard is determined by the terms of the act. In SWANCC, the Supreme Court determined that the act was clear and should be read as written to avoid the constitutional questions raised by a broad interpretation of the act. As written -- If we look at 1251(a), Congress declares that its purpose is to protect the integrity of the Nation's waters. It used that term, Nation's waters. And then in -- in 1251(a)(1), it says it will accomplish this by eliminating the discharge of pollutants into the navigable waters, showing that it knows how to distinguish between all waters and navigable waters. And then in 1251(b), Congress says we will respect and defer to the States' primary responsibility to address local water pollution and to manage local land and water use. So the way that Congress intended to address this issue was to defer to the States to regulate pollutants upstream while Congress -- or while the Federal Government regulates downstream. That's a perfectly rational approach to this national problem. Congress determined that it would defer to the States instead of exercising any further power beyond its channels authority.

TROVERTROVER1TROVER2ORE RESERVE MAP

 

United States Tax Court Rules of
Practice and Procedure

The pages listed below represent the Tax Court Rules of Practice and Procedure in their entirety with all additions and amendments. They are the official files released by the U.S. Tax Court.

Except for the introductory material which is in HTML format, all the other material is in PDF format.

Also at the bottom of this page is a search button to our search engine. From there you can search either the entire U.S. Tax Court section, or all of UncleFed's Tax*Board.

Introduction to the U.S. Tax Court - HTML

Frequently Asked Questions - HTML

Address & Hours of Operation - HTML

Fees & Charges for Filing Petitions - HTML

Search Opinions of the U.S. Tax Court

Download all the Rules in one file . 297 pages; (1.6 megs)


U.S. Tax Court Rules by Title

Title I: Scope of Rules; Rules 1-3
PDF format ; - 2 pages; (92k)
Construction; Effective Date; Definitions.
Rule 1: See New Rules .
Rule 2: Effective Date
Rule 3: Definitions

Title II: The Court. Rules 10-13
PDF format ; 3 pages; (28k)
Rule 10: Name, Office, and Sessions
Rule 11: Payments to Court
Rule 12: Court Records
Rule 13: Jurisdiction

Title III: Commencement of Case; Service and Filing of Papers: Form and Style of Papers; Appearance and Representation; Computation of Time. Rules 20-25
PDF format ; 9 pages; (48k)
Rule 20: Commencement of Case
Rule 21: Service of Papers
Rule 22: Filing
Rule 23: Form & Style of Papers
Rule 24: Appearance & Representation
Rule 25: Computation of Time

Title IV: Pleadings. Rules 30-41
PDF format ; 10 pages; (491k)
Rule 30: Pleadings Allowed
Rule 31: General Rules of Pleading
Rule 32: Form of Pleadings
Rule 33: Signing of Pleadings
Rule 34: Petition
Rule 35: Entry on Docket
Rule 36: Answer:
Rule 37: Reply
Rule 38: Joinder of Issue
Rule 39: Pleading Special Matters
Rule 40: Defenses and Objections Made by Pleading or Motion
Rule 41: Amended and Supplemental Pleadings

Title V: Motions. Rules 50-58
PDF format ; 10 pages; (48k)
Rule 50: General Requirements
Rule 51: Motion for More Definitive Statement
Rule 52: Motion to Strike
Rule 53: Motion to Dismiss
Rule 54: Timely Filing & Joinder of Motions
Rule 55: Motion to Restrain Assessment or Collection
Rule 56: Motion for Review of Jeopardy Assessment or Jeopardy Levy
Rule 57: Motion for Review of Proposed Sale of Seized Property
Rule 58: Miscellaneous

Title VI: Parties. Rules 60-63
PDF format ; 3 pages; (31k)
Rule 60: Proper Parties; Capacity
Rule 61: Permissive Joinder of Parties
Rule 62: Misjoinder of Parties
Rule 63: Substitution of Parties: Change or Correction in Name

Title VII: Discovery. Rules 70-76
PDF format ; 12 pages; (57k)
Rule 70: General Provisions
Rule 71: Interrogatories
Rule 72: Production of Documents and Things
Rule 73: Examination by Transferees
Rule 74: Depositions for Discovery Purposes - Upon Consent of Parties
Rule 75: Depositions for Discovery Purposes - Without Consent of Parties
              in Certain Cases
Rule 76: Deposition of Expert Witnesses

Title VIII: Depositions. Rules 80-85
PDF format ; 12 pages; (52k)
Rule 80: General Provisions
Rule 81: Depositions in Pending Case
Rule 82: Depositions Before Commencement of Case
Rule 83: Depositions After Commencement of Trial
Rule 84: Deposition Upon Written Questions
Rule 85: Objections, Errors, and Irregularities

Title IX: Admissions and Stipulations. Rules 90-92
PDF format ; 7 pages; (40k)
Rule 90: Requests for Admission
Rule 91: Stipulation for Trial
Rule 92: Cases Consolidated for Trial

Title X: General Provisions Governing Discovery, Depositions, and Requests for Admissions. Rules 100-104
PDF format ; 5 pages; (30k)
Rule 100: Applicability
Rule 101: Sequence, Timing, & Frequency
Rule 102: Supplementation of Responses
Rule 103: Protective Orders
Rule 104: Enforcement Actions & Sanctions

Title XI: Pretrial Conferences. Rule 110
PDF format ; 1 page; (19k)
Rule 110: Pretrial Conferences

Title XII: Decision Without Trial. Rules 120-124
PDF format ; 5 pages; (36k)
Rule 120: Judgment on the Pleadings
Rule 121: Summary Judgment
Rule 122: Submission Without Trial
Rule 123: Default & Dismissal
Rule 124: Voluntary Binding Arbitration

Title XIII: Calendars and Continuances. Rules 130-133
PDF format ; 2 pages; (23k)
Rule 130: Motions & Other Matters
Rule 131: Trial Calendars
Rule 132: Special or Other Calendars
Rule 133: Continuances

Title XIV: Trials. Rules 140-152
PDF format ; 12 pages; (53k)
Rule 140: Place of Trial
Rule 141: Consolidation; Separate Trials
Rule 142: Burden of Proof
Rule 143: Evidence
Rule 144: Exceptions Unnecessary
Rule 145: Exclusion of Proposed Witnesses
Rule 146: Determination of Foreign Law
Rule 147: Subpoenas
Rule 148: Fees and Mileage
Rule 149: Failure to Appear or to Adduce Evidence
Rule 150: Record of Proceedings
Rule 151: Briefs
Rule 152: Oral Findings of Fact or Opinion

Title XV: Decision. Rules 155-157
PDF format ; 2 pages; (23k)
Rule 155: Computation by Parties for Entry of Decision
Rule 156: Estate Tax Deduction Developing At or After Trial
Rule 157: Motion to Retain File in Estate Tax Case Involving Section 6166;
               Election

Title XVI: Post-Trial Proceedings. Rules 160-163
PDF format ; 1 pages; (18k)
Rule 160: Harmless Error
Rule 161: Motion for Reconsideration of Findings or Opinion
Rule 162: Motion to Vacate or Revise Decision
Rule 163: No Joinder of Motions Under Rules 161 & 162

Title XVII: Small Tax Cases. Rules 170-179
PDF format ; 3 pages; (31k)
Rule 170: General
Rule 171: Election of Small Tax Case Procedure
Rule 172: Representation
Rule 173: Pleadings - See Notice of Proposed Amendments
Rule 174: Trial
Rule 175: Number of Copies of Papers

Title XVIII: Special Trial Judges. Rules 180-183
PDF format ; 3 pages; (28k)
Rule 180: Assignment
Rule 181: Powers and Duties
Rule 182: Cases in Which the Special Trial Judge Is Authorized To Make
               the Decision - AMENDED: See New Rules .
Rule 183: Other Cases - AMENDED: See New Rules .

Title XIX: Appeals. Rules 190-193
PDF format ; 2 pages; (29k)
Rule 190: How Appeal Taken
Rule 191: Preparation of the Record on Appeal
Rule 192: Bond to Stay Assessment & Collection
Rule 193: Appeals from Interlocutory Orders

Title XX: Practice Before the Court. Rules 200-202
PDF format ; 6 pages; (425k)
Rule 200: AMENDED: See New Rules
Rule 201: Conduct of Practice Before the Court
Rule 202: AMENDED: See New Rules

Title XXI: Declaratory Judgements. Rules 210-218
PDF format ; 16 pages; (69k)
Rule 210: General
Rule 211: Commencement of Action for Declaratory Judgment
Rule 212: Designation of Place for Submission to the Court
Rule 213: Other Pleadings
Rule 214: Joinder of Issue in Action for Declaratory Judgment
Rule 215: Joinder of Parties
Rule 216: Intervention in Retirement Plan Actions
Rule 217: Disposition of Actions for Declaratory Judgment
Rule 218: Procedure in Actions Heard by a Special Trial Judge of the
               Court

Title XXII: Disclosure Actions. Rules 220-229A
PDF format ; 13 pages; (44k)
Rule 220: General
Rule 221: Commencement of Disclosure Action
Rule 222: Designation of Place of Hearing
Rule 223: Other Pleadings
Rule 224: Joinder of Issue
Rule 225: Intervention
Rule 226: Joinder of Parties
Rule 227: Anonymous Parties
Rule 228: Confidentiality
Rule 229: Burden of Proof
Rule 229A: Procedure in Actions Heard by a Special Trial Judge of the
               Court

Title XXIII: Claims for Litigation and Administrative Costs. Rules 230-233
PDF format ; 7 pages; (39k)
Rule 230: General
Rule 231: Claims for Litigation & Administrative Costs
Rule 232: Disposition of Claims for Litigation & Administrative Costs
Rule 233: Miscellaneous

Title XXIV: Partnership Actions. Rules 240-251
PDF format ; 16 pages; (51k)
Rule 240: General
Rule 241: Commencement of Partnership Action
Rule 242: Designation of Place of Trial
Rule 243: Other Pleadings
Rule 244: Joinder of Issue in Partnership Action
Rule 245: Intervention & participation
Rule 246: Service of Papers
Rule 247: Parties
Rule 248: Settlement Agreements
Rule 249: Action for Adjustment of Partnership Items Treated as Action for
               Readjustment of Partnership Items
Rule 250: Appointment & Removal of the Tax Matters Partner
Rule 251: Decisions

Title XXV: Supplemental Proceedings. Rules 260-262
PDF format ; 6 pages; (38k)
Rule 260: Proceeding to Enforce Overpayment
Rule 261: Proceeding to Redetermine Interest
Rule 262: Proceeding to Modify Decision in Estate Tax Case Involving
               Section 6166 Election

Title XXVI: Actions for Administrative Costs. Rules 270 - 274
PDF format ; 5 pages; (34k)
Rule 270: General
Rule 271: Commencement of Action for Administrative Costs
Rule 272: Other Pleadings
Rule 273: Joinder of Issue in Action for Administrative Costs
Rule 274: Applicable Small Case Rules

Title XXVII: Actions for Review of Failure to Abate Interest Rules 280 - 284
PDF format ; 5 pages; (27k)
Rule 280: General
Rule 281: Commencement of Action for Review of Failure to Abate Interest
Rule 282: Designation of Place of Trial
Rule 283: Other Pleadings
Rule 284: Joinder of Issue in Action for Review of Failure to Abate Interest

Title XXVIII: Actions for Redetermination of Employment Status Rules 290 - 294
PDF format ; 4 pages; (29k)
Rule 290: General
Rule 291: Commencement of Action for Redetermination of Employment
               Status
Rule 292: Designation of Place of Trial
Rule 293: Other Pleadings
Rule 294: Joinder of Issue in Actions for Redetermination of Employment
               Status

Title XXIX: Large Partnership Actions Rules 300 - 305
PDF format ; 6 pages; (38k)
Rule 300: General
Rule 301: Commencement of Large Partnership Action
Rule 302: Designation of Place of Trial
Rule 303: Other Pleadings
Rule 304: Joinder of Issue in Large Partnership Actions
Rule 305: Action for Adjustment of Partnership Items of Large Partnership
               Treated as Action for Readjustment of Partnership Items of
               Large Partnership

Title XXX: Actions for Declaratory Judgment Relating to Treatment of Items Other Than Partnership Items With Respect to an Oversheltered Return Rules 310 - 316
PDF format ; 4 pages; (30k)
Rule 310: General
Rule 311. Commencement of Action for Declaratory Judgment
               (Oversheltered Return)
Rule 312: Designation of Place of Trial
Rule 313: Other Pleadings
Rule 314: Joinder of Issue in Action for Declaratory Judgment
               (Oversheltered Return)
Rule 315: Disposition of Action for Declaratory Judgment (Oversheltered
               Return)
Rule 316: Action for Declaratory Judgment (Oversheltered Return) Treated
               as Deficiency Action

Title XXXI: Actions for Determination of Relief From Joint and Several Liability on a Joint Return Rules 320 - 325
PDF format ; 4 pages; (31k)
Rule 320: General
Rule 321: Commencement of Action for Determination of Relief From Joint
               and Several Liability on a Joint Return
Rule 322: Designation of Place of Trial
Rule 323: Other Pleadings
Rule 324: Joinder of Issue in Action for Determination of Relief From Joint
               and Several Liability on a Joint Return
Rule 325: Notice and Intervention

Title XXXII: Lien and Levy Actions Rules 330 - 334
PDF format ; 3 pages; (28k)
Rule 330: General
Rule 331: Commencement of Lien and Levy Action
Rule 332: Designation of Place of Trial
Rule 333: Other Pleadings
Rule 334: Joinder of Issue in Lien and Levy Actions

Appendix I: Forms:
PDF format ; 15 pages; (211k)
Petitions; Entry of Appearance; Substitution of Counsel;
Designation of Place of Trial; Subpoena; Application for Order
to Take Deposition; Certificate on Return; Notice of Appeal to
Court of Appeals; Certificate of Service; Notices of Elections;
Petition for Administrative Costs

Appendix II: Fees and Charges
PDF format ; 1 page; (17k)
(See Rules 148, !90(a),and 200(i))

Appendix III: Places of Trial
PDF format ; 2 page; (21k)
(See Rules 140 and 177)

Index to Tax Court Rules
PDF format ; 48 pages; (73k)
References are to the Rule Number.

NEW RULES - EFFECTIVE SEPTEMBER 20, 2005
PDF format ; 8 pages; (99k)
This file which has all the new rules: 1, 182, 183, 200, and 202.

Click Here to Search Opinions of the U.S. Tax Court

Federal Rules of Bankruptcy Procedure (2010)

(incorporating the revisions that took effect Dec. 1, 2010)

Note: please see Interim Rules and Official Forms Implementing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

PART I. COMMENCEMENT OF CASE: PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF

PART II. OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS

PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS

PART IV. THE DEBTOR: DUTIES AND BENEFITS

PART V. BANKRUPTCY COURTS AND CLERKS

PART VI. COLLECTION AND LIQUIDATION OF THE ESTATE

PART VII. ADVERSARY PROCEEDINGS

PART VIII. APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL

PART IX. GENERAL PROVISIONS

PART X. UNITED STATES TRUSTEES [ABROGATED]

PART I. COMMENCEMENT OF CASE: PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF

PART II. OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS

PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS

PART IV. THE DEBTOR: DUTIES AND BENEFITS

PART V. BANKRUPTCY COURTS AND CLERKS

PART VI. COLLECTION AND LIQUIDATION OF THE ESTATE

PART VII. ADVERSARY PROCEEDINGS

PART VIII. APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL

PART IX. GENERAL PROVISIONS

PART X. UNITED STATES TRUSTEES [ABROGATED]

DC Personnel Regulations, Chapter 6, Part I

Rules and Regulations of the Office of Employee Appeals

Contents

Section No. Heading
600 General
601 Organizational Structure
602 Scope of Rules
603 Computation of Time
604 Jurisdiction
605 Notice of Appeal Rights
606 Arbitration
607 Mediation and Conciliation Program
608 Filing Requirements
609 Content of Petition for Appeal
610 Answer
611 Motions
612 Consolidation and Joinder
613 Representation
614 Intervention
615 Substitution
616 Summary Disposition
617 Interlocutory Appeals
618 Discovery
619 Subpoenas
620 Administrative Judges
621 Disqualification of Administrative Judge
622 Sanctions
623 Ex Parte Communications
624 Pre-Hearing Conferences
625 Evidentiary Hearings
626 Recording and Transcripts
627 Presentation of Evidence or Witnesses
628 Witnesses
629 Burden of Proof
630 Closing the Record
631 Reopening the Record; Termination of Jurisdiction
632 Initial Decision
633 Finality of Decision
634 Petitions for Review
635 Attorney Fees
636 Compliance and Enforcement

.

600 General

600.1 The Office of Employee Appeals (Office) is an independent administrative adjudicatory agency created by the District of Columbia Government Comprehensive Merit Personnel Act of 1978, D.C. Code § 1-606.1 et seq. The jurisdiction of the Office is set forth in Rule 604.

..

601 Organizational Structure

601.1 The Board of the Office (Board) is composed of five (5) members appointed by the Mayor and confirmed by the District of Columbia Council. Three (3) members of the Board shall constitute a quorum for the transaction of official business and the issuance of rules and regulations.

601.2 The Mayor designates a Chairperson of the Board to serve as the Chief Executive of the Office.

601.3 The Mayor designates a Vice Chairperson of the Board. In the absence or disability of the Chairperson, or when the position of Chairperson is vacant, the Vice Chairperson performs the functions vested in the Chairperson.

601.4 The Executive Director is the administrator of the Office and serves as its chief personnel officer.

601.5 The General Counsel, with the assistance of the Deputy General Counsel, provides legal advice to the Board and the Office staff, prepares opinions and orders as directed by the Board, assists in the enforcement of orders pursuant to law, and represents the Office before the Courts.

601.6 Administrative Judges, subject to the provisions of these rules, adjudicate appeals filed before the Office.

..

602 Scope of Rules

602.1 These rules govern the procedure for deciding cases filed before the Office. These rules shall be applied to promote justice, fairness, and economy.

602.2 These rules shall apply to all appeals filed on or after their effective date and to all appeals then pending final disposition in the Office.

602.3 The Board may revoke or amend a rule as it applies generally to all cases in accordance with applicable procedures of the District of Columbia Administrative Procedure Act. The Board or an Administrative Judge may waive a rule in an individual case for good cause shown, if application of the rule is not required by statute.

602.4 In the event of a conflict between these rules and a provision of a statute, the statutory provision shall govern. In the event of a conflict between these rules and rules or regulations adopted by another District agency, department, office or board, these rules shall govern.

..

603 Computation of Time

603.1 In the computation of time periods which involve business days, the first day counted shall be the next business day following the day the event occurs from which the time period begins to run. In the computation of time periods which involve calendar days, the first day counted shall be the next calendar day following the day the event occurs from which the time period begins to run. For calendar days, if the last day of the time period is a Saturday, Sunday, or legal holiday, the period shall be extended to the end of the next business day.

603.2 If a party has a right or duty to act or proceed within a prescribed period after service of a notice or other document upon him or her, three (3) calendar days shall be added to the prescribed period whenever the document or notice is served upon the party by mail.

..

604 Jurisdiction

604.1 Effective October 21, 1998, and except as otherwise provided in the District of Columbia Government Comprehensive Merit Personnel Act of 1978, D.C. Code § 1-601.1 et seq. or Rule 604.2 below, any District of Columbia government employee may appeal a final agency decision affecting:

(a) A performance rating which results in removal of the employee;

(b) An adverse action for cause that results in removal, reduction in grade, or suspension for ten (10) days or more; or

(c) A reduction-in-force.

604.2 An appeal filed pursuant to Rule 604.1 must be filed within thirty (30) days of the effective date of the appealed agency action.

604.3 The Office shall exercise jurisdiction over appeals filed with the Office before October 21, 1998 by an employee appealing a final agency decision that:

(a) Denies his or her appeal of a performance evaluation;

(b) Effects an adverse action against him or her;

(c) Releases him or her through reduction-in-force procedures;

(d) Resolves a grievance;

(e) Refuses to grant a waiver of the District's claim for an erroneous overpayment to an employee;

(f) Denies his or her appeal regarding records management and privacy of records; or

(g) Denies his or her classification appeal.

604.4 An appeal filed before October 21, 1998 must have been filed within fifteen (15) business days of the effective date of the appealed agency action.

604.5 Within forty-five (45) business days of the date the appeal is filed, an Administrative Judge shall determine whether the Office has jurisdiction to review it.

..

605 Notice of Appeal Rights

605.1 When an agency issues a final decision to an employee on a matter appealable to the Office, the agency shall at the same time provide the employee with:

(a) Notice of the Employee§s right to appeal to the Office;

(b) A copy of the rules of the Office;

(c) A copy of the appeal form of the Office;

(d) Notice of applicable rights to appeal under a negotiated review procedure; and

(e) Notice of the right to representation by a lawyer or other representative authorized by the rules.

..

606 Arbitration

606.1 Apart from any rights under a collective bargaining agreement, the parties may agree to arbitrate a dispute rather than have the Office adjudicate it.

606.2 An agreement to arbitrate must be reached within thirty (30) business days of the date that the employee files a petition for appeal with the Office. If the parties fail to reach an agreement to arbitrate within this period, the Office shall proceed to adjudicate the matter.

606.3 Within ten (10) business days of the date that the parties submit a written agreement to arbitrate their dispute, the Office shall dismiss the appeal and forward the matter to the American Arbitration Association pursuant to D.C. Code § 1-606.7.

..

607 Mediation and Conciliation Program

607.1 The Office shall exert every possible effort to resolve matters by mediation and conciliation, to the extent possible, rather than through litigation.

607.2 The Executive Director shall designate a Senior Administrative Judge to implement the mediation and conciliation program of the Office.

607.3 The Senior Administrative Judge responsible for mediation and conciliation shall review the appeals pending in the Office and assign cases where there is a reasonable likelihood of settlement to the mediation and conciliation docket.

607.4 Any party may file a request for mediation and conciliation with the Office which, upon the consent of all parties, shall place the matter on the mediation and conciliation docket.

607.5 The Senior Administrative Judge responsible for mediation and conciliation shall assign the matter to a mediator who shall promptly convene a conference for the purpose of attempting to reach a voluntary resolution of the appeal. The Administrative Judge assigned to an appeal may not serve as mediator on that appeal. A mediator may not be called as a witness in any proceeding concerning matters raised in a case to which he or she is assigned to attempt mediation or conciliation.

607.6 The employee and his or her representative shall attend the conference. A representative of the agency with authority to approve a settlement by the agency shall either attend the conference or be available by telephone at the time set for and throughout the conference. The parties shall engage in good-faith discussion to resolve the matter.

607.7 If the mediator finds that a party has failed to engage in settlement discussions in good faith (including a failure to have available a representative with authority to settle), the mediator shall submit such a finding to the Senior Administrative Judge supervising the mediation and conciliation docket, who may enter such sanctions against the party as may be appropriate to further the objectives of the mediation and conciliation program.

607.8 The discussions at the conference and the offers of the parties shall be confidential and may not be offered or received into evidence or otherwise disclosed in subsequent adjudication or litigation.

607.9 Upon the failure of the parties to reach settlement through mediation and conciliation, the Senior Administrative Judge shall refer the matter to the assigned Administrative Judge for adjudication.

607.10 If the parties reach settlement, the matter shall be dismissed in accordance with D.C. Code § 1-606.6(b).

..

608 Filing Requirements

608.1 An employee shall initiate an appeal by filing a petition for appeal with the Office.

608.2 The Office shall promptly send a copy of the petition for appeal to the agency, and the agency shall file an answer within thirty (30) calendar days of the service of the petition for appeal.

608.3 The date of filing shall be determined by the date of receipt by the Office.

608.4 Filing of a petition for appeal and a petition for review must be made by personal delivery at the Office between 9:00 A.M. and 4:30 P.M., Monday through Friday, or by mail addressed to the Office.

608.5 The employee must file with the Office one (1) original and two (2) copies of the petition for appeal (including the documents required by Rule 609).

608.6 Filing of pleadings and documents, other than a petition for appeal, or a petition for review filed pursuant to Rule 634, may be made as prescribed in Rule 608.4, or by facsimile transmission during normal business hours.

608.7 The parties shall serve on each other one copy of each document filed with the Office other than the petition for appeal. A party may effect such service by mailing or by personally delivering to each other party a copy of the document submitted to the Office. Each document must be accompanied by a certificate of service specifying how, when, and on whom service was made.

..

609 Content of Petition for Appeal

609.1 A petition for appeal may be filed on a form approved by the Office.

609.2 A petition for appeal made without use of the form of the Office shall be in writing and contain the following information:

(a) The name of the employee and the name of the agency which took the action;

(b) The type and the effective date of the action taken by the agency;

(c) The name, address, and telephone number of the employee's representative, if any;

(d) The employee's address and telephone number;

(e) A copy of the agency's notice of final decision;

(f) A statement as to whether the employee or anyone acting on his or her behalf has filed an appeal under any negotiated review procedure pursuant to a collective bargaining agreement, or has filed a complaint with any other agency regarding this matter;

(g) The identity of the collective bargaining unit (if any) of which employee is a member; and

(h) The signature of the employee and his or her representative, if any.

609.3 Along with the petition for appeal, the employee shall also submit the following information:

(a) A statement as to whether the employee requests an evidentiary hearing or oral argument;

(b) A concise statement of the facts giving rise to the appeal;

(c) An explanation as to why the employee believes the agency's action was unwarranted; and

(d) A statement of the specific relief the employee is requesting.

609.4 The Office shall not consider the filing of a petition for appeal complete until the employee provides all the information required under Rule 609.2 and 609.3.

609.5 An employee's failure to include a complete address, or to advise the Office of a change in address, shall constitute a waiver of any right to notice and service, and may result in the appeal being dismissed.

609.6 The Administrative Judge may allow an employee to amend the appeal unless the Administrative Judge determines that to do so would prejudice the rights of another party or unduly delay the proceedings.

..

610 Answer

610.1 An agency§s answer in which the allegations of a petition are contested shall contain the following:

(a) The name of the employee and the agency which took the action;

(b) The OEA matter number assigned to the appeal;

(c) A statement of the appealed action the agency took against the employee and the reason(s) therefor;

(d) A specific response to each allegation of the petition admitting, denying, or explaining each in whole or in part. The Administrative Judge may assume that the agency concedes as fact an allegation in employee§s petition that the agency does not specifically explain or deny in the answer;

(e) All documents contained in the agency record of the proceeding;

(f) A request for an evidentiary hearing or oral argument, if desired; and

(g) The designation of, and signature by, the authorized agency representative. If the agency fails to designate a representative, the Office shall regard the agency director as the representative.

610.2 If the agency elects not to contest the allegations of fact set forth in the petition, the answer shall consist of a statement that the agency admits all of the material allegations to be true. Such an answer shall constitute a waiver of the right to present evidence or testimony contradicting the admitted facts. However, the right to further participation in the proceedings shall continue and questions of law may be addressed.

610.3 Failure by the agency to file an answer within the time limit set forth in Rule 608.2 shall constitute a default, and the Administrative Judge may, without further notice, render an appropriate decision.

..

611 Motions

611.1 Except where the Administrative Judge permits an oral motion hearing, motions shall be written, filed with the Office, and served upon the parties in accordance with Rule 608.7.

611.2 Motions shall state the particular order, ruling, or action requested and the grounds and authority therefor.

611.3 No later than ten (10) calendar days after the service of a motion, or within such time as the Administrative Judge may direct for good cause shown, the opposing party may serve and file an answer to the motion. The moving party shall have no right to reply, except as permitted by the Administrative Judge. No oral argument will be heard on motions unless the Administrative Judge directs otherwise. Written briefs may be filed with motions and with answers thereto.

..

612 Consolidation and Joinder

612.1 If an employee has two or more appeals pending before the Office, the Administrative Judge may consolidate the appeals and adjudicate them as one action.

612.2 If two or more employees have appeals involving similar or identical issues pending before the Office, the Administrative Judge may join the appeals for adjudication as one action.

612.3 The Administrative Judge may consolidate or join appeals on his or her own motion, or on the motion of a party, if to do so would:

(a) Expedite processing of the cases; and

(b) Not adversely affect the interests of the parties.

612.4 At any time and on such terms as are just, the Administrative Judge may sever appeals consolidated or joined under these rules and proceed with each appeal separately.

..

613 Representation

613.1 In any proceeding before the Office, the employee may appear on his or her own behalf, through an attorney, through a union representative or through any other competent individual.

613.2 The agency may appear before the Office only through counsel or an individual acting in a representative capacity. If the agency fails to designate a representative, the Office shall regard the agency director as the representative.

613.3 Except where the agency director is the agency representative, no person may participate in a representative capacity before the Office until:

(a) The party submits a signed written statement authorizing such representation; and

(b) The representative submits a signed written statement which contains his or her name, address and telephone number, and which certifies that he or she is available and willing to represent the party's interest.

..

614 Intervention

614.1 Any person or District of Columbia government agency may seek to intervene in an appeal by filing a motion. The motion shall state why the person or agency believes intervention is warranted. After allowing the original parties a reasonable period of time in which to respond, the Administrative Judge may permit the movant to intervene if the movant has an interest that may be affected by the final disposition of the case and the movant§s:

(a) Interest will not be represented by the existing parties;

(b) Participation may reasonably be expected to assist in the development of a proper record; and

(c) Participation will not broaden the issues, resulting in prejudicial delay of the proceeding.

614.2 An intervener shall be considered a full party to the proceedings and shall have the same rights and duties as a party, except that the intervener:

(a) Shall not have an independent right to a hearing;

(b) May participate only on the issues affecting them as determined by the Administrative Judge; and

(c) Shall have no right to an award of attorney fees under Rule 635.

..

615 Substitution

615.1 If an employee dies while the appeal is pending before the Office, and the interest of the deceased employee has not terminated because of the death, the Administrative Judge, upon moti7on, may order substitution of the proper parties. A motion for substitution shall be made within ninety (90) calendar days after the death of the employee.

615.2 If an employee becomes incompetent by reason of mental or physical infirmity, the Administrative Judge, upon motion, may allow the appeal to be continued by the employee's representative.

615.3 When an agency's interest in the appeal is transferred to another District agency, the Administrative Judge may:

(a) Allow the appeal to continue against the original agency;

(b) Order the substitution of the successor agency; or

(c) Join the successor agency with the original agency.

..

616 Summary Disposition

616.1 If, upon examination of the record in an appeal, it appears to the Administrative Judge that there are no material and genuine issues of fact, that a party is entitled to a decision as a matter of law, or that the appeal fails to state a claim upon which relief can be granted, the Administrative Judge may, after notifying the parties and giving them an opportunity to submit additional evidence or legal argument, render a summary disposition of the matter without further proceedings.

616.2 An Administrative Judge may render a summary disposition either sua sponte, after notice under Rule 616.1, or upon motion of a party.

616.3 An order granting summary disposition shall conform to the requirements for initial decisions set forth in Rule 632.

..

617 Interlocutory Appeals

617.1 An interlocutory appeal is an appeal to the Board of a ruling made by an Administrative Judge during the course of a proceeding. The Administrative Judge may permit this appeal if he or she determines that the issue presented is of such importance to the proceeding that it requires immediate consideration by the Board. The Board shall make a decision on the issue and the Administrative Judge shall proceed in accordance with that decision.

617.2 A party seeking review by interlocutory appeal must file a motion for certification within five (5) business days of service of the Administrative Judge's determination. The motion shall include arguments in support of both the certification and the determination to be made by the Board.

617.3 The Administrative Judge shall grant or deny a motion for certification. If certification is granted, the record shall be referred to the Board.

617.4 At the discretion of the Administrative Judge, the proceeding may be stayed during the time an interlocutory appeal is pending. The Board may stay a proceeding during the time an interlocutory appeal is pending.

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618 Discovery

618.1 Parties may obtain discovery by one (1) or more of the following methods:

(a) Depositions upon oral examination or written questions;

(b) Written interrogatories;

(c) Requests for production of documents or things for inspection and other purposes; and

(d) Requests for admission.

618.2 Unless the Administrative Judge orders otherwise, these methods may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery.

618.3 Unless the Administrative Judge directs otherwise, the parties may obtain discovery regarding any matter not privileged which is relevant to the subject matter involved in the pending appeal. Such information may include the existence, description, nature, custody, condition and location of books, documents, or other tangible things and the identity and location of persons having any knowledge of any discoverable matter. It is not grounds for objection that the information sought will be inadmissible at an evidentiary hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

618.4 The Administrative Judge may limit the frequency or use of discovery if:

(a) The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive;

(b) The party seeking discovery has had ample opportunity by discovery in the appeal to obtain the information sought; or

(c) The discovery is unduly burdensome or expensive, in light of the nature of the case, the relief sought, the limitations on the parties' resources, and the importance of the issues involved in the case.

618.5 The Administrative Judge may deny discovery or make any order which justice requires to protect a party or other person from annoyance, embarrassment, oppression, or undue burden or expense, or to prevent undue delay in the proceeding.

618.6 Discovery may be commenced after the Office notifies the agency that the employee has filed the petition. Unless the Administrative Judge directs otherwise, discovery shall be completed by the date of the pre-hearing conference.

618.7 Discovery matters before the Office are intended to be of a simplified nature. Discovery procedures shall be established by the Administrative Judge as appropriate under the circumstances. Further guidance, however, may be obtained by referring to the District of Columbia Superior Court Rules of Civil Procedure. Such rules should be interpreted as instructive rather than controlling.

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619 Subpoenas

619.1 Application for issuance of a subpoena requiring a person to appear and testify at a specific place and time shall be made in writing to the Administrative Judge. All requests for subpoenas ad testificandum shall clearly identify the person subpoenaed and his or her address and shall be supported by a showing of the relevance and materiality of the testimony sought.

619.2 Application for issuance of a subpoena requiring a person to produce documents (including writings, drawings, graphs, charts, photographs, phone records and other recordings, and other data compilations from which information can be obtained) at a specific time and place shall be made in writing to the Administrative Judge. All requests for subpoenas duces tecum shall specify with reasonable particularity the information sought, the facts expected to be established thereby, and how these facts are relevant and material.

619.3 An applicant for a subpoena shall arrange for service; except for good cause shown, service shall be completed no later than 10 calendar days before the date of the requested testimony or production.

619.4 Personal service of a subpoena may be made by any person, not a party, who is at least eighteen (18) years of age. Service of the subpoena shall be attested to in an affidavit by the person making such service. The attesting affidavit shall state the date, time, and method of service.

619.5 Any motion by the subject of a subpoena to limit or quash the subpoena shall be filed within three (3) calendar days of the time for compliance therewith. Such motions shall set forth all assertions of privilege or other factual and legal objections to the subpoena, including all appropriate arguments, affidavits, and other supporting documentation.

619.6 In the case of contumacy or failure to obey a subpoena issued, the Office, pursuant to D.C. Code § 1-606.2(a)(4), may request enforcement of the subpoena in the Superior Court of the District of Columbia.

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620 Administrative Judges

620.1 Proceedings shall be presided over by an Administrative Judge appointed by the Office.

620.2 Administrative Judges shall conduct hearing fairly and impartially, take all necessary action to avoid delay in the disposition of proceedings, and maintain order. They shall have all powers necessary to that end including, but not limited to, the power to:

(a) Administer oaths and affirmations;

(b) Issue subpoenas and protective orders;

(c) Rule upon motions;

(d) Compel discovery;

(e) Regulate the course of the proceeding, require an evidentiary hearing, if appropriate, fix the time and place of such evidentiary hearing, and exclude persons from such evidentiary hearings for contumacious conduct;

(f) Call and examine witnesses and admit to the record documentary or other evidence;

(g) Dismiss cases based on a settlement agreement reached by the parties; and

(h) Take other appropriate action authorized by statute, these rules, or the Board.

620.3 If a new Administrative Judge is substituted for the one originally assigned, a motion predicated upon such substitution shall be made no later than seven (7) calendar days after the Office notifies the parties of the reassignment. Failure to make such motion within this time period shall constitute a waiver of the right to object to the substitution.

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621 Disqualification of Administrative Judge

621.1 If an Administrative Judge deems himself or herself disqualified to preside in a particular case, he or she shall withdraw therefrom by notice, on the record, and shall notify the Executive Director of such withdrawal.

621.2 At any time following the assignment of the appeal to an Administrative Judge, and before issuance of an initial decision in the matter under Rule 632, a party may request the Administrative Judge to disqualify himself or herself on the grounds of personal bias or other disqualification, by serving and filing a motion promptly upon the discovery of the alleged facts, with an affidavit setting forth, in detail, the matters alleged to constitute grounds for disqualification.

621.3 If, in the opinion of the Administrative Judge, the affidavit is sufficient on its face, the Administrative Judge shall disqualify and remove himself or herself from the case. If the Administrative Judge does not disqualify himself or herself, the Administrative Judge shall issue a written order to that effect stating the grounds for the ruling.

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622 Sanctions

622.1 The Administrative Judge may impose sanctions upon the parties as necessary to serve the ends of justice, including, but not limited to, the instances set forth in this section.

622.2 If a party fails to comply with an order for taking a deposition, the production of evidence within the party's control, a request for admission, and/or production of witnesses, the Administrative Judge may, for example:

(a) Draw an inference adverse to the party who failed to comply;

(b) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon evidence relating to, the information sought;

(c) Permit any party who has been prejudiced by the non-compliance to introduce secondary evidence concerning the information sought; and

(d) Strike any part of the pleadings or other submissions of the party failing to comply with such order.

622.3 If a party fails to take reasonable steps to prosecute or defend an appeal, the Administrative Judge, in the exercise of sound discretion, may dismiss the action or rule for the appellant. Failure of a party to prosecute or defend an appeal includes, but is not limited to, a failure to:

(a) Appear at a scheduled proceeding after receiving notice;

(b) Submit required documents after being provided with a deadline for such submission; or

(c) Inform this Office of a change of address which results in correspondence being returned.

622.4 The Administrative Judge may refuse to consider any motion or other action which is not filed in a timely fashion.

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623 Ex Parte Communications

623.1 Ex parte communication is oral or written communication to decision-making personnel of the Office from a party to a proceeding who does not provide the other party or parties an opportunity to participate.

623.2 An ex parte communication which involves the merits of the case is prohibited.

623.3 In the event of a prohibited communication, the Administrative Judge shall describe that occurrence on the record with notice to the parties either by filing therein a memorandum, if the transaction was oral, or by filing any writing delivered to him or her.

623.4 When an Administrative Judge determines that a party has initiated a prohibited ex-parte communication, the Administrative Judge may impose such sanctions or remedial relief as may be appropriate under the circumstances.

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624 Pre-Hearing Conferences

624.1 The Administrative Judge may convene a pre-hearing conference to consider:

(a) Simplification, clarification, compromise, or settlement of the issues;

(b) Necessity and desirability of amendments to the pleadings;

(c) Stipulations, admissions of fact, and the contents, admissibility, and authenticity of documents;

(d) Whether the Administrative Judge will order an evidentiary hearing to expedite the presentation of evidence, including, but not limited to, restricting the number of witnesses;

(e) A statement of the issues; and

(f) Such other matters as may aid in the orderly disposition of the proceeding, including disclosure of the names of witnesses and furnishing, for inspection or copying, non-privileged documents, papers, books, or other physical exhibits, which constitute or contain evidence relevant to the subject matter involved and which are in the possession, custody, or control of any party to the proceeding.

624.2 A pre-hearing conference, in the discretion of the Administrative Judge, may be recorded verbatim.

624.3 After such pre-hearing conference, the Administrative Judge may issue an order that identifies the legal and factual issues in the appeal. Unless modified, such order shall control the subsequent course of the proceeding.

624.4 Failure to appear at the pre-hearing conference without good cause and after adequate notice shall constitute, in addition to grounds for sanctions, a waiver by that party of any right to object to the characterization of the issues as set forth in the post pre-hearing order.

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625 Evidentiary Hearings

625.1 A party may request the opportunity for an evidentiary hearing to adduce testimony to support or refute any fact alleged in a pleading.

625.2 If the Administrative Judge grants a request for an evidentiary hearing, or makes his or her own determination that one is necessary, the Administrative Judge will so advise the parties and, with appropriate notice, designate the time and place for such hearing and the issues to be addressed. The Administrative Judge shall give due regard to the availability of the parties or their authorized representative(s) in designating the time and place of the evidentiary hearing.

625.3 Postponement of an evidentiary hearing will be allowed only upon good cause shown or upon agreement of the parties, with the concurrence of the Administrative Judge. Except in extraordinary circumstances, a motion for a postponement shall not be considered unless it is served and filed at least seven (7) calendar days in advance of the date designated for the evidentiary hearing.

625.4 Failure of a party to appear for an evidentiary hearing, unless excused by the Administrative Judge for good cause shown, before or after the fact, may be deemed to be a waiver by that party of all rights to participate further in the proceeding, and may be grounds for dismissal of the case or the imposition of other sanctions.

625.5 Hearings shall be open to the public, except that the Administrative Judge may order a hearing or any part thereof closed, where a closed hearing would be in the best interest of the employee, a witness, the public, or other affected persons.

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626 Recording and Transcripts

626.1 Evidentiary hearings shall be recorded verbatim under the supervision of the Administrative Judge and shall be the sole official record of the proceeding.

626.2 A transcript or, if the record was not transcribed, a copy of the recording may be obtained by the parties upon request.

626.3 The Office will provide one (1) copy of the transcript or recording to each party or, if the party is represented, to the representative at no cost. Any additional copies of the record shall be at the expense of the requesting party.

626.4 A party may request correction to the official transcript by written motion. A motion for correction shall be submitted within ten (10) calendar days of receipt of the transcript.

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627 Presentation of Evidence or Witnesses

627.1 All material and relevant evidence or testimony shall be admissible, but may be excluded if it is unduly repetitious.

627.2 During an evidentiary hearing, a party shall be entitled to present his or her case or defense by oral, documentary or physical evidence, and to conduct reasonable cross-examination.

627.3 Objections to the admission of evidence, or to the conduct of the proceeding, may be made orally on the record where an evidentiary hearing has been provided, or by written motion. Argument thereon, or briefs or legal memoranda, if requested by the Administrative Judge, shall be included in the record. Rulings on objections shall be made at the time of the objection or prior to the receipt of further evidence, unless the Administrative Judge orders otherwise, and shall be a part of the record.

627.4 The parties may agree upon any facts or procedures relevant to the proceeding. Such stipulations shall be binding on the parties.

627.5 The Administrative Judge on his or her own motion or on motion of a party, may take official notice of matters of common knowledge or matters that can be verified. Official notice taken of any fact shall satisfy a party's burden of proving the fact noticed.

627.6 All exhibits offered into evidence shall be numbered and marked so as to identify the party offering the exhibit.

627.7 Whenever evidence is excluded by the Administrative Judge, the offering party may make an offer of proof of what the party expects the evidence to establish. In the case of an evidentiary hearing, if the offer of proof consists of an oral statement, it shall be included in the record. If the offer of proof consists of an exhibit or other documentary evidence, it shall be marked for identification and retained in the record so as to be available for consideration by any reviewing authority.

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628 Witnesses

628.1 Every person shall be competent to be a witness as to any material matter unless the Administrative Judge finds that the proposed witness is incapable of:

(a) Expressing himself or herself concerning the matter so as to be understood by the Administrative Judge either directly or through interpretation by one who can understand the witness; or

(b) Understanding the duty of a witness to tell the truth.

628.2 Each District of Columbia government agency shall make its employees available to furnish sworn statements or affirmation or to appear as witnesses at depositions and hearings when requested by the Administrative Judge. When providing such statements or testimony, witnesses shall be on official duty status.

628.3 Witnesses not employed by the District of Columbia government may be required to appear by subpoena at the cost of the moving party.

628.4 Witnesses shall have the right to representation when testifying.

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629 Burden of Proof

629.1 The burden of proof with regard to material issues of fact shall be by a preponderance of the evidence. (Preponderance of the evidence§ shall mean:

That degree of relevant evidence which a reasonable mind, considering the record as a whole, would accept as sufficient to find a contested fact more probably true than untrue.

629.2 The employee shall have the burden of proof as to issues of jurisdiction, including timeliness of filing.

629.3 For appeals filed on or after October 21, 1998, the agency shall have the burden of proof, except for issues of jurisdiction.

629.4 For appeals filed before October 21, 1998, the agency, except for issues of jurisdiction, shall have the burden of proof in appeals filed pursuant to D.C. Code § 1-617.1 (1992 repl.) and the employee shall have the burden of proof in all other appeals.

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630 Closing the Record

630.1 When an evidentiary hearing has been provided, the record shall be closed at the conclusion of the hearing, unless the Administrative Judge directs otherwise. When no evidentiary hearing has been provided, the record shall be closed on the date set by the Administrative Judge as the final date for the receipt of submissions from the parties.

630.2 Once the record is closed, no additional evidence or argument shall be accepted into the record unless the Administrative Judge reopens the record pursuant to Rule 631.

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631 Reopening the Record; Termination of Jurisdiction

631.1 The Administrative Judge may reopen the record to receive further evidence or argument at any time prior to the issuance of the initial decision.

631.2 The jurisdiction of an Administrative Judge terminates upon issuance of the initial decision. However, the Administrative Judge shall retain jurisdiction over the appeal to the limited extent necessary to correct the record or transcript, rule on a request by the employee for attorney fees, and process any petition for enforcement.

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632 Initial Decision

632.1 The Administrative Judge shall issue an initial decision. Such decision shall be issued no later than 120 business days after the employee files a complete petition for appeal. However, the Administrative Judge may extend this period for a reasonable time under extraordinary circumstances.

632.2 The Administrative Judge may, at the conclusion of an evidentiary hearing, render an oral decision, in which case an initial decision in writing shall be issued within thirty (30) days.

632.3 Each initial decision shall contain:

(a) Findings of fact and conclusions of law, as well as the reasons or bases therefor, upon all the material issues of fact and law presented on the record;

(b) An order as to the final disposition of the case, including appropriate relief if granted;

(c) The date upon which the decision will become final; and

(d) A statement of the right to seek further administrative remedy, including the right to petition for review.

632.4 Notwithstanding any other provision of these rules, the Office shall not reverse an agency's action for error in the application of its rules, regulations, or policies if the agency can demonstrate that the error was harmless. (Harmless error§ shall mean:

Error in the application of the agency's procedures, which did not cause substantial harm or prejudice to the employee's rights and did not significantly affect the agency's final decision to take the action.

632.5 The Office shall serve a copy of the initial decision on each party to the proceeding.

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633 Finality of Decision

633.1 The initial decision shall become final thirty-five (35) calendar days after issuance.

633.2 The initial decision shall not become final if any party files a petition for review or if the Board reopens the case on its own motion within thirty-five (35) calendar days after issuance of the initial decision.

633.3 If the Board denies all petitions for review, the initial decision shall become final five (5) business days after issuance of the last denial.

633.4 If the Board grants a petition for review or reopens a case, the subsequent decision of the Board shall be the final decision.

633.5 Administrative remedies shall be considered exhausted when a decision becomes final in accordance with this section.

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634 Petitions for Review

634.1 Any party to the proceeding may serve and file a petition for review of an initial decision with the Board within thirty-five (35) calendar days of issuance of the initial decision.

634.2 Within thirty-five (35) calendar days after the filing of the petition for review, any party may file an answer.

634.3 The petition for review shall set forth objections to the initial decision supported by reference to the record. The Board may grant a petition for review when the petition establishes that:

(a) New and material evidence is available that, despite due diligence, was not available when the record closed;

(b) The decision of the Administrative Judge is based on an erroneous interpretation of statute, regulation or policy;

(c) The findings of the Administrative Judge are not based on substantial evidence; or

(d) The initial decision did not address all material issues of law and fact properly raised in the appeal.

634.4 Any objections or legal arguments which could have been raised before the Administrative Judge, but were not, may be considered waived by the Board.

634.5 The Board may review an initial decision on its own motion within thirty-five (35) days of issuance of the initial decision.

634.6 The Board may order oral argument on its own motion or on motion filed by any party.

634.7 The Board may affirm, reverse, remand, modify or vacate the initial decision, in whole or in part. Where appropriate, the Board shall issue a final decision and order a date for compliance.

634.8 The Board's decision on whether to grant or deny a petition for review shall be by public vote. However, the Board's final decision shall be the written opinion and order.

634.9 An employee or agency may appeal a final decision in accordance with the District of Columbia Government Comprehensive Merit Personnel Act of 1978, D.C. Code § 1-601.1 et seq.

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635 Attorney Fees

635.1 An employee shall be entitled to an award of reasonable attorney fees if:

(a) He or she is a prevailing party; and

(b) The award is warranted in the interest of justice.

635.2 Unless the Administrative Judge directs otherwise, a request for attorney fees shall be made by written motion within thirty (30) calendar days of the date that the initial decision becomes final.

635.3 An employee shall submit reasonable evidence or documentation to support the number of hours expended by the attorney on the appeal.

635.4 The Board each year may approve standard hourly rates for fees for attorneys who practice before the Office.

635.5 An agency may file a written opposition to the employee§s motion for attorney fees within fifteen (15) business days of service of the motion or within such time as the Administrative Judge may direct. In its written opposition the agency must state its objection to the employee§s request for attorney fees with particularity and clarity.

635.6 A decision by an Administrative Judge on a request for attorney fees shall be considered an addendum to the initial decision.

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636 Compliance and Enforcement

636.1 Unless the Office's final decision is appealed to the District of Columbia Superior Court, the District agency shall comply with the Office's final decision within thirty (30) calendar days from the date the decision becomes final.

636.2 If any District agency fails to comply with the final decision of the Office within the time period specified in Rule 636.1, the employee may file a motion to enforce the final decision. The motion shall be directed to the Administrative Judge who decided the appeal.

636.3 The agency shall have fifteen (15) business days to respond to the employee's motion.

636.4 The employee, with specificity, shall explain in the motion how the agency has failed to comply with the Office's decision. The agency shall include in its answer a statement which admits or denies each allegation in the employee's motion.

636.5 The parties shall serve the motion and answer on each other.

636.6 Failure by the agency to file an answer to the motion for enforcement shall be construed as an admission of the employee's allegations.

636.7 The Administrative Judge shall take all necessary action to determine whether the final decision is being complied with and shall issue a written opinion on the matter.

636.8 If the Administrative Judge determines that the agency has not complied with the final decision, the Administrative Judge shall certify the matter to the General Counsel. The General Counsel shall order the agency to comply with the Office's final decision in accordance with D.C. Code § 1-606.2.

636.9 If the agency fails to comply with the order, the General Counsel may take such actions as are necessary to secure compliance with the order, including forwarding the matter to the Office of the Mayor or other responsible official for direct enforcement.

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United States Tax Court Rules of
Practice and Procedure

.The pages listed below represent the Tax Court Rules of Practice and Procedure in their entirety with all additions and amendments. They are the official files released by the U.S. Tax Court.

Except for the introductory material which is in HTML format, all the other material is in PDF format.

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Download all the Rules in one file . 297 pages; (1.6 megs)

 

U.S. Tax Court Rules by Title

Title I: Scope of Rules; Rules 1-3
PDF format ; - 2 pages; (92k)
Construction; Effective Date; Definitions.
Rule 1: See New Rules .
Rule 2: Effective Date
Rule 3: Definitions

Title II: The Court. Rules 10-13
PDF format ; 3 pages; (28k)
Rule 10: Name, Office, and Sessions
Rule 11: Payments to Court
Rule 12: Court Records
Rule 13: Jurisdiction

Title III: Commencement of Case; Service and Filing of Papers: Form and Style of Papers; Appearance and Representation; Computation of Time. Rules 20-25
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Rule 20: Commencement of Case
Rule 21: Service of Papers
Rule 22: Filing
Rule 23: Form & Style of Papers
Rule 24: Appearance & Representation
Rule 25: Computation of Time

Title IV: Pleadings. Rules 30-41
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Rule 30: Pleadings Allowed
Rule 31: General Rules of Pleading
Rule 32: Form of Pleadings
Rule 33: Signing of Pleadings
Rule 34: Petition
Rule 35: Entry on Docket
Rule 36: Answer:
Rule 37: Reply
Rule 38: Joinder of Issue
Rule 39: Pleading Special Matters
Rule 40: Defenses and Objections Made by Pleading or Motion
Rule 41: Amended and Supplemental Pleadings

Title V: Motions. Rules 50-58
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Rule 50: General Requirements
Rule 51: Motion for More Definitive Statement
Rule 52: Motion to Strike
Rule 53: Motion to Dismiss
Rule 54: Timely Filing & Joinder of Motions
Rule 55: Motion to Restrain Assessment or Collection
Rule 56: Motion for Review of Jeopardy Assessment or Jeopardy Levy
Rule 57: Motion for Review of Proposed Sale of Seized Property
Rule 58: Miscellaneous

Title VI: Parties. Rules 60-63
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Rule 60: Proper Parties; Capacity
Rule 61: Permissive Joinder of Parties
Rule 62: Misjoinder of Parties
Rule 63: Substitution of Parties: Change or Correction in Name

Title VII: Discovery. Rules 70-76
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Rule 70: General Provisions
Rule 71: Interrogatories
Rule 72: Production of Documents and Things
Rule 73: Examination by Transferees
Rule 74: Depositions for Discovery Purposes - Upon Consent of Parties
Rule 75: Depositions for Discovery Purposes - Without Consent of Parties
             in Certain Cases
Rule 76: Deposition of Expert Witnesses

Title VIII: Depositions. Rules 80-85
PDF format ; 12 pages; (52k)
Rule 80: General Provisions
Rule 81: Depositions in Pending Case
Rule 82: Depositions Before Commencement of Case
Rule 83: Depositions After Commencement of Trial
Rule 84: Deposition Upon Written Questions
Rule 85: Objections, Errors, and Irregularities

Title IX: Admissions and Stipulations. Rules 90-92
PDF format ; 7 pages; (40k)
Rule 90: Requests for Admission
Rule 91: Stipulation for Trial
Rule 92: Cases Consolidated for Trial

Title X: General Provisions Governing Discovery, Depositions, and Requests for Admissions. Rules 100-104
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Rule 100: Applicability
Rule 101: Sequence, Timing, & Frequency
Rule 102: Supplementation of Responses
Rule 103: Protective Orders
Rule 104: Enforcement Actions & Sanctions

Title XI: Pretrial Conferences. Rule 110
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Rule 110: Pretrial Conferences

Title XII: Decision Without Trial. Rules 120-124
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Rule 120: Judgment on the Pleadings
Rule 121: Summary Judgment
Rule 122: Submission Without Trial
Rule 123: Default & Dismissal
Rule 124: Voluntary Binding Arbitration

Title XIII: Calendars and Continuances. Rules 130-133
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Rule 130: Motions & Other Matters
Rule 131: Trial Calendars
Rule 132: Special or Other Calendars
Rule 133: Continuances

Title XIV: Trials. Rules 140-152
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Rule 140: Place of Trial
Rule 141: Consolidation; Separate Trials
Rule 142: Burden of Proof
Rule 143: Evidence
Rule 144: Exceptions Unnecessary
Rule 145: Exclusion of Proposed Witnesses
Rule 146: Determination of Foreign Law
Rule 147: Subpoenas
Rule 148: Fees and Mileage
Rule 149: Failure to Appear or to Adduce Evidence
Rule 150: Record of Proceedings
Rule 151: Briefs
Rule 152: Oral Findings of Fact or Opinion

Title XV: Decision. Rules 155-157
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Rule 155: Computation by Parties for Entry of Decision
Rule 156: Estate Tax Deduction Developing At or After Trial
Rule 157: Motion to Retain File in Estate Tax Case Involving Section 6166;
               Election

Title XVI: Post-Trial Proceedings. Rules 160-163
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Rule 160: Harmless Error
Rule 161: Motion for Reconsideration of Findings or Opinion
Rule 162: Motion to Vacate or Revise Decision
Rule 163: No Joinder of Motions Under Rules 161 & 162

Title XVII: Small Tax Cases. Rules 170-179
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Rule 170: General
Rule 171: Election of Small Tax Case Procedure
Rule 172: Representation
Rule 173: Pleadings - See Notice of Proposed Amendments
Rule 174: Trial
Rule 175: Number of Copies of Papers

Title XVIII: Special Trial Judges. Rules 180-183
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Rule 180: Assignment
Rule 181: Powers and Duties
Rule 182: Cases in Which the Special Trial Judge Is Authorized To Make
               the Decision - AMENDED: See New Rules .
Rule 183: Other Cases - AMENDED: See New Rules .

Title XIX: Appeals. Rules 190-193
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Rule 190: How Appeal Taken
Rule 191: Preparation of the Record on Appeal
Rule 192: Bond to Stay Assessment & Collection
Rule 193: Appeals from Interlocutory Orders

Title XX: Practice Before the Court. Rules 200-202
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Rule 200: AMENDED: See New Rules
Rule 201: Conduct of Practice Before the Court
Rule 202: AMENDED: See New Rules

Title XXI: Declaratory Judgements. Rules 210-218
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Rule 210: General
Rule 211: Commencement of Action for Declaratory Judgment
Rule 212: Designation of Place for Submission to the Court
Rule 213: Other Pleadings
Rule 214: Joinder of Issue in Action for Declaratory Judgment
Rule 215: Joinder of Parties
Rule 216: Intervention in Retirement Plan Actions
Rule 217: Disposition of Actions for Declaratory Judgment
Rule 218: Procedure in Actions Heard by a Special Trial Judge of the
               Court

Title XXII: Disclosure Actions. Rules 220-229A
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Rule 220: General
Rule 221: Commencement of Disclosure Action
Rule 222: Designation of Place of Hearing
Rule 223: Other Pleadings
Rule 224: Joinder of Issue
Rule 225: Intervention
Rule 226: Joinder of Parties
Rule 227: Anonymous Parties
Rule 228: Confidentiality
Rule 229: Burden of Proof
Rule 229A: Procedure in Actions Heard by a Special Trial Judge of the
               Court

Title XXIII: Claims for Litigation and Administrative Costs. Rules 230-233
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Rule 230: General
Rule 231: Claims for Litigation & Administrative Costs
Rule 232: Disposition of Claims for Litigation & Administrative Costs
Rule 233: Miscellaneous

Title XXIV: Partnership Actions. Rules 240-251
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Rule 240: General
Rule 241: Commencement of Partnership Action
Rule 242: Designation of Place of Trial
Rule 243: Other Pleadings
Rule 244: Joinder of Issue in Partnership Action
Rule 245: Intervention & participation
Rule 246: Service of Papers
Rule 247: Parties
Rule 248: Settlement Agreements
Rule 249: Action for Adjustment of Partnership Items Treated as Action for
               Readjustment of Partnership Items
Rule 250: Appointment & Removal of the Tax Matters Partner
Rule 251: Decisions

Title XXV: Supplemental Proceedings. Rules 260-262
PDF format ; 6 pages; (38k)
Rule 260: Proceeding to Enforce Overpayment
Rule 261: Proceeding to Redetermine Interest
Rule 262: Proceeding to Modify Decision in Estate Tax Case Involving
               Section 6166 Election

Title XXVI: Actions for Administrative Costs. Rules 270 - 274
PDF format ; 5 pages; (34k)
Rule 270: General
Rule 271: Commencement of Action for Administrative Costs
Rule 272: Other Pleadings
Rule 273: Joinder of Issue in Action for Administrative Costs
Rule 274: Applicable Small Case Rules

Title XXVII: Actions for Review of Failure to Abate Interest Rules 280 - 284
PDF format ; 5 pages; (27k)
Rule 280: General
Rule 281: Commencement of Action for Review of Failure to Abate Interest
Rule 282: Designation of Place of Trial
Rule 283: Other Pleadings
Rule 284: Joinder of Issue in Action for Review of Failure to Abate Interest

Title XXVIII: Actions for Redetermination of Employment Status Rules 290 - 294
PDF format ; 4 pages; (29k)
Rule 290: General
Rule 291: Commencement of Action for Redetermination of Employment
               Status
Rule 292: Designation of Place of Trial
Rule 293: Other Pleadings
Rule 294: Joinder of Issue in Actions for Redetermination of Employment
               Status

Title XXIX: Large Partnership Actions Rules 300 - 305
PDF format ; 6 pages; (38k)
Rule 300: General
Rule 301: Commencement of Large Partnership Action
Rule 302: Designation of Place of Trial
Rule 303: Other Pleadings
Rule 304: Joinder of Issue in Large Partnership Actions
Rule 305: Action for Adjustment of Partnership Items of Large Partnership
               Treated as Action for Readjustment of Partnership Items of
               Large Partnership

Title XXX: Actions for Declaratory Judgment Relating to Treatment of Items Other Than Partnership Items With Respect to an Oversheltered Return Rules 310 - 316
PDF format ; 4 pages; (30k)
Rule 310: General
Rule 311. Commencement of Action for Declaratory Judgment
               (Oversheltered Return)
Rule 312: Designation of Place of Trial
Rule 313: Other Pleadings
Rule 314: Joinder of Issue in Action for Declaratory Judgment
               (Oversheltered Return)
Rule 315: Disposition of Action for Declaratory Judgment (Oversheltered
               Return)
Rule 316: Action for Declaratory Judgment (Oversheltered Return) Treated
               as Deficiency Action

Title XXXI: Actions for Determination of Relief From Joint and Several Liability on a Joint Return Rules 320 - 325
PDF format ; 4 pages; (31k)
Rule 320: General
Rule 321: Commencement of Action for Determination of Relief From Joint
               and Several Liability on a Joint Return
Rule 322: Designation of Place of Trial
Rule 323: Other Pleadings
Rule 324: Joinder of Issue in Action for Determination of Relief From Joint
               and Several Liability on a Joint Return
Rule 325: Notice and Intervention

Title XXXII: Lien and Levy Actions Rules 330 - 334
PDF format ; 3 pages; (28k)
Rule 330: General
Rule 331: Commencement of Lien and Levy Action
Rule 332: Designation of Place of Trial
Rule 333: Other Pleadings
Rule 334: Joinder of Issue in Lien and Levy Actions

Appendix I: Forms:
PDF format ; 15 pages; (211k)
Petitions; Entry of Appearance; Substitution of Counsel;
Designation of Place of Trial; Subpoena; Application for Order
to Take Deposition; Certificate on Return; Notice of Appeal to
Court of Appeals; Certificate of Service; Notices of Elections;
Petition for Administrative Costs

Appendix II: Fees and Charges
PDF format ; 1 page; (17k)
(See Rules 148, !90(a),and 200(i))

Appendix III: Places of Trial
PDF format ; 2 page; (21k)
(See Rules 140 and 177)

Index to Tax Court Rules
PDF format ; 48 pages; (73k)
References are to the Rule Number.

NEW RULES - EFFECTIVE SEPTEMBER 20, 2005
PDF format ; 8 pages; (99k)
This file which has all the new rules: 1, 182, 183, 200, and 202.

Click Here to Search Opinions of the U.S. Tax Court

DC Personnel Regulations, Chapter 6, Part I

Rules and Regulations of the Office of Employee Appeals

Contents

Section No.

Heading

600

General

601

Organizational Structure

602

Scope of Rules

603

Computation of Time

604

Jurisdiction

605

Notice of Appeal Rights

606

Arbitration

607

Mediation and Conciliation Program

608

Filing Requirements

609

Content of Petition for Appeal

610

Answer

611

Motions

612

Consolidation and Joinder

613

Representation

614

Intervention

615

Substitution

616

Summary Disposition

617

Interlocutory Appeals

618

Discovery

619

Subpoenas

620

Administrative Judges

621

Disqualification of Administrative Judge

622

Sanctions

623

Ex Parte Communications

624

Pre-Hearing Conferences

625

Evidentiary Hearings

626

Recording and Transcripts

627

Presentation of Evidence or Witnesses

628

Witnesses

629

Burden of Proof

630

Closing the Record

631

Reopening the Record; Termination of Jurisdiction

632

Initial Decision

633

Finality of Decision

634

Petitions for Review

635

Attorney Fees

636

Compliance and Enforcement

.

600 General

600.1 The Office of Employee Appeals (Office) is an independent administrative adjudicatory agency created by the District of Columbia Government Comprehensive Merit Personnel Act of 1978, D.C. Code § 1-606.1 et seq. The jurisdiction of the Office is set forth in Rule 604.

..

601 Organizational Structure

601.1 The Board of the Office (Board) is composed of five (5) members appointed by the Mayor and confirmed by the District of Columbia Council. Three (3) members of the Board shall constitute a quorum for the transaction of official business and the issuance of rules and regulations.

601.2 The Mayor designates a Chairperson of the Board to serve as the Chief Executive of the Office.

601.3 The Mayor designates a Vice Chairperson of the Board. In the absence or disability of the Chairperson, or when the position of Chairperson is vacant, the Vice Chairperson performs the functions vested in the Chairperson.

601.4 The Executive Director is the administrator of the Office and serves as its chief personnel officer.

601.5 The General Counsel, with the assistance of the Deputy General Counsel, provides legal advice to the Board and the Office staff, prepares opinions and orders as directed by the Board, assists in the enforcement of orders pursuant to law, and represents the Office before the Courts.

601.6 Administrative Judges, subject to the provisions of these rules, adjudicate appeals filed before the Office.

..

602 Scope of Rules

602.1 These rules govern the procedure for deciding cases filed before the Office. These rules shall be applied to promote justice, fairness, and economy.

602.2 These rules shall apply to all appeals filed on or after their effective date and to all appeals then pending final disposition in the Office.

602.3 The Board may revoke or amend a rule as it applies generally to all cases in accordance with applicable procedures of the District of Columbia Administrative Procedure Act. The Board or an Administrative Judge may waive a rule in an individual case for good cause shown, if application of the rule is not required by statute.

602.4 In the event of a conflict between these rules and a provision of a statute, the statutory provision shall govern. In the event of a conflict between these rules and rules or regulations adopted by another District agency, department, office or board, these rules shall govern.

..

603 Computation of Time

603.1 In the computation of time periods which involve business days, the first day counted shall be the next business day following the day the event occurs from which the time period begins to run. In the computation of time periods which involve calendar days, the first day counted shall be the next calendar day following the day the event occurs from which the time period begins to run. For calendar days, if the last day of the time period is a Saturday, Sunday, or legal holiday, the period shall be extended to the end of the next business day.

603.2 If a party has a right or duty to act or proceed within a prescribed period after service of a notice or other document upon him or her, three (3) calendar days shall be added to the prescribed period whenever the document or notice is served upon the party by mail.

..

604 Jurisdiction

604.1 Effective October 21, 1998, and except as otherwise provided in the District of Columbia Government Comprehensive Merit Personnel Act of 1978, D.C. Code § 1-601.1 et seq. or Rule 604.2 below, any District of Columbia government employee may appeal a final agency decision affecting:

(a) A performance rating which results in removal of the employee;

(b) An adverse action for cause that results in removal, reduction in grade, or suspension for ten (10) days or more; or

(c) A reduction-in-force.

604.2 An appeal filed pursuant to Rule 604.1 must be filed within thirty (30) days of the effective date of the appealed agency action.

604.3 The Office shall exercise jurisdiction over appeals filed with the Office before October 21, 1998 by an employee appealing a final agency decision that:

(a) Denies his or her appeal of a performance evaluation;

(b) Effects an adverse action against him or her;

(c) Releases him or her through reduction-in-force procedures;

(d) Resolves a grievance;

(e) Refuses to grant a waiver of the District's claim for an erroneous overpayment to an employee;

(f) Denies his or her appeal regarding records management and privacy of records; or

(g) Denies his or her classification appeal.

604.4 An appeal filed before October 21, 1998 must have been filed within fifteen (15) business days of the effective date of the appealed agency action.

604.5 Within forty-five (45) business days of the date the appeal is filed, an Administrative Judge shall determine whether the Office has jurisdiction to review it.

..

605 Notice of Appeal Rights

605.1 When an agency issues a final decision to an employee on a matter appealable to the Office, the agency shall at the same time provide the employee with:

(a) Notice of the Employee§s right to appeal to the Office;

(b) A copy of the rules of the Office;

(c) A copy of the appeal form of the Office;

(d) Notice of applicable rights to appeal under a negotiated review procedure; and

(e) Notice of the right to representation by a lawyer or other representative authorized by the rules.

..

606 Arbitration

606.1 Apart from any rights under a collective bargaining agreement, the parties may agree to arbitrate a dispute rather than have the Office adjudicate it.

606.2 An agreement to arbitrate must be reached within thirty (30) business days of the date that the employee files a petition for appeal with the Office. If the parties fail to reach an agreement to arbitrate within this period, the Office shall proceed to adjudicate the matter.

606.3 Within ten (10) business days of the date that the parties submit a written agreement to arbitrate their dispute, the Office shall dismiss the appeal and forward the matter to the American Arbitration Association pursuant to D.C. Code § 1-606.7.

..

607 Mediation and Conciliation Program

607.1 The Office shall exert every possible effort to resolve matters by mediation and conciliation, to the extent possible, rather than through litigation.

607.2 The Executive Director shall designate a Senior Administrative Judge to implement the mediation and conciliation program of the Office.

607.3 The Senior Administrative Judge responsible for mediation and conciliation shall review the appeals pending in the Office and assign cases where there is a reasonable likelihood of settlement to the mediation and conciliation docket.

607.4 Any party may file a request for mediation and conciliation with the Office which, upon the consent of all parties, shall place the matter on the mediation and conciliation docket.

607.5 The Senior Administrative Judge responsible for mediation and conciliation shall assign the matter to a mediator who shall promptly convene a conference for the purpose of attempting to reach a voluntary resolution of the appeal. The Administrative Judge assigned to an appeal may not serve as mediator on that appeal. A mediator may not be called as a witness in any proceeding concerning matters raised in a case to which he or she is assigned to attempt mediation or conciliation.

607.6 The employee and his or her representative shall attend the conference. A representative of the agency with authority to approve a settlement by the agency shall either attend the conference or be available by telephone at the time set for and throughout the conference. The parties shall engage in good-faith discussion to resolve the matter.

607.7 If the mediator finds that a party has failed to engage in settlement discussions in good faith (including a failure to have available a representative with authority to settle), the mediator shall submit such a finding to the Senior Administrative Judge supervising the mediation and conciliation docket, who may enter such sanctions against the party as may be appropriate to further the objectives of the mediation and conciliation program.

607.8 The discussions at the conference and the offers of the parties shall be confidential and may not be offered or received into evidence or otherwise disclosed in subsequent adjudication or litigation.

607.9 Upon the failure of the parties to reach settlement through mediation and conciliation, the Senior Administrative Judge shall refer the matter to the assigned Administrative Judge for adjudication.

607.10 If the parties reach settlement, the matter shall be dismissed in accordance with D.C. Code § 1-606.6(b).

..

608 Filing Requirements

608.1 An employee shall initiate an appeal by filing a petition for appeal with the Office.

608.2 The Office shall promptly send a copy of the petition for appeal to the agency, and the agency shall file an answer within thirty (30) calendar days of the service of the petition for appeal.

608.3 The date of filing shall be determined by the date of receipt by the Office.

608.4 Filing of a petition for appeal and a petition for review must be made by personal delivery at the Office between 9:00 A.M. and 4:30 P.M., Monday through Friday, or by mail addressed to the Office.

608.5 The employee must file with the Office one (1) original and two (2) copies of the petition for appeal (including the documents required by Rule 609).

608.6 Filing of pleadings and documents, other than a petition for appeal, or a petition for review filed pursuant to Rule 634, may be made as prescribed in Rule 608.4, or by facsimile transmission during normal business hours.

608.7 The parties shall serve on each other one copy of each document filed with the Office other than the petition for appeal. A party may effect such service by mailing or by personally delivering to each other party a copy of the document submitted to the Office. Each document must be accompanied by a certificate of service specifying how, when, and on whom service was made.

..

609 Content of Petition for Appeal

609.1 A petition for appeal may be filed on a form approved by the Office.

609.2 A petition for appeal made without use of the form of the Office shall be in writing and contain the following information:

(a) The name of the employee and the name of the agency which took the action;

(b) The type and the effective date of the action taken by the agency;

(c) The name, address, and telephone number of the employee's representative, if any;

(d) The employee's address and telephone number;

(e) A copy of the agency's notice of final decision;

(f) A statement as to whether the employee or anyone acting on his or her behalf has filed an appeal under any negotiated review procedure pursuant to a collective bargaining agreement, or has filed a complaint with any other agency regarding this matter;

(g) The identity of the collective bargaining unit (if any) of which employee is a member; and

(h) The signature of the employee and his or her representative, if any.

609.3 Along with the petition for appeal, the employee shall also submit the following information:

(a) A statement as to whether the employee requests an evidentiary hearing or oral argument;

(b) A concise statement of the facts giving rise to the appeal;

(c) An explanation as to why the employee believes the agency's action was unwarranted; and

(d) A statement of the specific relief the employee is requesting.

609.4 The Office shall not consider the filing of a petition for appeal complete until the employee provides all the information required under Rule 609.2 and 609.3.

609.5 An employee's failure to include a complete address, or to advise the Office of a change in address, shall constitute a waiver of any right to notice and service, and may result in the appeal being dismissed.

609.6 The Administrative Judge may allow an employee to amend the appeal unless the Administrative Judge determines that to do so would prejudice the rights of another party or unduly delay the proceedings.

..

610 Answer

610.1 An agency§s answer in which the allegations of a petition are contested shall contain the following:

(a) The name of the employee and the agency which took the action;

(b) The OEA matter number assigned to the appeal;

(c) A statement of the appealed action the agency took against the employee and the reason(s) therefor;

(d) A specific response to each allegation of the petition admitting, denying, or explaining each in whole or in part. The Administrative Judge may assume that the agency concedes as fact an allegation in employee§s petition that the agency does not specifically explain or deny in the answer;

(e) All documents contained in the agency record of the proceeding;

(f) A request for an evidentiary hearing or oral argument, if desired; and

(g) The designation of, and signature by, the authorized agency representative. If the agency fails to designate a representative, the Office shall regard the agency director as the representative.

610.2 If the agency elects not to contest the allegations of fact set forth in the petition, the answer shall consist of a statement that the agency admits all of the material allegations to be true. Such an answer shall constitute a waiver of the right to present evidence or testimony contradicting the admitted facts. However, the right to further participation in the proceedings shall continue and questions of law may be addressed.

610.3 Failure by the agency to file an answer within the time limit set forth in Rule 608.2 shall constitute a default, and the Administrative Judge may, without further notice, render an appropriate decision.

..

611 Motions

611.1 Except where the Administrative Judge permits an oral motion hearing, motions shall be written, filed with the Office, and served upon the parties in accordance with Rule 608.7.

611.2 Motions shall state the particular order, ruling, or action requested and the grounds and authority therefor.

611.3 No later than ten (10) calendar days after the service of a motion, or within such time as the Administrative Judge may direct for good cause shown, the opposing party may serve and file an answer to the motion. The moving party shall have no right to reply, except as permitted by the Administrative Judge. No oral argument will be heard on motions unless the Administrative Judge directs otherwise. Written briefs may be filed with motions and with answers thereto.

..

612 Consolidation and Joinder

612.1 If an employee has two or more appeals pending before the Office, the Administrative Judge may consolidate the appeals and adjudicate them as one action.

612.2 If two or more employees have appeals involving similar or identical issues pending before the Office, the Administrative Judge may join the appeals for adjudication as one action.

612.3 The Administrative Judge may consolidate or join appeals on his or her own motion, or on the motion of a party, if to do so would:

(a) Expedite processing of the cases; and

(b) Not adversely affect the interests of the parties.

612.4 At any time and on such terms as are just, the Administrative Judge may sever appeals consolidated or joined under these rules and proceed with each appeal separately.

..

613 Representation

613.1 In any proceeding before the Office, the employee may appear on his or her own behalf, through an attorney, through a union representative or through any other competent individual.

613.2 The agency may appear before the Office only through counsel or an individual acting in a representative capacity. If the agency fails to designate a representative, the Office shall regard the agency director as the representative.

613.3 Except where the agency director is the agency representative, no person may participate in a representative capacity before the Office until:

(a) The party submits a signed written statement authorizing such representation; and

(b) The representative submits a signed written statement which contains his or her name, address and telephone number, and which certifies that he or she is available and willing to represent the party's interest.

..

614 Intervention

614.1 Any person or District of Columbia government agency may seek to intervene in an appeal by filing a motion. The motion shall state why the person or agency believes intervention is warranted. After allowing the original parties a reasonable period of time in which to respond, the Administrative Judge may permit the movant to intervene if the movant has an interest that may be affected by the final disposition of the case and the movant§s:

(a) Interest will not be represented by the existing parties;

(b) Participation may reasonably be expected to assist in the development of a proper record; and

(c) Participation will not broaden the issues, resulting in prejudicial delay of the proceeding.

614.2 An intervener shall be considered a full party to the proceedings and shall have the same rights and duties as a party, except that the intervener:

(a) Shall not have an independent right to a hearing;

(b) May participate only on the issues affecting them as determined by the Administrative Judge; and

(c) Shall have no right to an award of attorney fees under Rule 635.

..

615 Substitution

615.1 If an employee dies while the appeal is pending before the Office, and the interest of the deceased employee has not terminated because of the death, the Administrative Judge, upon moti7on, may order substitution of the proper parties. A motion for substitution shall be made within ninety (90) calendar days after the death of the employee.

615.2 If an employee becomes incompetent by reason of mental or physical infirmity, the Administrative Judge, upon motion, may allow the appeal to be continued by the employee's representative.

615.3 When an agency's interest in the appeal is transferred to another District agency, the Administrative Judge may:

(a) Allow the appeal to continue against the original agency;

(b) Order the substitution of the successor agency; or

(c) Join the successor agency with the original agency.

..

616 Summary Disposition

616.1 If, upon examination of the record in an appeal, it appears to the Administrative Judge that there are no material and genuine issues of fact, that a party is entitled to a decision as a matter of law, or that the appeal fails to state a claim upon which relief can be granted, the Administrative Judge may, after notifying the parties and giving them an opportunity to submit additional evidence or legal argument, render a summary disposition of the matter without further proceedings.

616.2 An Administrative Judge may render a summary disposition either sua sponte, after notice under Rule 616.1, or upon motion of a party.

616.3 An order granting summary disposition shall conform to the requirements for initial decisions set forth in Rule 632.

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617 Interlocutory Appeals

617.1 An interlocutory appeal is an appeal to the Board of a ruling made by an Administrative Judge during the course of a proceeding. The Administrative Judge may permit this appeal if he or she determines that the issue presented is of such importance to the proceeding that it requires immediate consideration by the Board. The Board shall make a decision on the issue and the Administrative Judge shall proceed in accordance with that decision.

617.2 A party seeking review by interlocutory appeal must file a motion for certification within five (5) business days of service of the Administrative Judge's determination. The motion shall include arguments in support of both the certification and the determination to be made by the Board.

617.3 The Administrative Judge shall grant or deny a motion for certification. If certification is granted, the record shall be referred to the Board.

617.4 At the discretion of the Administrative Judge, the proceeding may be stayed during the time an interlocutory appeal is pending. The Board may stay a proceeding during the time an interlocutory appeal is pending.

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618 Discovery

618.1 Parties may obtain discovery by one (1) or more of the following methods:

(a) Depositions upon oral examination or written questions;

(b) Written interrogatories;

(c) Requests for production of documents or things for inspection and other purposes; and

(d) Requests for admission.

618.2 Unless the Administrative Judge orders otherwise, these methods may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery.

618.3 Unless the Administrative Judge directs otherwise, the parties may obtain discovery regarding any matter not privileged which is relevant to the subject matter involved in the pending appeal. Such information may include the existence, description, nature, custody, condition and location of books, documents, or other tangible things and the identity and location of persons having any knowledge of any discoverable matter. It is not grounds for objection that the information sought will be inadmissible at an evidentiary hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

618.4 The Administrative Judge may limit the frequency or use of discovery if:

(a) The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive;

(b) The party seeking discovery has had ample opportunity by discovery in the appeal to obtain the information sought; or

(c) The discovery is unduly burdensome or expensive, in light of the nature of the case, the relief sought, the limitations on the parties' resources, and the importance of the issues involved in the case.

618.5 The Administrative Judge may deny discovery or make any order which justice requires to protect a party or other person from annoyance, embarrassment, oppression, or undue burden or expense, or to prevent undue delay in the proceeding.

618.6 Discovery may be commenced after the Office notifies the agency that the employee has filed the petition. Unless the Administrative Judge directs otherwise, discovery shall be completed by the date of the pre-hearing conference.

618.7 Discovery matters before the Office are intended to be of a simplified nature. Discovery procedures shall be established by the Administrative Judge as appropriate under the circumstances. Further guidance, however, may be obtained by referring to the District of Columbia Superior Court Rules of Civil Procedure. Such rules should be interpreted as instructive rather than controlling.

..

619 Subpoenas

619.1 Application for issuance of a subpoena requiring a person to appear and testify at a specific place and time shall be made in writing to the Administrative Judge. All requests for subpoenas ad testificandum shall clearly identify the person subpoenaed and his or her address and shall be supported by a showing of the relevance and materiality of the testimony sought.

619.2 Application for issuance of a subpoena requiring a person to produce documents (including writings, drawings, graphs, charts, photographs, phone records and other recordings, and other data compilations from which information can be obtained) at a specific time and place shall be made in writing to the Administrative Judge. All requests for subpoenas duces tecum shall specify with reasonable particularity the information sought, the facts expected to be established thereby, and how these facts are relevant and material.

619.3 An applicant for a subpoena shall arrange for service; except for good cause shown, service shall be completed no later than 10 calendar days before the date of the requested testimony or production.

619.4 Personal service of a subpoena may be made by any person, not a party, who is at least eighteen (18) years of age. Service of the subpoena shall be attested to in an affidavit by the person making such service. The attesting affidavit shall state the date, time, and method of service.

619.5 Any motion by the subject of a subpoena to limit or quash the subpoena shall be filed within three (3) calendar days of the time for compliance therewith. Such motions shall set forth all assertions of privilege or other factual and legal objections to the subpoena, including all appropriate arguments, affidavits, and other supporting documentation.

619.6 In the case of contumacy or failure to obey a subpoena issued, the Office, pursuant to D.C. Code § 1-606.2(a)(4), may request enforcement of the subpoena in the Superior Court of the District of Columbia .

..

620 Administrative Judges

620.1 Proceedings shall be presided over by an Administrative Judge appointed by the Office.

620.2 Administrative Judges shall conduct hearing fairly and impartially, take all necessary action to avoid delay in the disposition of proceedings, and maintain order. They shall have all powers necessary to that end including, but not limited to, the power to:

(a) Administer oaths and affirmations;

(b) Issue subpoenas and protective orders;

(c) Rule upon motions;

(d) Compel discovery;

(e) Regulate the course of the proceeding, require an evidentiary hearing, if appropriate, fix the time and place of such evidentiary hearing, and exclude persons from such evidentiary hearings for contumacious conduct;

(f) Call and examine witnesses and admit to the record documentary or other evidence;

(g) Dismiss cases based on a settlement agreement reached by the parties; and

(h) Take other appropriate action authorized by statute, these rules, or the Board.

620.3 If a new Administrative Judge is substituted for the one originally assigned, a motion predicated upon such substitution shall be made no later than seven (7) calendar days after the Office notifies the parties of the reassignment. Failure to make such motion within this time period shall constitute a waiver of the right to object to the substitution.

..

621 Disqualification of Administrative Judge

621.1 If an Administrative Judge deems himself or herself disqualified to preside in a particular case, he or she shall withdraw therefrom by notice, on the record, and shall notify the Executive Director of such withdrawal.

621.2 At any time following the assignment of the appeal to an Administrative Judge, and before issuance of an initial decision in the matter under Rule 632, a party may request the Administrative Judge to disqualify himself or herself on the grounds of personal bias or other disqualification, by serving and filing a motion promptly upon the discovery of the alleged facts, with an affidavit setting forth, in detail, the matters alleged to constitute grounds for disqualification.

621.3 If, in the opinion of the Administrative Judge, the affidavit is sufficient on its face, the Administrative Judge shall disqualify and remove himself or herself from the case. If the Administrative Judge does not disqualify himself or herself, the Administrative Judge shall issue a written order to that effect stating the grounds for the ruling.

..

622 Sanctions

622.1 The Administrative Judge may impose sanctions upon the parties as necessary to serve the ends of justice, including, but not limited to, the instances set forth in this section.

622.2 If a party fails to comply with an order for taking a deposition, the production of evidence within the party's control, a request for admission, and/or production of witnesses, the Administrative Judge may, for example:

(a) Draw an inference adverse to the party who failed to comply;

(b) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon evidence relating to, the information sought;

(c) Permit any party who has been prejudiced by the non-compliance to introduce secondary evidence concerning the information sought; and

(d) Strike any part of the pleadings or other submissions of the party failing to comply with such order.

622.3 If a party fails to take reasonable steps to prosecute or defend an appeal, the Administrative Judge, in the exercise of sound discretion, may dismiss the action or rule for the appellant. Failure of a party to prosecute or defend an appeal includes, but is not limited to, a failure to:

(a) Appear at a scheduled proceeding after receiving notice;

(b) Submit required documents after being provided with a deadline for such submission; or

(c) Inform this Office of a change of address which results in correspondence being returned.

622.4 The Administrative Judge may refuse to consider any motion or other action which is not filed in a timely fashion.

..

623 Ex Parte Communications

623.1 Ex parte communication is oral or written communication to decision-making personnel of the Office from a party to a proceeding who does not provide the other party or parties an opportunity to participate.

623.2 An ex parte communication which involves the merits of the case is prohibited.

623.3 In the event of a prohibited communication, the Administrative Judge shall describe that occurrence on the record with notice to the parties either by filing therein a memorandum, if the transaction was oral, or by filing any writing delivered to him or her.

623.4 When an Administrative Judge determines that a party has initiated a prohibited ex-parte communication, the Administrative Judge may impose such sanctions or remedial relief as may be appropriate under the circumstances.

..

624 Pre-Hearing Conferences

624.1 The Administrative Judge may convene a pre-hearing conference to consider:

(a) Simplification, clarification, compromise, or settlement of the issues;

(b) Necessity and desirability of amendments to the pleadings;

(c) Stipulations, admissions of fact, and the contents, admissibility, and authenticity of documents;

(d) Whether the Administrative Judge will order an evidentiary hearing to expedite the presentation of evidence, including, but not limited to, restricting the number of witnesses;

(e) A statement of the issues; and

(f) Such other matters as may aid in the orderly disposition of the proceeding, including disclosure of the names of witnesses and furnishing, for inspection or copying, non-privileged documents, papers, books, or other physical exhibits, which constitute or contain evidence relevant to the subject matter involved and which are in the possession, custody, or control of any party to the proceeding.

624.2 A pre-hearing conference, in the discretion of the Administrative Judge, may be recorded verbatim.

624.3 After such pre-hearing conference, the Administrative Judge may issue an order that identifies the legal and factual issues in the appeal. Unless modified, such order shall control the subsequent course of the proceeding.

624.4 Failure to appear at the pre-hearing conference without good cause and after adequate notice shall constitute, in addition to grounds for sanctions, a waiver by that party of any right to object to the characterization of the issues as set forth in the post pre-hearing order.

..

625 Evidentiary Hearings

625.1 A party may request the opportunity for an evidentiary hearing to adduce testimony to support or refute any fact alleged in a pleading.

625.2 If the Administrative Judge grants a request for an evidentiary hearing, or makes his or her own determination that one is necessary, the Administrative Judge will so advise the parties and, with appropriate notice, designate the time and place for such hearing and the issues to be addressed. The Administrative Judge shall give due regard to the availability of the parties or their authorized representative(s) in designating the time and place of the evidentiary hearing.

625.3 Postponement of an evidentiary hearing will be allowed only upon good cause shown or upon agreement of the parties, with the concurrence of the Administrative Judge. Except in extraordinary circumstances, a motion for a postponement shall not be considered unless it is served and filed at least seven (7) calendar days in advance of the date designated for the evidentiary hearing.

625.4 Failure of a party to appear for an evidentiary hearing, unless excused by the Administrative Judge for good cause shown, before or after the fact, may be deemed to be a waiver by that party of all rights to participate further in the proceeding, and may be grounds for dismissal of the case or the imposition of other sanctions.

625.5 Hearings shall be open to the public, except that the Administrative Judge may order a hearing or any part thereof closed, where a closed hearing would be in the best interest of the employee, a witness, the public, or other affected persons.

..

626 Recording and Transcripts

626.1 Evidentiary hearings shall be recorded verbatim under the supervision of the Administrative Judge and shall be the sole official record of the proceeding.

626.2 A transcript or, if the record was not transcribed, a copy of the recording may be obtained by the parties upon request.

626.3 The Office will provide one (1) copy of the transcript or recording to each party or, if the party is represented, to the representative at no cost. Any additional copies of the record shall be at the expense of the requesting party.

626.4 A party may request correction to the official transcript by written motion. A motion for correction shall be submitted within ten (10) calendar days of receipt of the transcript.

..

627 Presentation of Evidence or Witnesses

627.1 All material and relevant evidence or testimony shall be admissible, but may be excluded if it is unduly repetitious.

627.2 During an evidentiary hearing, a party shall be entitled to present his or her case or defense by oral, documentary or physical evidence, and to conduct reasonable cross-examination.

627.3 Objections to the admission of evidence, or to the conduct of the proceeding, may be made orally on the record where an evidentiary hearing has been provided, or by written motion. Argument thereon, or briefs or legal memoranda, if requested by the Administrative Judge, shall be included in the record. Rulings on objections shall be made at the time of the objection or prior to the receipt of further evidence, unless the Administrative Judge orders otherwise, and shall be a part of the record.

627.4 The parties may agree upon any facts or procedures relevant to the proceeding. Such stipulations shall be binding on the parties.

627.5 The Administrative Judge on his or her own motion or on motion of a party, may take official notice of matters of common knowledge or matters that can be verified. Official notice taken of any fact shall satisfy a party's burden of proving the fact noticed.

627.6 All exhibits offered into evidence shall be numbered and marked so as to identify the party offering the exhibit.

627.7 Whenever evidence is excluded by the Administrative Judge, the offering party may make an offer of proof of what the party expects the evidence to establish. In the case of an evidentiary hearing, if the offer of proof consists of an oral statement, it shall be included in the record. If the offer of proof consists of an exhibit or other documentary evidence, it shall be marked for identification and retained in the record so as to be available for consideration by any reviewing authority.

..

628 Witnesses

628.1 Every person shall be competent to be a witness as to any material matter unless the Administrative Judge finds that the proposed witness is incapable of:

(a) Expressing himself or herself concerning the matter so as to be understood by the Administrative Judge either directly or through interpretation by one who can understand the witness; or

(b) Understanding the duty of a witness to tell the truth.

628.2 Each District of Columbia government agency shall make its employees available to furnish sworn statements or affirmation or to appear as witnesses at depositions and hearings when requested by the Administrative Judge. When providing such statements or testimony, witnesses shall be on official duty status.

628.3 Witnesses not employed by the District of Columbia government may be required to appear by subpoena at the cost of the moving party.

628.4 Witnesses shall have the right to representation when testifying.

..

629 Burden of Proof

629.1 The burden of proof with regard to material issues of fact shall be by a preponderance of the evidence. (Preponderance of the evidence§ shall mean:

That degree of relevant evidence which a reasonable mind, considering the record as a whole, would accept as sufficient to find a contested fact more probably true than untrue.

629.2 The employee shall have the burden of proof as to issues of jurisdiction, including timeliness of filing.

629.3 For appeals filed on or after October 21, 1998, the agency shall have the burden of proof, except for issues of jurisdiction.

629.4 For appeals filed before October 21, 1998, the agency, except for issues of jurisdiction, shall have the burden of proof in appeals filed pursuant to D.C. Code § 1-617.1 (1992 repl.) and the employee shall have the burden of proof in all other appeals.

..

630 Closing the Record

630.1 When an evidentiary hearing has been provided, the record shall be closed at the conclusion of the hearing, unless the Administrative Judge directs otherwise. When no evidentiary hearing has been provided, the record shall be closed on the date set by the Administrative Judge as the final date for the receipt of submissions from the parties.

630.2 Once the record is closed, no additional evidence or argument shall be accepted into the record unless the Administrative Judge reopens the record pursuant to Rule 631.

..

631 Reopening the Record; Termination of Jurisdiction

631.1 The Administrative Judge may reopen the record to receive further evidence or argument at any time prior to the issuance of the initial decision.

631.2 The jurisdiction of an Administrative Judge terminates upon issuance of the initial decision. However, the Administrative Judge shall retain jurisdiction over the appeal to the limited extent necessary to correct the record or transcript, rule on a request by the employee for attorney fees, and process any petition for enforcement.

..

632 Initial Decision

632.1 The Administrative Judge shall issue an initial decision. Such decision shall be issued no later than 120 business days after the employee files a complete petition for appeal. However, the Administrative Judge may extend this period for a reasonable time under extraordinary circumstances.

632.2 The Administrative Judge may, at the conclusion of an evidentiary hearing, render an oral decision, in which case an initial decision in writing shall be issued within thirty (30) days.

632.3 Each initial decision shall contain:

(a) Findings of fact and conclusions of law, as well as the reasons or bases therefor, upon all the material issues of fact and law presented on the record;

(b) An order as to the final disposition of the case, including appropriate relief if granted;

(c) The date upon which the decision will become final; and

(d) A statement of the right to seek further administrative remedy, including the right to petition for review.

632.4 Notwithstanding any other provision of these rules, the Office shall not reverse an agency's action for error in the application of its rules, regulations, or policies if the agency can demonstrate that the error was harmless. (Harmless error§ shall mean:

Error in the application of the agency's procedures, which did not cause substantial harm or prejudice to the employee's rights and did not significantly affect the agency's final decision to take the action.

632.5 The Office shall serve a copy of the initial decision on each party to the proceeding.

..

633 Finality of Decision

633.1 The initial decision shall become final thirty-five (35) calendar days after issuance.

633.2 The initial decision shall not become final if any party files a petition for review or if the Board reopens the case on its own motion within thirty-five (35) calendar days after issuance of the initial decision.

633.3 If the Board denies all petitions for review, the initial decision shall become final five (5) business days after issuance of the last denial.

633.4 If the Board grants a petition for review or reopens a case, the subsequent decision of the Board shall be the final decision.

633.5 Administrative remedies shall be considered exhausted when a decision becomes final in accordance with this section.

..

634 Petitions for Review

634.1 Any party to the proceeding may serve and file a petition for review of an initial decision with the Board within thirty-five (35) calendar days of issuance of the initial decision.

634.2 Within thirty-five (35) calendar days after the filing of the petition for review, any party may file an answer.

634.3 The petition for review shall set forth objections to the initial decision supported by reference to the record. The Board may grant a petition for review when the petition establishes that:

(a) New and material evidence is available that, despite due diligence, was not available when the record closed;

(b) The decision of the Administrative Judge is based on an erroneous interpretation of statute, regulation or policy;

(c) The findings of the Administrative Judge are not based on substantial evidence; or

(d) The initial decision did not address all material issues of law and fact properly raised in the appeal.

634.4 Any objections or legal arguments which could have been raised before the Administrative Judge, but were not, may be considered waived by the Board.

634.5 The Board may review an initial decision on its own motion within thirty-five (35) days of issuance of the initial decision.

634.6 The Board may order oral argument on its own motion or on motion filed by any party.

634.7 The Board may affirm, reverse, remand, modify or vacate the initial decision, in whole or in part. Where appropriate, the Board shall issue a final decision and order a date for compliance.

634.8 The Board's decision on whether to grant or deny a petition for review shall be by public vote. However, the Board's final decision shall be the written opinion and order.

634.9 An employee or agency may appeal a final decision in accordance with the District of Columbia Government Comprehensive Merit Personnel Act of 1978, D.C. Code § 1-601.1 et seq.

..

635 Attorney Fees

635.1 An employee shall be entitled to an award of reasonable attorney fees if:

(a) He or she is a prevailing party; and

(b) The award is warranted in the interest of justice.

635.2 Unless the Administrative Judge directs otherwise, a request for attorney fees shall be made by written motion within thirty (30) calendar days of the date that the initial decision becomes final.

635.3 An employee shall submit reasonable evidence or documentation to support the number of hours expended by the attorney on the appeal.

635.4 The Board each year may approve standard hourly rates for fees for attorneys who practice before the Office.

635.5 An agency may file a written opposition to the employee§s motion for attorney fees within fifteen (15) business days of service of the motion or within such time as the Administrative Judge may direct. In its written opposition the agency must state its objection to the employee§s request for attorney fees with particularity and clarity.

635.6 A decision by an Administrative Judge on a request for attorney fees shall be considered an addendum to the initial decision.

..

636 Compliance and Enforcement

636.1 Unless the Office's final decision is appealed to the District of Columbia Superior Court, the District agency shall comply with the Office's final decision within thirty (30) calendar days from the date the decision becomes final.

636.2 If any District agency fails to comply with the final decision of the Office within the time period specified in Rule 636.1, the employee may file a motion to enforce the final decision. The motion shall be directed to the Administrative Judge who decided the appeal.

636.3 The agency shall have fifteen (15) business days to respond to the employee's motion.

636.4 The employee, with specificity, shall explain in the motion how the agency has failed to comply with the Office's decision. The agency shall include in its answer a statement which admits or denies each allegation in the employee's motion.

636.5 The parties shall serve the motion and answer on each other.

636.6 Failure by the agency to file an answer to the motion for enforcement shall be construed as an admission of the employee's allegations.

636.7 The Administrative Judge shall take all necessary action to determine whether the final decision is being complied with and shall issue a written opinion on the matter.

636.8 If the Administrative Judge determines that the agency has not complied with the final decision, the Administrative Judge shall certify the matter to the General Counsel. The General Counsel shall order the agency to comply with the Office's final decision in accordance with D.C. Code § 1-606.2.

636.9 If the agency fails to comply with the order, the General Counsel may take such actions as are necessary to secure compliance with the order, including forwarding the matter to the Office of the Mayor or other responsible official for direct enforcement.

 

High court backs Superfund
Investor's Business Daily
The Supreme Court rejected GE's (GE) challenge to the federal toxic waste cleanup law, upholding a US appeals court ruling. GE had argued the Superfund provision letting the EPA issue unilateral orders violated constitutional due process rights. ...
See all stories on this topic »

Securities: The Supreme Court and
SEC Enforcement under Dodd-Frank

Wednesday, June 15, 2011

This high-level discussion will include the impact of SEC enforcement under Dodd-Frank, in depth discussion of recent Supreme Court decisions and new trends in derivative actions. Learn first-hand important securities issues and decisions that could impact your firm or your clients in this special Recorder Roundtable at this live, two-hour CLE program that includes networking time and audience Q&A.

Panelists
Tammy Albarrán, Covington & Burling LLP
Steven Kaufhold, Kaufhold Gaskin LLP
Jared Kopel, Wilson Sonsini Goodrich & Rosati, P.C.
Mark Molumphy, Cotchett, Pitre & McCarthy LLP

Moderator
Vitaly Gashpar, Substantive Law Editor, The Recorder

Register at www.therecorder.com/securities

Wednesday, June 15, 2011
8:30 - 9:00 am - Networking and continental breakfast
9:00 - 11:00 am - Program

S.F. COMMONWEALTH CLUB
595 Market Street (at Second)
San Francisco , CA 94104
(Montgomery St. BART/Muni Metro)

2.0 CLE credits

Only $119.00


Sponsored in part by:

Expanding the Conversation on Environmentalism and Working for Environmental Justice: We have begun a new era of outreach and protection for communities historically underrepresented in EPA decision-making.  We are building strong working relationships with tribes, communities of color, economically distressed cities and towns, young people and others, but this is just a start.  We must include environmental justice principles in all of our decisions.  This is an area that calls for innovation and bold thinking, and I am challenging all of our employees to bring vision and creativity to our programs.  The protection of vulnerable subpopulations is a top priority, especially with regard to children.  Our revitalized Children's Health Office is bringing a new energy to safeguarding children through all of our enforcement efforts.  We will ensure that children's health protection continues to guide the path forward.

Building Strong State and Tribal Partnerships : States and tribal nations bear important responsibilities for the day-to-day mission of environmental protection, but declining tax revenues and fiscal challenges are pressuring state agencies and tribal governments to do more with fewer resources.  Strong partnerships and accountability are more important than ever.  EPA must do its part to support state and tribal capacity and, through strengthened oversight, ensure that programs are consistently delivered nationwide.  Where appropriate, we will use our own expertise and capacity to bolster state and tribal efforts.

We will also focus on improving EPA's internal operations, from performance measures to agency processes. 

News & Announcements

6/7 - EPA Administrator Announces $76 Million to Clean Up Contaminated Sites and Revitalize Communities / EPA brownfields investments protect health and environment, create jobs and promote economic re-development nationwide

 

« Investing in Our Communities and Creating Jobs

Science Wednesday: The Future is Now

Posted on June 8th, 2011 - 10:30 AM EPA Testimony Statements

Legislative Hearings and Testimony

Congressional Hearings Held Before The House and Senate Committees for 2011 and 2012

First Session of the 112th Congress

 

First Session of the 112th Congress

Agency Witness EPA Program Office

Hearing Date

Congressional Committee Holding Hearing

Subject of Congressional Hearing

Richard Greene, Chief, Ecosystem Dynamics & Effects Branch, Gulf Ecology Division

6/01/2011 (PDF) (8 pp, 50K)

House Subcommittee on Energy & Environment

Harmful Algal Blooms & Hypoxia Research & Control Amendments Act of 2011 (PDF) (8 pp, 50K)

Lisa Jackson, Administrator, EPA

5/24/2011 (PDF) (2 pp, 23K)

House Committee on Oversight & Government Reform

Drilling Operations on OCS (PDF) (4 pp, 23K)

Dr. Paul Anasta, Assistant Administrator for Research & Development

5/11/2011 (PDF) (4 pp, 22K)

House Committee on Science, Space & Technology

Potential Impacts of Hydraulic Fracturing on Drinking Water Resources (PDF) (4 pp, 22K)

Mathy Stanislaus, Assistant Administrator, Office of Solid Waste & Emergency Response

4/14/2011 (PDF) (6 pp, 22K)

House Energy & Commerce, Subcommittee on the Environment & Economy

Coal Combustion Residuals & H.R.1391 (PDF) (6 pp, 22K)

Gina McCarthy, Assistant Administrator, Office of Air & Radiation

4/13/2011 (PDF) (6 pp, 70K)

Senate Environment & Public Works

Renewable Fuel Provisions of the Energy Independence & Security Act of 2007 (EISA) (PDF) (6 pp, 70K)

Lisa Jackson, Administrator

4/12/2011 (PDF) (6 pp, 39K)

Senate Environment & Public Works

Review of the Nuclear Emergency In Japan & Implications for the United States (PDF) (6 pp, 22K)

Bob Perciasepe, Deputy Administrator

4/12/2011 (PDF) (7 pp, 37K)

Senate Environment & Public Works, Subcommittee on Water & Wildlife

Safety of Natural Gas Production (PDF) (7 pp, 37K)

Gina McCarthy, Assistant Administrator, Office of Air and Radiation

3/24/2011 (PDF) (5 pp, 76K)

House Energy and Commerce Committee, Subcommittee on Energy and Power

Focus on Texas' Economy, Energy Prices and Jobs (PDF) (5 pp, 76K)

Lisa P. Jackson, Administrator

3/16/2011 (PDF) (6 pp, 36K)

Senate Appropriations Committee; Interior, Environment and Related Agencies Subcommittee

EPA Budget (PDF) (6 pp, 36K)

Bob Perciasepe, Deputy Administrator

3/16/2011 (PDF) (18 pp, 191K)

House Conservation, Energy & Forestry Subcommittee

Chesapeake Bay Watershed (PDF) (18 pp, 191K)

Lisa P. Jackson, Administrator

3/11/2011 (PDF) (7 pp, 115K)

House Energy and Commerce Committee, Subcommittees on Energy and Power, Energy and Environment (joint)

EPA Budget (PDF) (7 pp, 115K)

Paul Anastas, PhD, AA for Research & Development

3/10/2011 (PDF) (3 pp, 186K)

House Science & Technology

FY'2012 Budget for ORD (PDF) (3 pp, 186K)

Lisa Jackson, Administrator

3/10/2011 (PDF) (19 pp, 240K)

House Agriculture Committee

EPA's Mission to Protect Human Health & Interaction with the Agriculture Community (PDF) (19 pp, 240K)

Lisa Jackson, Administrator

3/03/2011 (PDF) (6 pp, 105K)

House Appropriations Committee; Interior, Environment and Related Agencies Subcommittee

EPA Budget (PDF) (6 pp, 105K)

Lisa Jackson, Administrator

3/02/2011 (PDF) (7 pp, 115K)

Senate Environment & Public Works Committee

Environmental Protection Agency's Proposed Budget (PDF) (7 pp, 115K)

Mathy Stanislaus, Assistant Administrator, Office of Solid Waste & Emergency Response

3/02/2011 (PDF) (8 pp, 42K)

House Transportation & Infrastructure, Subcommittee on Water Resources & Environment

EPA's proposed budget for Water & Solid Waste Programs (PDF) (8 pp, 42K)

Nancy Stoner, Acting Assistant Administrator, Office of Water

3/02/2011 (PDF) (5 pp, 27K)

House Transportation & Infrastructure, Subcommittee on Water Resources & Environment

EPA's proposed budget for Water & Solid Waste Programs (PDF) (5 pp, 27K)

Gina McCarthy, Assistant Administrator, office of Air and Radiation

3/01/2011 (PDF) (5 pp, 27K)

House Transportation & Infrastructure, Subcommittee on Water Resources & Environment

EPA's Greenhouse Gas Regulations and Their Effect on American Jobs (PDF) (5 pp, 83K)

Dr. Steven Bradbury, Director, office of Pesticide Programs

2/16/2011 (PDF) (10 pp, 34K)

Joint Public Hearing
Subcommittee on Nutrition and Horticulture, Committee on Agriculture and the subcommittee on Water Resources and Environment, Committee on Transportation and Infrastructure

To Consider Reducing Burdens Posed by the Case National Cotton Council v. EPA (6th Cir. 2009) and to Review Draft Legislation (PDF) (10 pp, 34K)

Lisa P. Jackson, Administrator

2/09/2011 (PDF) (3 pp, 580K)

House Energy and Commerce Committee, Subcommittee on Energy and Power

The Energy Tax Prevention Act of 2011 (PDF) (3 pp, 580K)

Lisa P. Jackson, Administrator

2/09/2011 (PDF) (3 pp, 582K)

House Energy & Commerce, Subcommittee on Energy & Power

Draft Bill to Eliminate Portions of the CAA (PDF) (3 pp, 582K)

Steve Owens, Assistant Administrator, Office of Chemical Safety and Pollution Prevention

2/03/2011 (PDF) (8 pp, 68K)

Subcommittee on Superfund, Toxics and Environmental Health

Reform of Chemicals Management (PDF) (8 pp, 68K)

Lisa P. Jackson, Administrator

2/03/2011 (PDF) (8 pp, 40K)

Senate Committee on Environment and Public Works

Oversight Hearing on the Public Health and Drinking Water Issues (PDF) (8 pp, 40K)

General Information

EPA Testimony Statements For Past Congress:

Other Useful Links and Information:

About OCIR | Office of the Administrator
Thomas - Legislative Information [Exit EPA] | US State and Local Gateway [Exit EPA]

Local Navigation

http://www.epa.gov/ocir/hearings/index.htm

Print As-Is

Last updated on Monday, June 06, 2011

New veterans clinic lauded as boost to community

June 08, 2011 By Ryan McCarthy/Appeal-Democrat

The U.S. Army veteran lives in the foothills now, but he grew up across the street from the Yuba City site where a groundbreaking today marked the start of a new health service clinic for veterans.

"It's going to work for us guys a lot better," said Marvin Thrasher, 66, a 1963 graduate of Yuba City High School who served in Vietnam in 1967-68.

The Loma Rica resident said he faces a 50-mile trip when traveling to veterans clinics in Chico or the Sacramento area. The Yuba City Outpatient Clinic at the northeast corner of Plumas Boulevard and Franklin Avenue had been talked about for some time, he noted.

"We kept our heads up and hoped it would happen," Thrasher said after groundbreaking ceremonies.

Olivehurst resident Ray Caballero, 69, a Marine Corps veteran who served in Vietnam , schedules his trips to veterans health clinics outside this area during mid-day to avoid traffic, and said the Yuba City facility has been planned for years.

"They kept saying we would possibly get one," agreed Butte County resident Ernest Hunley, a Vietnam veteran who served in the Marine Corps from 1961-69. "But they've been saying that for years."

Dr. Bill Cahill, chief of staff for the Veterans Administration Northern California Health Care System, told the approximately 100 people gathered today at the site about the opportunity the clinic presents.

"We're starting with a clean sheet of paper here," he said. "We can design the whole process."

U.S. Rep. Wally Herger, R-Chico, said after speeches and the formal groundbreaking that the new facility is much needed. There are an estimated 13,000 veterans in the Yuba-Sutter area.

"This is such a blessing," Herger said.

Yuba City City Council members in April approved the development agreement for the clinic, an action that cleared the way for the sale of 1.7 acres of city property for $387,500 in connection with the federal project.

Darin Gale, economic development manager for Yuba City , said grading at the site will start Thursday and that work is expected to completed in about six months. The city redevelopment agency land is part of 22 acres the municipality bought from Del Monte in 1990, he said.

The transformation of the area includes a medical building constructed in 2002 after the city sold an acre of the old Del Monte property, Gale added.

Councilman John Buckland called the clinic "a fantastic service to our veterans" and Councilman Tej Maan said former military members deserve the facility, located close to transportation and restaurants .

Sutter County Supervisor Stan Cleveland said the building represents a doorway to new grants unavailable without such a facility.

Robert Pfenning, senior master sergeant with a reserve aerospace medicine squadron at Beale Air Force Base, cited the clinic's benefits to those serving at the base in Yuba County .

"When they retire or separate, this is going to be a resource," Pfenning said.

The contractor for the project is California Gold Development Corp. The clinic will occupy the first floor, which is planned to be about 11,000 square feet. The second floor, about 12,000 square feet, will be available for lease.

A company spokesman declined earlier to state the cost of the project.

CONTACT reporter Ryan McCarthy at 749-4780.

HIGH-SPEED RAIL

By Seth Nidever snidever@HanfordSentinel.com | Posted: Wednesday, June 8, 2011

In the second of two meetings on Tuesday, a California High-Speed Rail Authority official holding a public forum at the Kings Fairgrounds got more criticism from angry local residents who oppose the rail project's route through the county.

Many who attended the first meeting, held earlier by county supervisors, also showed up to the forum hosted by the authority.

The rail authority scheduled the meeting in response to criticism earlier this month after a meeting at Kit Carson Elementary School failed to provide residents a chance to speak publicly. The meeting had been slated to present the community with informal graphs, charts and displays.

Residents got their chance to speak this time, and they took full advantage of it. Person after person in an estimated crowd of 225 - many of them landowners who would be directly affected - lambasted the authority for everything from failing to notify residents along the route that they would be affected, for having an uncaring attitude about the local impact, to not having enough money to complete the system, which is intended to connect all the state's major urban areas from the Bay Area to San Diego.

"This is the most bass-ackwards plan I have seen in my 64 years," said Hanford resident Jerry Sojfer.

Only Hanford resident Veronica Felts spoke out in favor of the project.

"I am genuinely concerned about my future," she said, defending the high-speed rail line as necessary for economic development.

Boos and jeers were directed at Felts, but some yelled out, "Let her speak!"

After the meeting, Hanford resident Andrew Picard, who started a Facebook page last week called "Citizens Who Support High Speed Rail in the Central Valley ," defended the project in an interview.

"It's sad. There's no amount of money that can compensate people for the loss of their land," he said. "However, we have to think of the future of gas prices, our jobs. I think there's a large, unheard majority who do want high-speed rail, but they don't have skin in it. I think [high-speed rail] is going to hurt now and heal later."

" California 's high-speed rail system will link the Central Valley to the state's major metropolitan markets in a transformative way. Stations will provide economic opportunities and anchor sprawl in a way that will preserve our farmlands," said Rachel Wall, high-speed rail spokeswoman, in a statement emailed to The Sentinel before the meeting.

But it was farmer John Tos who spoke publicly for many at the meeting who are determined not to see high-speed trains slicing through Kings County cropland and dairies.

"We need to put these [high-speed rail] people out of business," he said.

The reporter can be reached at 583-2432.

‘Nat'l Dialogue on Access to Environmental Information' Category

I Know That Data Is Here Somewhere…

Friday, July 31st, 2009

I have to admit that after 15 years of working at EPA, I still have trouble finding environmental data. Web searches don't help that much so I rely on people like my friend Tim to email me data about hazardous waste. But I shouldn't have to know every database manager to get EPA's data.

It turns out that I'm not the only person with this problem. Last year EPA's Office of Environmental Information hosted the National Dialogue on Access to Environmental Information to learn about the information access needs of our major audiences. We held listening sessions throughout the country and encouraged people to comment using blogs and wikis. From the thousands of comments we received we developed EPA's Information Access Strategy , which describes key themes and a direction for EPA to address these needs. One of the common themes was: we need environmental data, but we don't know where to find it. In response to these comments we've built Data Finder , a single place to find EPA's data sources, so people can access and understand environmental information.

Data Finder points to data sources: EPA-hosted web sites where numerical data can be downloaded. You can find data sources by clicking on key words or by typing terms into a search box. One click brings you to the source itself. By making data EPA information easier to find, understand, and use, Data Finder complements the Obama Administration's commitment to a transparent and participatory government. It helps lay the foundation for more open conduct of Agency business and broader, more effective participation by the public.

I think Data Finder is a good first step for finding EPA's data, but I know it only contains a subset of the data that's out there. Please try Data Finder and tell us what information you'd like to see and how to make the site more useful. We'll post your comments and tell you how we're updating the site in response to your comments. And let's leave Tim out of this.

About the author: Ethan McMahon has worked at EPA since 1994. Most recently he helped develop the Agency's Information Access Strategy and the 40-page Report on the Environment: Highlights Document. Prior to working at EPA he evaluated alternative refrigerants and designed high efficiency heat pumps. Ethan believes that making information available can enable lots of people to find solutions to environmental problems.

Science Wednesday: Square Pegs, Round Holes, and Chemical Safety for Sustainability

Wednesday, April 27th, 2011

Each week we write about the science behind environmental protection. Previous Science Wednesdays.

By Jeff Morris, PhD

All our lives we have been cautioned against trying to fit square pegs into round holes. The metaphor itself is constructed to make such an effort seem foolish and just a bit unsavory: forcing the hard edges of a square into the smooth curves of a circle evokes a certain violence and violation of geometric propriety. And the message behind the saying is clear: don't try to join things that clearly don't belong together.

However, fitting square pegs into round holes is just what we are doing in EPA's Office of Research and Development: we are encouraging new collaborations between scientific disciplines to formulate innovative science questions to address chemical safety. We think this is a very good thing, but it does raise questions.

What, for instance, does cultural anthropology have to do with molecular design? Perhaps nothing; or perhaps quite a bit. A cultural anthropologist would be interested in how a society's institutions shape the tools it creates and how it uses those tools. A chemist or engineer designs a chemical or material object with some intention in mind. (Design implies intent: nobody creates something for no reason). Once designed, how will society use the new chemical or material? Importantly for EPA, will it be used in a way that minimizes impact on, or perhaps even improves, the environment and human well-being? Neither the chemist nor the anthropologist alone can answer these questions. But perhaps the two of them, together with environmental scientists, can. Maybe a fit can be found for a square peg within a round hole.

Finding flex in the square peg/round hole metaphor doesn't mean forcing fits that don't make sense. In EPA's Chemical Safety for Sustainability Research Program, sometimes we will need to just let chemists do their chemistry within their own disciplinary space. However, all the while we can be mindful that sometimes square edges can be rounded off and the walls of circles stretched, and bringing together very different scientific disciplines can lead to the shaping of innovative research questions that take science in new and rewarding directions. Since old ways of working within disciplinary boundaries have not always given us science and technology that has advanced environmental sustainability, perhaps it's time to not take as given old sayings and metaphors, and see if we can't fit a few square pegs into round holes.

About the author: Jeff Morris, PhD is the National Program Director for Nanotechnology in EPA's Office of Research and Development.

Editor's Note: The opinions expressed in Greenversations are those of the author. They do not reflect EPA policy, endorsement, or action, and EPA does not verify the accuracy or science of the contents of the blog.

 

 

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•  Deputy Under Secretary of Defense for Installations and Environment (DUSD/I&E) – Office responsible for oversight and policy guidance for all Department of Defense Installations and Environmental Programs. This includes environmental, safety, and occupational health policies and programs; restoration at active and closing bases; compliance with environmental laws; conservation of natural and cultural resources; pollution prevention, environmental technology, fire protection, and explosives safety.

•  Base Realignment and Closure (BRAC) Environmental Cleanup – Provides BRAC Cleanup Teams and associated personnel with information and the latest news on emerging policies and inactives on BRAC cleanup.

•  Defense Environment Network & Information Exchange (DENIX) – Provides information, communication and collaboration services to Department of Defense environmental personnel, State regulatory and educational environmental offices, the environmental international community, and the general public.

•  Defense Technical Information Center — Central facility for searching, displaying, or ordering scientific and technical reports and summaries from DoD.

•  Department of Defense Environmental Cleanup – Provides information from DoD's Cleanup Office and Defense Environmental Restoration Program (DERP), which are charged with reducing risks to human health and the environment at active, formerly used, and closing bases and former DoD properties.

•  Department of Defense Explosives Safety Board (DDESB) – Provides objective advice to the Secretary of Defense and Service Secretaries on matters concerning explosives safety and prevention of hazardous conditions to life and property on and off Department of Defense installations from the explosives and environmental effects of DoD titled munitions.

•  DoD Environmental Security Technology Certification Program – ESTCP's goal is to demonstrate and validate promising, innovative technologies that target the Department of Defense's most urgent environmental needs. These technologies provide a return on investment through cost savings and improved efficiency.

•  National Defense Center for Environmental Excellence (NDCEE) – Serves as a national leadership organization to address high priority environmental problems for the Department of Defense, other government organizations, and the industrial community.

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U.S. Air Force

•  Deputy Assistant Secretary of the Air Force, Environment, Safety and Occupational Health – Office responsible for providing guidance, direction, and oversight on all matters pertaining to the formulation, review, and execution of Air Force plans, policies, programs, and budgets related to environment, safety, and occupational health.

•  Air Force Center for Engineering & the Environment – Provides Air Force leaders with the comprehensive expertise they need to protect, preserve, restore, develop and sustain our nation's environmental and installation resources

•  Edwards Air Force Base Environmental Management – As home of the Air Force Flight Test Center, focuses focuses on helping the flight testers maintain access to the unique physical environment the desert provides for flight testing and other operations, while not upsetting the delicate balance of the desert ecosystem.

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U.S. Army

•  Army Environmental Center (AEC) – Provides central planning, management, coordination, oversight, and technical support to the Army's environmental programs. Develops, executes, and provides management oversight of Army environmental programs in support of ACSIM and Office of the Director Environmental Programs, including restoration of contaminated lands, pollution prevention, technology transfer, reporting and tracking of Army programs, conservation of natural and cultural resources, and compliance with environmental standards and criteria.

•  Army Corps of Engineers (USACE) Headquarters – Provides information on USACE's mission, organizational units, and the environmental and other services USACE provides to the military and the public.

•  Engineer Research and Development Center (ERDC) Environmental Laboratory – Engages in research, development, special studies, and technology transfer to support the environmental missions of the Army and DoD.

•  Environmental Division – Cleans up sites contaminated with hazardous waste, radioactive waste, or ordnance and complies with Federal, State, and local environmental laws and regulations.

•  Environmental and Munitions Center of Expertise – Provides information and assistance on topics related to environmental remediation and environmental compliance, including innovative technologies, environmental risk assessment, ecological risk assessment, environmental engineering, cost recovery, and military munitions.

•  Innovative Technology Program – Provides synopses of applying innovative technologies at a variety of sites, and solving a wide range of contaminant problems. This web site includes the USACE points of contact and their telephone number for each featured site.

•  Wetlands Research and Technology Center – Facilitates and coordinates wetlands scientific and engineering work, wetlands training, and interagency coordination efforts and responds to wetlands-related questions from DoD, other Federal, and State agencies as well as from academia, industry, and the general public.

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U.S. Navy

•  Naval Facilities Engineering Command (NAVFAC) – Provides timely and effective facilities engineering solutions and push the envelope for innovative, technology-leveraged strategies and alternatives in a variety of areas, including base realighnment and closure and environmental programs.

•  Naval Facilities Engineering Service Center (NFESC) – List of services through which the Navy provides customers with professional assitance in solving environmental cleanup, compliance, and pollution prevention problems.

•  Navy Environmental Leadership Program (NELP) – Identifies environmental issues affecting Navy and Marine Corps ships, commands or activities, demonstrates and validates innovative technologies and/or processes for addressing these issues, and disseminates Lessons Learned throughout the Naval and Marine Corps communities. NELP activities are carried out by Naval Air Station (NAS) North Island in Coronado , California and Naval Station Mayport, Florida .

•  Navy Technology Transfer Page – Highlights technology transfer efforts conducted by the Navy's environmental community and Navy efforts to increase the use of innovative technologies and approaches to reduce environmental cleanup costs.

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U.S. Department of Energy

•  Office of Environmental Management (EM) – Office responsible for centralized management of DOE waste management operations, environmental restoration programs and activities, and related applied research and development. EM also provides direction, policy, and management oversight to the DOE Operations Offices at Idaho (ID), Ohio (OH), Rocky Flats (RF), Richland (RL), Savannah River (SR), and the Office of River Protection (ORP) at Richland .

•  Data Quality Objectives (DQO) – A systematic procedure for defining the criteria that a data collection design should satisfy, including when to collect samples, where to collect samples, the tolerable level of decision error for the study, and how many samples to collect, balancing risk and cost in an acceptable manner.

•  DOE Information Bridge – Provides an open source to full-text and bibliographic records of DOE research and development reports in physics, chemistry, materials, biology, environmental sciences, energy technologies, engineering, computer and information science, renewable energy, and other topics produced by the DOE National Laboratories and grantees since 1995.

•  EM Paths to Closure – Web page containing a site-by-site, project-by-project description of the projected technical scope, cost, and schedule required to complete the DOE's remaining cleanup sites in the United States.

•  Office of Engineering and Technology – Environmental Management (EM) Office of Engineering and Technology activities identify and advances technologies, processes, and technical practices that improve the performance of environmental management projects over their entire lifecycle, from planning to disposal. These efforts provide the highest level of interdisciplinary engineering consultation, guidance, expertise, and continuity in the organization. It provides DOE with development and implementation of engineering concepts, practices, programs and advance technologies for improvement of design, construction, and system/facilities management activities.

•  Office of Site Closure – The Office of Site Closure has consolidated management of all cleanup/operations for seven of the Department of Energy's Office of Environmental Management (EM) field offices. The Office has redirected its program to create a culture of closure with the sole focus of achieving cleanup and closing sites.

DOE National Laboratories

•  Ames Laboratory Environmental Technology Development Program – Technology information under development at Ames Lab for application at DOE sites.

•  Lawrence Livermore National Laboratory Environmental Restoration Division – Information on environmental projects from Lawrence Livermore National Laboratory.

•  Los Alamos Environmental Science and Technology – Information on innovative technologies from Los Alamos National Laboratory.

•  Pacific Northwest National Laboratory Environmental Technology Division – Environmental restoration project information from DOE's Hanford Reservation and Pacific Northwest National Laboratory.

•  Sandia National Laboratory – Environmental restoration project information from Sandia's environmental program.

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U.S. Environmental Protection Agency

•  Hazardous Waste Cleanup Information (CLU-IN) – World Wide Web site offering comprehensive information designed to assist hazardous waste cleanup professionals in finding the latest information on innovative hazardous waste treatment technologies, including information on programs, organizations, publications, and access to data bases and other tools for cleanups. CLU-IN users include EPA staff, other Federal and State personnel, consulting engineers, technology vendors, remediation contractors, researchers, community groups, and the public.

•  Brownfields Cleanup and Redevelopment – Information on efforts to cleanup and reuse abandoned, idled, or under-used industrial and commercial facilities, known as Brownfield sites, where redevelopment is complicated by real or perceived environmental contamination.

•  Dense Nonaqueous Phase Liquids (DNAPLs) – This website compiles available information related to the cleanup of dense nonaqueous-phase liquids (DNAPLs) at hazardous waste sites. The site addresses the most common DNAPL contaminants: chlorinated ethenes (e.g., tetrachloroethene and trichloroethene) and multi-component wastes (creosotes, coal tars, and heavy oils), with an emphasis on source zone cleanup. It provides information about available remediation technologies, such as bioremediation, in situ flushing and oxidation, and thermal processes. U.S. EPA's Office of Superfund Remediation and Technology Innovation plans to add new resources as they become available, and future expansion may include ethers, halogenated alkanes, polychlorinated biphenyls, and other chemicals that form DNAPLs.

•  Environmental Technology Verification Program (ETV) – Verifies the performance of innovative technical solutions to problems that threaten human health or the environment. Managed by EPA's Office of Research and Development, ETV was created to substantially accelerate the entrance of new environmental technologies into the domestic and international marketplace. ETV verifies commercial-ready, private sector technologies through 12 programs.

•  Federal Facilities Restoration & Reuse Office – Provides links to documents containing comprehensive information on existing and potential treatment technologies for remediation of hazardous waste at Federal facilities.

•  Office of Solid Waste and Emergency Response (OSWER) – Responsible for EPA programs to protecting public health and the environment through safely managing waste, preparing for, and preventing chemical and oil spills, accidents and emergencies cleaning up and reusing contaminated property.

•  Superfund Innovative Technology Evaluation (SITE) Program – Established by EPA's Office of Solid Waste and Emergency Response and the Office of Research and Development in response to the 1986 Superfund Amendment and Reauthorization Act, which recognized a need for an "Alternative or Innovative Treatment Technology Research and Demonstration Program."

•  Training Exchange – Provides a range of training information to EPA, other Federal agency, State, Tribal, and local staff involved in hazardous waste management and remediation.

•  Technology Transfer Highlights – Information on technology transfer projects and support from the Agency's National Risk Management Research Laboratory (NRMRL). The laboratory conducts research in a variety of areas, including protection of water quality in public water systems; remediation of contaminated soils, sediments and ground water; and restoration of ecosystems.

•  Vendor and Developer Support – Provides technology developers and vendors with tools to help advance technologies through all stages of product development from bench scale to full commercialization. The materials cover a broad range of topics that include business planning, marketing, financing, and technical issues and sources.

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U.S. Department of Interior

•  U.S. Fish and Wildlife Service Division of Environmental Quality – The U.S. Fish and Wildlife Service (Service) is the main federal agency dedicated to protecting wildlife and their habitat from pollution's harmful effects, helping to create a healthy world for all living things.

•  U.S. Geological Survey Toxic Substances Hydrology Program – Provides objective scientific information to improve characterization and management of contaminated sites, to protect human and environmental health, and to reduce potential future contamination problems.

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National Aeronautics and Space Administration (NASA)

•  Environmental Management Division – Provides leadership, policy, oversight and coordination for NASA institutional and programmatic environmental issues, including those directed toward advancing environmental stewardship, and ensuring environmental statutory and regulatory compliance.

•  NASA Innovative Partnerships Program – Provides online access to a national network of programs, organizations and services sponsored by and affiliated with the IPP at NASA Headquarters and to access opportunities for technology transfer, development and collaboration with NASA.

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Selected Technology-Related Research and Partnership Organizations

•  Federal Demonstration Partnership (FDP) – A cooperative initiative among Federal agencies and institutional recipients of Federal funds. It was established to increase research productivity by streamlining the administrative process and minimizing the administrative burden on principal investigators while maintaining effective stewardship of Federal funds. FDP members include academic and research institutions, Federal agencies, and professional organizations. Given the ever-increasing Federal regulatory environment and the strain on the relationship between academia and the Federal government, FDP provides a unique forum for dialogue, demonstration, and debate among all the key players.

•  Federal Integrated Biotreatment Consortium – Operates under the Strategic Environmental Research and Development Program (SERDP) to develop implementable, cost-effective bioremediation technologies for addressing explosives, high molecular weight polycyclic aromatic hydrocarbons (PAHs), chlorinated solvents, polychlorinated biphenyls (PCBs).

•  Interstate Technology & Regulatory Council (ITRC) – A national coalition of State environmental regulatory agencies working with Federal agencies and other stakeholders to improve the acceptance and deployment of innovative environmental technologies. ITRC programs focus on building national/regional partnerships and establishing interstate verification standards and mechanisms that encourage regulators and regulated entities to explore innovative solutions to environmental protection, site restoration, and resource conservation problems.

•  National Research Council – The National Research Council (NRC) functions under the auspices of the National Academy of Sciences (NAS), the National Academy of Engineering (NAE), and the Institute of Medicine (IOM). The NAS, NAE, IOM, and NRC are part of a private, nonprofit institution that provides science, technology and health policy advice.

•  Sediment Dredging at Superfund Megasites: Assessing the Effectiveness (2007) – This report was produced by the National Research Council (NRC) for the U.S. EPA and evaluates dredging as a cleanup technique. The report finds that, based on a review of available evidence, dredging's ability to decrease environmental and health risks is still an open question. Analysis of pre-dredging and post-dredging at about 20 sites found a wide range of outcomes in terms of surface sediment concentrations of contaminants: some sites showed increases, some no change, and some decreases in concentrations.

•  Strategic Environmental Research and Development Program (SERDP) – DoD's corporate environmental research and development program, planned and executed in full partnership with the DOE and U.S. EPA, with participation by numerous other Federal and non-Federal organizations. Within its broad areas of interest, the Program focuses on cleanup, compliance, conservation, and pollution prevention technologies. SERDP identifies, develops, and transitions environmental technologies that relate directly to defense mission accomplishment.

•  Superfund Basic Research Program (SBRP) – Focuses on acquiring new scientific and engineering knowledge that advances society's understanding of the human and ecological risks from hazardous substances and the development of new technologies for the cleanup of Superfund sites. Results of SBRP efforts serve as the basis for subsequent basic or applied research in these areas, but also provides a foundation for practical benefits such as lower cleanup costs on hazardous waste sites and improvements in human and ecological health risk assessment.

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TITLE 49 > SUBTITLE V > PART A > CHAPTER 201 > SUBCHAPTER I > § 20114 Prev | Next

§ 20114. Judicial procedures

How Current is This? (a) Criminal Contempt.— In a trial for criminal contempt for violating an injunction or restraining order issued under this chapter, the violation of which is also a violation of this chapter, the defendant may demand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.). (b) Subpenas For Witnesses.— A subpena for a witness required to attend a district court of the United States in an action brought under this chapter may be served in any judicial district. (c) Review of Agency Action.— Except as provided in section 20104 (c) of this title, a proceeding to review a final action of the Secretary of Transportation under this part or, as applicable to railroad safety, chapter 51 or 57 of this title shall be brought in the appropriate court of appeals as provided in chapter 158 of title 28 .

Transitional Sheltering Assistance for Displaced Individuals and Households
Type: Significant Policy Document File: dap_9443_2.pdf
Office / Directorate: DAD
Issuance Date: 2008-09-22     Revision Date: 2008-09-22

Critical Needs Assistance for Displaced Individuals and Households
Type: Significant Policy Document File: dap_9462_1_.pdf
Office / Directorate: DAD
Issuance Date: 2008-09-02     Revision Date: 2008-09-02

Individual and Households Program Interim Policy: Insurance - Real Property Losses
Type: Significant Policy Document File: ia_insurance.pdf
Office / Directorate: DAD
Issuance Date: 2005-09-25     Revision Date: 2005-09-25

Individual and Households Program - Funeral Assistance
Type: Significant Policy Document File: ia_funeral.pdf
Office / Directorate: DAD
Issuance Date: 2005-07-15     Revision Date: 2005-07-15

Temporary Housing Unit Donations
Type: Significant Policy Document File: ia_housing.pdf
Office / Directorate: DAD
Issuance Date: 2006-08-15     Revision Date: 2006-08-15

Disaster Housing Rent Collection
Type: Significant Policy Document File: ia_rent.pdf
Office / Directorate: DAD
Issuance Date: 2006-03-17     Revision Date: 2006-03-17

Rental Assistance Rate Increases
Type: Significant Policy Document File: ia_rental.pdf
Office / Directorate: DAD
Issuance Date: 2006-08-23     Revision Date: 2006-08-23

Replacement and Insurance
Type: Significant Policy Document File: replacement.pdf
Office / Directorate: DAD
Issuance Date: 2003-08-13     Revision Date: 2003-08-13

Disaster recovery Center Services and Providers
Type: Significant Policy Document File: drc_services.pdf
Office / Directorate: DAD
Issuance Date: 2008-10-01     Revision Date: 2008-10-01

Emergency Residential Roof Covering Installation
Type: Significant Policy Document File: ia_roof.pdf
Office / Directorate: DAD
Issuance Date: 2005-09-06     Revision Date: 2005-09-06

Disaster Assistance for Flood Damaged Basements
Type: Significant Policy Document File: ia_basement.pdf
Office / Directorate: DAD
Issuance Date: 2007-01-03     Revision Date: 2007-01-03

Establishment Criteria for Disaster Recovery Centers
Type: Significant Policy Document File: drc_criteria.pdf
Office / Directorate: DAD
Issuance Date: 2005-09-06     Revision Date: 2005-09-06

Individuals and Households Program (IHP) - Minimum Award(s)
Type: Significant Policy Document File: awards.pdf
Office / Directorate: DAD
Issuance Date: 2005-07-10     Revision Date: 2005-07-10

NIMS Credentialing
Type: Significant Policy Document File: NIMS_Credentialing.pdf
Office / Directorate: Preparedness Docket ID: FEMA-2008-0015
Issuance Date: 2008-12-22     Revision Date: 2008-12-22

http://www.wpi.edu/Pubs/E-project/Available/E-project-050411-112349/unrestricted/APPENDIX_region_9.pdf


Planning Guidance for Protection & Recovery following Radiological Dispersal Device (RDD) & Improvised Nuclear Device (IND) Incidents
Type: Significant Policy Document File: FedReg_8-1-08.pdf
Office / Directorate: NPPD, Office of Infrastructure Protection, DHS Docket ID: FEMA-2008-0011
Issuance Date: 2008-08-01     Revision Date: 2008-08-01

National Incident Management System (March 2004) (current)
Type: Significant Policy Document File: NIMS_Doc_March_2004l.pdf
Office / Directorate: NIC Docket ID: FEMA-2008-0011
Issuance Date: 2004-03-01     Revision Date: 2004-03-01

National Incident Management System (April 2008) (proposed)
Type: Significant Policy Document File: National_Incident_Mgmt_System__proposed__April_2008.pdf
Office / Directorate: NIC Docket ID: FEMA-2008-0008
Issuance Date: 2008-04-23     Revision Date: 2008-04-23

National Disaster Housing Strategy July 2008 (proposed)
Type: Significant Policy Document File: National_Disater_Housing_Strategy_7-08.pdf
Office / Directorate: DAD Docket ID: FEMA-2008-0009
Issuance Date: 2008-07-24     Revision Date: 2008-07-24

Snow Assistance Policy July 2008 (proposed policy)
Type: Significant Policy Document File: FR_notice_proposed_Snow_policy_7-24-08.pdf
Office / Directorate: DAD Docket ID: FEMA-2005-0005
Issuance Date: 2008-07-24     Revision Date: 2008-07-24

Snow Assistance Policy December 1999 (current policy)
Type: Significant Policy Document File: Snow_policy_12-28-99.pdf
Office / Directorate: DAD Docket ID: FEMA-2005-0005
Issuance Date: 1999-12-28     Revision Date: 1999-12-28

National Response Framework Core Document (view annexes at http://www.fema.gov/emergency/nrf/)
Type: Significant Policy Document File: nrf-core.pdf
Office / Directorate: Preparedness Docket ID: FEMA-2008-0011
Issuance Date: 2008-01-22     Revision Date: 2008-01-22

State and Urban Area Homeland Security Strategy: Guidance on Aligning Strategies with the National Preparedness Goal July 22, 2005
Type: Significant Policy Document File: IB_183__part_2__7-22-05.pdf
Office / Directorate: Preparedness Docket ID: FEMA-2008-0011
Issuance Date: 2005-07-22     Revision Date: 2005-07-22

Preparedness Directorate Information Bulletin: Nationwide Plan Review
Type: Significant Policy Document File: IB_197__11-23-05.pdf
Office / Directorate: Preparedness Docket ID: FEMA-2008-0011
Issuance Date: 2005-11-23     Revision Date: 2005-11-23

Fact Sheet: NIMS Implementation Activities for Hospitals and Healthcare Systems
Type: Significant Policy Document File: Fact_Sheet_-_NIMS_Imp_Activities_for_Hosp_and_Healthcare_Systems.pdf
Office / Directorate: NIC Docket ID: FEMA-2008-0011
Issuance Date: 2006-09-12     Revision Date: 2006-09-12

SLGCP Information Bulletin: Cooperative Training Outreach Program (CO-OP)
Type: Significant Policy Document File: ODP_Info_Bulletin_No_193_CO-OP.pdf
Office / Directorate: Preparedness Docket ID: FEMA-2008-0011
Issuance Date: 2005-10-20     Revision Date: 2005-10-20

 

Subject:

  Grants News: U.S. EPA awards $200,000 to clean up future site of 52 affordable homes in San Diego 's Diamond Neighborhoods

 

From:

"U.S. EPA" < usaepa@govdelivery.com >

To:

john@ironmountainmine.com

  For Immediate Release: June 7, 2011

Contact: Francisco Arcaute, (213) 244-1815, Cell (213) 798-1404 , arcaute.francisco@epa.gov

  U.S. EPA awards $200,000 to clean up future site of 52 affordable homes in San Diego 's Diamond Neighborhoods

Part of $3 million invested in revitalization efforts across state

WASHINGTON - The U.S. Environmental Protection Agency has awarded the San Diego, Calif., based Jacobs Center for Neighborhood Innovation a $200,000 Brownfields cleanup grant which will be used to transform the pesticide and lead contaminated Trolley Residential site into the future home of 52 units of affordable housing at The Village at Market Creek.

“This funding will rid the soils of contamination at this site, the first step in the construction of green, affordable rental homes,” said Jared Blumenfeld, EPA's Regional Administrator for the Pacific Southwest. “We are pleased to collaborate with the Jacobs Center and the San Diego Redevelopment Agency in their efforts to revitalize the Diamond Neighborhoods. The results will prove that a cleaner environment can sustain a healthier community, bringing new opportunities and new jobs.”

Southeastern San Diego suffers from a severe lack of affordable housing. The 52 new homes will not only be constructed near public transportation lines but will meet LEED-Silver certification criteria including green building materials, water conservation utilities, solar power and drought resistant landscaping.

Last year, EPA awarded the nonprofit Jacobs Center for Neighborhood Innovation a $175,000 planning grant as one of the 23 nationwide Brownfields Area-Wide Planning Pilot Program recipients. This grant also supports The Village at Market Creek, a future sustainable community emerging in the Diamond Neighborhoods, an underserved, brownfields-impacted area in the center of an economi­cally distressed, highly diverse community of 84,300 residents located in southeastern San Diego .

Centered around a major transit hub, The Village will eventually transform over 60 acres of blighted land into productive use, replace substandard housing with approximately1,000 quality affordable homes, and restore nearly 5,500 linear feet of wetlands. Over 1.6 million square feet of new construction will bring more than $300 million in contracts to the community, attracting over 250 new businesses and creating 2,000 jobs.

Today's award is part of the nationwide funding of over $76 million in brownfields grants to communities in 40 states and 3 tribes. The funding will be used to investigate and clean up brownfields properties, including abandoned gas stations, old textile mills, closed smelters, and other abandoned industrial and commercial properties.

The brownfields program encourages redevelopment of America 's estimated 450,000 abandoned and contaminated waste sites. As of March 2011, EPA's brownfields assistance has leveraged more than $16.3 billion in cleanup and redevelopment funding, and 68,900 jobs in cleanup, construction, and redevelopment. These investments and jobs target local, under-served and economically disadvantaged neighborhoods – places where environmental cleanups and new jobs are most needed. Cleaning up our communities is one of EPA Administrator Lisa P. Jackson's priorities, which leads not only to health and environmental benefits but also economic development and prosperity.

Since the beginning of the brownfields program in 1995, EPA has awarded 1,895 assessment grants totaling $447.6 million, 279 revolving loan fund grants totaling more than $273.1 million, and 752 cleanup grants totaling $140.8 million.

The $3,000, 000 awarded to California will be distributed as follows: Brea Redevelopment Agency, $1,000,000; Los Angeles Community Redevelopment Agency, $200,000; Los Angeles , Communitywide Assessment, $400,000, Fresno Redevelopment Agency, $400,000, East Palo Alto Redevelopment Agency, $200,000; Mt. Shasta , Communitywide Assessment, $400,000.

More information on the FY 2011 grant recipients: http://www.epa.gov/brownfields/

More information on EPA's brownfields program: http://www.epa.gov/brownfields/

Brownfields success stories: http://www.epa.gov/brownfields/success/index.htm

View all Region 9 News Releases

Stormwater fees necessary to assure we have clean water
The Citizen.com
Along the way we have picked up a bunch of legal acronyms you may recognize such as CERCLA , RCRA and Superfund. Why then the regulation on stormwater? ...

EPA honors Placer County's forest debris system

Share
By Ed Fletcher
efletcher@sacbee.com Published: Wednesday, Jun. 8, 2011 - 12:00 am | Page 3B

Placer County was honored Tuesday by the Environmental Protection Agency for its work to create cleaner air.

The EPA Clean Air Excellence Award recognizes the work of the county's air pollution control district in diverting Lake Tahoe area forest debris from burn piles.

"By transporting this forest residue out and instead of burning it in burn piles we are reducing pollution put into the atmosphere," said Supervisor Jim Holmes, who is in Washington, D.C., to accept the award.

Removing the wood scraps from the forest floor also reduces the risk of a catastrophic wildfire. The biomass is transported out of the basin, but officials are considering building a 1- to 3-megawatt biomass plant to turn the slash into energy. Locating the plant has proved more controversial.

The EPA award is in its twelfth year.

"EPA's history is marked by innovations that have made our communities cleaner, healthier and more prosperous. This year's Clean Air Excellence Award winners are continuing that tradition," EPA Administrator Lisa Jackson said.

Among the 12 recipients were Pacific Gas and Electric Co. for innovations in electric vehicle charging stations and the Santa Monica-based California Cartage Company for its fleet of liquefied natural gas "green trucks" in use at port facilities.


Read more: http://www.sacbee.com/2011/06/08/3684520/fdsgffsdjfgdshfdsgfdh.html#ixzz1OhsKXcnK

  - EPW Blog    Wednesday, June 8, 2011

Today's subcommittee hearing is the third in a series of hearings designed to prop up the Obama 1 EPA's aggressive regulatory regime.  This hearing nominally focuses on air quality and children's health.  But there is no question that we all support clean air and that we all care for the well-being of children.

Taken at face value, one might assume the Obama EPA has only the public good in mind.  But the truth about Obama's regulatory agenda is inescapable: it's designed make the energy we use more expensive. But don't take my word for it.  The Energy Secretary Stephen Chu said in 2008, “[s]omehow we have to figure out how to boost the price of gasoline to the levels in Europe ” and don't forget that the President himself stated that under his cap-and-trade plan “electricity prices would necessarily skyrocket.”

Advocates for this agenda hope that strict regulations can be used to choke off traditional, American energy so that prices will increase to the point that “green” energy is the only alternative.  But these green subsidies are undermining the economy and hurting working families.

Over the past two years, EPA has moved forward with an unprecedented number of rules that will have enormous consequences for families, businesses , and the nation's fiscal well-being.  Known as the “EPA train wreck,” this regulatory agenda is driving energy costs up, and hitting those who can least afford it-the working poor, the elderly, and veterans-the hardest.

Take for example, EPA's new greenhouse gas (GHG) cap and trade regulations.  EPA admits they will have no impact on global temperatures, yet they will come at an estimated cost of $300 to $400 billion annually.  The Agency's voluntary reconsideration of the national ambient air quality standards for ground-level ozone - a decision based on outdated data that could lead to significant economic constraints on the country - is another Agency action of dubious merit.  EPA projects the cost of this rule could rise to $90 billion.  Meanwhile, the agency is planning to tighten the standards again in just two years. 

The EPA is also aggressively moving forward with standards to reduce hazardous air emissions from industrial boilers, cement manufacturers and from electric power generators.  Now, reducing hazardous emissions is a goal that we all support.  But alarmingly, the benefits the EPA associates with the rules come almost entirely from reducing particulate matter (PM) - not the hazardous emissions.  So here we have the Agency justifying new mandates that will cost thousands of jobs on PM benefits - even though we already have a specific program designed to address PM directly, the national ambient air quality standard for PM.

Recently, I called for this Committee to fulfill its oversight responsibilities and hold hearings on EPA's “train wreck” regulations.  Yet, we are having a hearing next week whose title, ominously, resembles that of today's.  Chairwoman Boxer, in the coming weeks I look forward to working with you on additional oversight hearings where we can begin to take a detailed look at the Obama EPA's aggressive regulatory agenda.

No Second Guessing EPA: CERCLA Citizen Suit Cannot Interfere With Ongoing Cleanup

News & Announcements

6/7 - EPA Administrator Announces $76 Million to Clean Up Contaminated Sites and Revitalize Communities / EPA brownfields investments protect health and environment, create jobs and promote economic re-development nationwide

Blogroll

 

« Investing in Our Communities and Creating Jobs

Science Wednesday: The Future is Now

Posted on June 8th, 2011 - 10:30 AM

Each week we write about the science behind environmental protection. Previous Science Wednesdays.

By Aaron Ferster

When I was a kid one of my favorite shows was a cartoon about a space-age family that tooled around in a flying, spaceship-like car. Cool. “I hope we have that when I'm a dad,” I thought.

While my mode of transportation is earthbound, some of the show's futuristic gadgets have actually come to pass: I call home with a pocket-sized phone, video conferencing is here, and many of us spend our workdays surrounded by banks of computer screens—even if we don't make sprockets.

I recently got another glimpse of our emerging high-tech future when EPA joined its research partners from the National Institutes of Environmental Health Sciences (NIEHS) National Toxicology Program, the National Institute of Health (NIH) Chemical Genomics Center , the Food and Drug Administration (FDA), and others to unveil a high-speed robot screening system. The robots are set up to test chemicals for their potential to trigger health problems.

The system consists of robot arms that continually move rectangle “plates” through the toxicity testing process. Each plate contains 1536 small wells that can hold a dab of chemical solution and cells (human and non-human animal), and the arm precisely moves each plate though exposure testing and computer analysis. Take a look at this video to see it in action.

The robot system, housed at the National Institutes of Health Chemical Genomics Center (NCGC) in Rockville , Maryland , was purchased as part of the Tox21 collaboration between the EPA, NIEH's National Toxicology Program, NCGC, and FDA. Tox21 merges existing resources—research, funding and testing tools—to develop ways to more effectively predict how chemicals will affect human health and the environment.

Tox21 partners have already screened more than 2,500 chemicals for potential toxicity using robots and other innovative chemical screening technologies, such as ToxCast. EPA tapped such technologies to test oil dispersants for potential endocrine disrupting activity following the BP spill in the Gulf of Mexico last year.

The 10,000 chemicals the robot system will screen include those found in industrial and consumer products, food additives, and drugs. Testing results will provide information useful for evaluating if these chemicals have the potential to disrupt human body processes enough to lead to adverse health effects.

While I'm still looking forward to my first flying car, knowing the future should contain fewer potentially harmful chemicals is pretty exciting, too. Especially now that I'm a dad.

About the author: Aaron Ferster is the editor of Science Wednesday and a frequent contributor.

Tags: Chemical Genomics Center , chemicals , FDA , Food and Drug Administration , high tech future , National Institute of Health , National Institutes of Environmental Health Sciences , National Toxicology Program , NIH , Pollutants/Toxics , robots , Science Wednesday

Expanding the Conversation on Environmentalism and Working for Environmental Justice: We have begun a new era of outreach and protection for communities historically underrepresented in EPA decision-making.  We are building strong working relationships with tribes, communities of color, economically distressed cities and towns, young people and others, but this is just a start.  We must include environmental justice principles in all of our decisions.  This is an area that calls for innovation and bold thinking, and I am challenging all of our employees to bring vision and creativity to our programs.  The protection of vulnerable subpopulations is a top priority, especially with regard to children.  Our revitalized Children's Health Office is bringing a new energy to safeguarding children through all of our enforcement efforts.  We will ensure that children's health protection continues to guide the path forward.

Building Strong State and Tribal Partnerships : States and tribal nations bear important responsibilities for the day-to-day mission of environmental protection, but declining tax revenues and fiscal challenges are pressuring state agencies and tribal governments to do more with fewer resources.  Strong partnerships and accountability are more important than ever.  EPA must do its part to support state and tribal capacity and, through strengthened oversight, ensure that programs are consistently delivered nationwide.  Where appropriate, we will use our own expertise and capacity to bolster state and tribal efforts.

We will also focus on improving EPA's internal operations, from performance measures to agency processes. 

EPA praises Maricopa County's dust control guide

 

EPA Testimony Statements

Legislative Hearings and Testimony

Congressional Hearings Held Before The House and Senate Committees for 2011 and 2012

First Session of the 112th Congress

 

First Session of the 112th Congress

Agency Witness EPA Program Office

Hearing Date

Congressional Committee Holding Hearing

Subject of Congressional Hearing

Richard Greene, Chief, Ecosystem Dynamics & Effects Branch, Gulf Ecology Division

6/01/2011 (PDF) (8 pp, 50K)

House Subcommittee on Energy & Environment

Harmful Algal Blooms & Hypoxia Research & Control Amendments Act of 2011 (PDF) (8 pp, 50K)

Lisa Jackson, Administrator, EPA

5/24/2011 (PDF) (2 pp, 23K)

House Committee on Oversight & Government Reform

Drilling Operations on OCS (PDF) (4 pp, 23K)

Dr. Paul Anasta, Assistant Administrator for Research & Development

5/11/2011 (PDF) (4 pp, 22K)

House Committee on Science, Space & Technology

Potential Impacts of Hydraulic Fracturing on Drinking Water Resources (PDF) (4 pp, 22K)

Mathy Stanislaus, Assistant Administrator, Office of Solid Waste & Emergency Response

4/14/2011 (PDF) (6 pp, 22K)

House Energy & Commerce, Subcommittee on the Environment & Economy

Coal Combustion Residuals & H.R.1391 (PDF) (6 pp, 22K)

Gina McCarthy, Assistant Administrator, Office of Air & Radiation

4/13/2011 (PDF) (6 pp, 70K)

Senate Environment & Public Works

Renewable Fuel Provisions of the Energy Independence & Security Act of 2007 (EISA) (PDF) (6 pp, 70K)

Lisa Jackson, Administrator

4/12/2011 (PDF) (6 pp, 39K)

Senate Environment & Public Works

Review of the Nuclear Emergency In Japan & Implications for the United States (PDF) (6 pp, 22K)

Bob Perciasepe, Deputy Administrator

4/12/2011 (PDF) (7 pp, 37K)

Senate Environment & Public Works, Subcommittee on Water & Wildlife

Safety of Natural Gas Production (PDF) (7 pp, 37K)

Gina McCarthy, Assistant Administrator, Office of Air and Radiation

3/24/2011 (PDF) (5 pp, 76K)

House Energy and Commerce Committee, Subcommittee on Energy and Power

Focus on Texas' Economy, Energy Prices and Jobs (PDF) (5 pp, 76K)

Lisa P. Jackson, Administrator

3/16/2011 (PDF) (6 pp, 36K)

Senate Appropriations Committee; Interior, Environment and Related Agencies Subcommittee

EPA Budget (PDF) (6 pp, 36K)

Bob Perciasepe, Deputy Administrator

3/16/2011 (PDF) (18 pp, 191K)

House Conservation, Energy & Forestry Subcommittee

Chesapeake Bay Watershed (PDF) (18 pp, 191K)

Lisa P. Jackson, Administrator

3/11/2011 (PDF) (7 pp, 115K)

House Energy and Commerce Committee, Subcommittees on Energy and Power, Energy and Environment (joint)

EPA Budget (PDF) (7 pp, 115K)

Paul Anastas, PhD, AA for Research & Development

3/10/2011 (PDF) (3 pp, 186K)

House Science & Technology

FY'2012 Budget for ORD (PDF) (3 pp, 186K)

Lisa Jackson, Administrator

3/10/2011 (PDF) (19 pp, 240K)

House Agriculture Committee

EPA's Mission to Protect Human Health & Interaction with the Agriculture Community (PDF) (19 pp, 240K)

Lisa Jackson, Administrator

3/03/2011 (PDF) (6 pp, 105K)

House Appropriations Committee; Interior, Environment and Related Agencies Subcommittee

EPA Budget (PDF) (6 pp, 105K)

Lisa Jackson, Administrator

3/02/2011 (PDF) (7 pp, 115K)

Senate Environment & Public Works Committee

Environmental Protection Agency's Proposed Budget (PDF) (7 pp, 115K)

Mathy Stanislaus, Assistant Administrator, Office of Solid Waste & Emergency Response

3/02/2011 (PDF) (8 pp, 42K)

House Transportation & Infrastructure, Subcommittee on Water Resources & Environment

EPA's proposed budget for Water & Solid Waste Programs (PDF) (8 pp, 42K)

Nancy Stoner, Acting Assistant Administrator, Office of Water

3/02/2011 (PDF) (5 pp, 27K)

House Transportation & Infrastructure, Subcommittee on Water Resources & Environment

EPA's proposed budget for Water & Solid Waste Programs (PDF) (5 pp, 27K)

Gina McCarthy, Assistant Administrator, office of Air and Radiation

3/01/2011 (PDF) (5 pp, 27K)

House Transportation & Infrastructure, Subcommittee on Water Resources & Environment

EPA's Greenhouse Gas Regulations and Their Effect on American Jobs (PDF) (5 pp, 83K)

Dr. Steven Bradbury, Director, office of Pesticide Programs

2/16/2011 (PDF) (10 pp, 34K)

Joint Public Hearing
Subcommittee on Nutrition and Horticulture, Committee on Agriculture and the subcommittee on Water Resources and Environment, Committee on Transportation and Infrastructure

To Consider Reducing Burdens Posed by the Case National Cotton Council v. EPA (6th Cir. 2009) and to Review Draft Legislation (PDF) (10 pp, 34K)

Lisa P. Jackson, Administrator

2/09/2011 (PDF) (3 pp, 580K)

House Energy and Commerce Committee, Subcommittee on Energy and Power

The Energy Tax Prevention Act of 2011 (PDF) (3 pp, 580K)

Lisa P. Jackson, Administrator

2/09/2011 (PDF) (3 pp, 582K)

House Energy & Commerce, Subcommittee on Energy & Power

Draft Bill to Eliminate Portions of the CAA (PDF) (3 pp, 582K)

Steve Owens, Assistant Administrator, Office of Chemical Safety and Pollution Prevention

2/03/2011 (PDF) (8 pp, 68K)

Subcommittee on Superfund, Toxics and Environmental Health

Reform of Chemicals Management (PDF) (8 pp, 68K)

Lisa P. Jackson, Administrator

2/03/2011 (PDF) (8 pp, 40K)

Senate Committee on Environment and Public Works

Oversight Hearing on the Public Health and Drinking Water Issues (PDF) (8 pp, 40K)

General Information

EPA Testimony Statements For Past Congress:

Other Useful Links and Information:

About OCIR | Office of the Administrator
Thomas - Legislative Information [Exit EPA] | US State and Local Gateway [Exit EPA]

Local Navigation

http://www.epa.gov/ocir/hearings/index.htm

Last updated on Monday, June 06, 2011

Paul Craffey (MA) paul.craffey@state.ma.us, 617-292-5591

 

Louis Maccarone (RI) louis.maccarone@dem.ri.gov, 401-222-2797

 

John Regan (NH) john.regan@des.nh.gov,603-271-3744

 

Molly Stark (NH) molly.stark@des.nh.gov,603-271-2890

 

Bill Ports (NY), Chairwfports@gw.dec.state.ny.us, 518-402-9662

 

Fred Mumford (NJ) fred.mumford@dep.state.nj.us, 609-292-9962

 

Susan Edwards (NY) sledwards@gw.dec.state.ny.us,518-402-9814

 

Colleen Kokas (NJ) colleen.kokas@dep.nj.us,609-633-1499

 

Frank Sorce (NJ) frank.sorce@dep.state.nj.us,609-530-2457

 

Sonal Iyer (VA) sonal.iyer@deq.virginia.gov, 804-698-4259

 

Todd Keyser (DE) todd.keyser@state.de.us, 301-395-2600

 

Wendy March (DE) wendy.march@state.de.us,302-395-2632

 

Ellen Malenfant (DE) ellen.malenfant@.state.de.us,303-739-9409

 

Meade Anderson (VA) J.Meade.Anderson@deq.virginia.gov,804-698-4179

 

Rick Galloway (DE) rick.galloway@state.de.us,302-395-2614

 

Wesley Turner (KY), Chair wesley.turner@ky.gov, 502-564-6716

 

Trey Hess (MS) trey_hess@deq.state.ms.us,601-961-5654

 

Jamie Foster (AL) jfoster@adem.state.al.us,334-270-5687

 

Kim Walker (FL) kim.walker@dep.fl.us, 850-245-8934

 

James Bateson (NC) james.bateson@ncdenr.gov,919-508-8449

 

John Robinson (WI) john.robinson@wisconsin.gov,715-365-8976

 

Stephanie Andrews (IN), Vice-Chair sandrews@idem.in.gov, 317-234-0358

 

Joshua Mosher (MI) mosherj@michigan.gov,517-241-7705

 

Bruce Everetts (IL), Vice-Chair bruce.everetts@illinois.gov,217-524-1663

 

Amy Yersavich (OH), Chair amy.yersavich@epa.state.oh.us,614-644-2285

 

Tom Crause (IL), Chair tom.crause@illinois.gov,217-524-1658

 

Dennis Datin (OK) dennis.datin@deq.ok.gov, 405-702-5125

 

Dana Bahar (NM) dana.bahar@state.nm.us,505-827-2908

 

Mary Pearson (AR) pearson@adeq.state.ar.us,501-682-0858

 

Omar Valdez (TX) ovaldez@tceq.state.tx.us,512-239-6858

 

Christine Whitney (TX) Christine.Whitney@tceq.texas.gov,512-239-0843

 

Melissa Cordell (TX) mcordell@tceq.state.tx.us,512-239-2473

 

Jean Underwood (KS) junderwood@kdheks.gov, 785-291-3255

 

Thomas Buell (NE) Thomas.buell@nebraska.gov,402-471-0803

 

Robert Stout (MO), Chair robert.stout@dnr.mo.gov,573-751-7402

 

Leo Henning (KS), Chair lhenning@kdheks.gov,785-296-5572

 

Rick Bean (KS) rbean@kdheks.gov, 785-296-1675

 

Randy Brown (KS) rbrown@kdheks.gov, 785-296-8065

 

David Bowers (MT) dbowers@mt.gov, 406-841-5063

 

Brent Everett (UT) beverett@utah.gov,801-536-4171

 

Denise Martin (MT) demartin@mt.gov,406-841-5060

 

Brad Johnson (UT) btjohnson@utah.gov, 801-536-4403

 

Barbara Nabors (CO), Vice-Chair barbara.nabors@state.co.us,303-692-3393

 

James Polisini (CA) jpolisin@dtsc.ca.gov, 818-717-6593

 

Roland Gutierrez (GU) chp452@gmail.com,671-475-1658 x59

 

Karen Toth (CA) ktoth@dtsc.ca.gov,510-540-3834

 

Amanda Stone (AZ) stone.amanda@azdeq.gov,602-771-4567

 

Rita Kamat (CA) rkamat@dtsc.ca.gov, 818-717-6538

 

Tom Gainer (OR) gainer.tom@deq.state.or.us, 503-229-5326

 

Bruce Wicherski (ID) bruce.wicherski@deq.idaho.gov,208-373-0246

 

Sandra Treccani (WA) satr461@ecy.wa.gov,509-329-3412

 

Aaron Scheff (ID) aaron.scheff@deq.idaho.gov,208-373-0420

 

Eric Traynor (ID) eric.traynor@deq.idaho.gov,208-373-0565

 

Upcoming Opportunities in the Pacific Southwest

Job Openings in EPA Region 9

Additional information about Careers in EPA's Pacific Southwest

You can also try a
broader job search on USAjobs

We appreciate your interest in employment opportunities at the Environmental Protection Agency. The EPA Region 9 Office, located in San Francisco , CA , is regularly seeking talented and skilled individuals to join our team to help protect human health and the environment.

The following table shows the possible upcoming employment opportunities that may be open to the general public on USAJobs.gov. The jobs are projected to open on the USAJobs.gov website on the dates listed. You will not be able to view the announcement on USAJobs until the opening date.

Click on the position title to view an informational flyer about the position. A position will not have a flyer until a projected Opening date is finalized.

The table below is only a projection. The following opportunities are subject to change without notice.

Please see the Current Openings or the table on the right for EPA Region 9 announcements currently open on USAJobs. Please visit the Applying to Opportunities page for more details on how to apply to employment opportunities at EPA Region 9. Join our Facebook and Twitter feeds to keep up to date on EPA Region 9 news and opportunities.

Upcoming Opportunities

Title

Program

Who May Apply

Opening Date

Interdisc. Life Scientist, Environmental Engineer, Environmental Scientist, (Site Assessment)

Superfund Division – Brownfields and Site Assessment

All U.S. Citizens

TBD

Environmental Scientist (Lab Chemist) (PDF)

Management and Technical Services Division - Laboratory Program

All U.S. Citizens

June 7, 2011

Interdisc. Life Scientist, Environmental Engineer, Environmental Scientist

Waste Management Division – RCRA Permits

All U.S. Citizens

TBD

Supervisory Environmental Protection Specialist (Tribal)

Communities and Ecosystems Division - Tribal Office

All U.S. Citizens

TBD

Environmental Protection Specialist (Tribal)

Communities and Ecosystems Division – Tribal Office

All U.S. Citizens

TBD

EPA is an Equal Employment Opportunity employer. All qualified applicants will receive consideration for employment without regard to race, color, religion,

Available Positions

On This Page:

Attorneys

There are no attorney positions currently available.

Recent Graduates - Honors Attorney Fellowship

The Office of Regional Counsel seeks applications from third-year law students for the Region 9 Honors Attorney Fellowship. This is a two-year Fellowship working in the San Francisco, California office, and the Fellow is expected to commit to the full term. The deadline to submit an application has been extended from October 1 to October 15, 2010.

The EPA Region 9 Honors Attorney Fellowship is designed for a recent law school graduate with excellent academic credentials and a strong interest in an environmental law career and the public sector. It provides an opportunity for entry-level attorneys to practice law in a leading governmental environmental organization, and to receive extensive training in and exposure to environmental law and policy work in the public sector. The Region offers new attorneys significant responsibility, the opportunity to handle a complex caseload that includes enforcement and counseling work, and extensive training and mentoring from dedicated colleagues with recognized expertise. The Region offers a diverse and supportive work environment.

Eligibility

The Honors Attorney Fellowship is available to recent law school graduates. Only applicants who graduate no later than Summer 2011 from an ABA accredited law school are eligible. Fellows must be bar members, or have membership pending or awaiting bar exam results.

The Fellowship will begin in the Fall of 2011.

Pay

Prior to admission to the bar, the salary will be at the GS-9 level (currently starting at $56,172). After admission to a bar of any State, U.S. territory, Puerto Rico or the District of Columbia, the salary will be at the GS-11 level (currently starting at $67,963 per year). Relocation expenses are not authorized.

Application Process

Please submit the following no later than October 1, 2010:

Selected applicants will be invited for interviews in San Francisco (at the candidate's expense) in November or early December 2010, or telephone interviews may be conducted when appropriate. A writing sample will be required of each selected candidate prior to the interview. Offers will be made by late November or early December 2010.

Applications for the Region 9 Honors Attorney Fellowship should be sent or e-mailed to:

John Lyons (lyons.john@epa.gov)
Fellowship Coordinator (ORC-3)
Office of Regional Counsel
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, California 94105

Note: e-mail submissions should include "2011 Fellowship Application" in the subject line of the message. Documents may be attached in Word, WordPerfect, or PDF formats.

For questions, contact John Lyons, Assistant Regional Counsel at (415) 972-3889.

Honors Attorney Fellowships in Other EPA Offices

Other EPA Regional Counsel Offices and EPA Headquarter's Office of General Counsel have Honors Attorney Fellowship programs. See the information below for more information:

Law Clerks and Interns

Law Clerks

We operate a small summer law clerk program. For our summer 2011 program, we expect to invite up to four second year law students to participate in our 10-week program. Our summer law clerk program generally begins in late May or early June.

If our budget does not allow us to provide paid clerkships, we may ask students to come as volunteers, in which case they may wish to defray costs by seeking grants from their law schools. If the budget permits, paid clerkships will be offered at a rate of GS-9 Step 1 for law students entering their third year. (Visit Office of Personnel Management for the most current federal locality pay table for the San Jose/San Francisco area) .

Summer law clerk applications (cover letter, resume, legal writing sample and law school transcript, if available) should be submitted by October 15, 2010. Interviews will be conducted by telephone in November and it is expected that final decisions will be made in December 2010. A writing sample will be requested prior to all interviews.

If you have questions, please contact John Lyons (lyons.john@epa.gov) at (415) 972-3889.

Application Process

Law students should e-mail or send their resumes to:
John Lyons (lyons.john@epa.gov).

Applicants should mail their resumes to:

John Lyons
Law Clerk Coordinator (ORC-3)
Office of Regional Counsel
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, California 94105

John Lyons (lyons.john@epa.gov)

Note: e-mail submissions should include "Summer Law Clerk Application" in the subject line of the message. Documents may be attached in Word, WordPerfect, or PDF formats.

Interns

During the school year, we accept law students as volunteer interns receiving credit in connection with a clinical program. If you have questions, please contact John Lyons (lyons.john@epa.gov), Assistant Regional Counsel at (415) 972-3889.

EPA is an equal opportunity employer. Selection for any position will be based solely on merit without regard to race, color, religion, age, gender, national origin, political affiliation, disability, sexual orientation, marital or family status or other differences.

EPA provides reasonable accommodations to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please notify the Agency. The decision on granting reasonable accommodation will be made on a case-by-case basis.

national origin, sex, sexual orientation, handicap, marital status or political affiliation. If you have any other inquiries regarding employment opportunities, please contact our HR Office at (415) 972-3817.

 

‘Water' Category

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Investing in Our Communities and Creating Jobs

Tuesday, June 7th, 2011

This post is cross-posted from The White House Blog

By Administrator Lisa P. Jackson

Ed. Note: Check out this slideshow of former abandoned waste sites that have been revitalized with EPA investments.

Every American wants their air and water to be clean and the land where they live, work, play and learn to be free of pollution. But President Obama knows that these cleaner, healthier communities are also better places to buy a home or start a business – boosting local economies and creating jobs often in areas where they're needed most. That's why this Administration is investing in clean, green, sustainable communities that will help us win the future.

Since EPA's brownfields program began less than a decade ago, it has spurred almost 70,000 American jobs. To build on this record of success, I'm in Lansing, Michigan today where I'm announcing $76 million in clean-up grants that will be used for projects throughout the nation.
With the help of local workers, we'll turn tainted factories, deserted gas stations, closed smelters and some of the more than 450,000 other abandoned or contaminated sites throughout America into vibrant residential and retail districts filled with opportunities for American workers.

I chose Lansing to make this announcement because of the progress they've seen thanks to EPA and local funding that has helped to revitalize a distressed community. In recent years, a troubled auto industry put many Lansing residents out of work, while leaving in its wake vacant and often contaminated lots. But the community rallied back, and with the help of a $2 million brownfields grant, they leveraged about $230 million in private investments. Today they're receiving additional funding to continue expanding their success.

We'll soon see stories like this one unfold throughout the nation with the help of the funding being awarded today. Like in Chicago, where 575 children will benefit from a new school being built in a disadvantaged neighborhood where a vacant industrial property now lies. Or like in Nassau County, New York, where a park, hotel, affordable housing, and restaurant and retail space will be built on top of unused waterfront property – creating more than 7,700 local jobs. Eight-hundred more jobs will be created in Milwaukee, where a modern business park will replace a contaminated site that's threatening the health of locals. And in Springfield, Missouri, a clean-up grant will transform a former rail yard into parks and leverage $6 million in private investments.

In reinvigorating these abandoned and often polluted sites – and hundreds of others across our country – we'll improve our health at the same time that we strengthen our economy. These cleaner, healthier and more prosperous communities will also be more resilient and sustainable for our future.

Find more information on EPA's brownfields program.

 

Vacancy Status

On this page you can check the status of vacancies which were previously advertised. The purpose of this listing is to assist applicants in determining the status of vacancies to which they have applied.

Status Key

Open: We are currently accepting applications.

In Evaluation Process: The Human Resources Office is in the process of reviewing applications to determine employment eligibility, level of qualification, and score/rating for applications submitted under the announcement.

Interviewing: The selecting official is still reviewing applications and conducting interviews prior to making a selection.

Filled: Selection has been made and applications are no longer being considered.

Canceled: Vacancy will not be filled and applications are no longer being considered.

 

Title

Program

Job Number

Status

Budget Analyst

Superfund Division,
Program Management Office

LV-R9-MP-2011-0016

Filled

Chemist

Management and Technical Services Division,
Laboratory Program

LV-R9-DE-2011-0026

Open

Chemist

Management and Technical Services Division,
Laboratory Program

LV-R9-MP-2011-0030

Open

Environmental Engineer

Water Division,
CWA Compliance Office

LV-R9-MP-2011-0031

Interviewing

Environmental Protection Specialist

Air Division,
Immediate Office

LV-R9-DE-2011-0013

Interviewing

Environmental Protection Specialist

Waste Management Division,
Pollution Prevention & Solid Waste Office

LV-R9-DE-2011-0014

In Evaluation Process

Environmental Protection Specialist

Waste Management Division,
Pollution Prevention & Solid Waste Office

LV-R9-MP-2011-0032

In Evaluation Process

Environmental Protection Specialist

Air Division,
Immediate Office

LV-R9-MP-2011-0038

Interviewing

Equal Employment Manager

Office of the Regional Administrator,
Office of Civil Rights

LV-R9-MP-2011-0020

Filled

Human Res. Spec. (Recruitment)

Management and Technical Services Division,
Human Resources Office

LV-R9-DE-2011-0002

Interviewing

Human Res. Spec. (Recruitment)

Management and Technical Services Division,
Human Resources Office

LV-R9-MP-2011-0013

Interviewing

Interdisciplinary Env Engineer / Env Scientist / Life Scientist (RPM)

Superfund Division,
Facilities & Site Cleanup Branch, Air Force & DOE Section

LV-R9-DE-2011-0009

In Evaluation Process

Interdisciplinary Env Engineer / Env Scientist / Life Scientist (RPM)

Superfund Division,
Various Branches, Various Sections

LV-R9-DE-2011-0020

In Evaluation Process

Interdisciplinary Env Engineer / Env Scientist / Life Scientist (RPM)

Superfund Division,
Various Branches, Various Sections

LV-R9-DE-2011-0024

In Evaluation Process

Interdisciplinary Env Engineer / Env Scientist / Life Scientist (RPM)

Superfund Division,
Various Branches, Various Sections

LV-R9-MP-2011-0029

In Evaluation Process

Interdisciplinary Env Engineer / Env Scientist / Life Scientist (RPM)

Superfund Division,
Various Branches, Various Sections

LV-R9-MP-2011-0041

In Evaluation Process

Interdisciplinary Environmenta/Life Scientist

Air Division,
Air Quality Analysis Office

LV-R9-MP-2011-0019

Filled

Interdis. Life Scientist, Environmental Engineer, Environmental Scientist (OSC)

Superfund Division,
Superfund Division, Emergency Response, Preparedness and Prevention Branch, Emergency Response Section

LV-R9-DE-2011-0022

Interviewing

Interdis. Life Scientist, Environmental Engineer, Environmental Scientist (OSC)

Superfund Division,
Superfund Division, Emergency Response, Preparedness and Prevention Branch, Emergency Response Section

LV-R9-MP-2011-0043

Interviewing

Investigator

Superfund Division,
Site Cleanup Branch, Case Development & Cost Recovery Section

LV-R9-DE-2011-0015

In Evaluation Process

Investigator

Superfund Division,
Site Cleanup Branch, Case Development & Cost Recovery Section

LV-R9-DE-2011-0017

In Evaluation Process

Investigator

Superfund Division,
Site Cleanup Branch, Case Development & Cost Recovery Section

LV-R9-MP-2011-0040

In Evaluation Process

Investigator (Temporary)

Superfund Division,
Site Cleanup Branch, Case Development & Cost Recovery Section

LV-R9-MP-2011-0039

In Evaluation Process

Project Officer (Contracts)

Superfund Division,
Program Management Office

LV-R9-MP-2011-0014

Filled

Secretary (OA)

Air Division,
Immediate Office

LV-R9-MP-2011-0027

Interviewing

Supervisory Environmental Protection Specialist

Superfund Division,
Emergency Response Preparedness & Prevention Branch, Enforcement & Removal Operations Section

LV-R9-MP-2011-0046

In Evaluation Process

Supv. Public Affairs Specialist

Office of Public Affairs,
Public Affairs and Liaison Office

LV-R9-DE-2011-0001

Interviewing

Supv. Public Affairs Specialist

Office of Public Affairs,
Public Affairs and Liaison Office

LV-R9-MP-2011-0005

Interviewing

Various Job Titles

Various,
Various

JOBS-05-31-2011

Open

(Interdisciplinary) Enviromental Engineer/Environmental Scientist

Air Division,
Air Quality Analysis Office

LV-R9-DE-2011-0003

Interviewing

(Interdisciplinary) Enviromental Engineer/Environmental Scientist

Air Division,
Air Quality Analysis Office

LV-R9-MP-2011-0021

Interviewing

(Interdisciplinary) Environmental Engineer / Environmental Scientist

Air Division,
Permits Office

LV-R9-DE-2011-0004

Interviewing

(Interdisciplinary) Environmental Engineer / Environmental Scientist

Air Division,
Permits Office

LV-R9-MP-2011-0023

Interviewing

(Interdisciplinary) Environmental Engineer/Environmental Scientist

Air Division,
Permits Office

LV-R9-DE-2011-0007

Interviewing

(Interdisciplinary) Environmental Engineer/Environmental Scientist

Air Division,
Permits Office

LV-R9-MP-2011-0028

Interviewing

 


The COURT shall attach to the petition, as exhibits, copies of the order, report, or decision of the agency. The clerk shall serve a true copy of the petition on the agency and on the Attorney General by registered mail, with request for a return receipt.

by:
Sedina L. Banks
Greenberg Glusker Fields Claman & Machtinger LLP - Los Angeles Office

 

June 6, 2011

Previously published on June 3, 2011

This week, the Ninth Circuit ruled that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not give a federal district court jurisdiction to adjudicate claims for past noncompliance with an order issued by the Environmental Protection Agency (EPA). The decision, Pakootas v. Teck Cominco Metals, Ltd ., affirms that CERCLA's citizen suit provision cannot be used to second guess an ongoing CERCLA cleanup action.

From 1905 to 1995, slag from defendant Teck Cominco Metals Limited's (Teck Cominco) smelter located in British Columbia was dumped into the Columbia River, ten miles north of the border with Washington . The pollution flowed downstream from Canada into the United States . In 1999, parties petitioned EPA to investigate the environmental contamination in the Columbia River and Lake Roosevelt . In 2003, EPA determined that the site was eligible for inclusion on CERCLA's so-called “Superfund List” as a top priority for cleanup.

Because no agreement was reached between EPA and Teck Cominco to cleanup the site, in December 2003, EPA issued a unilateral administrative order commanding Teck Cominco to conduct a remedial investigation and feasibility study to assess the site conditions and to implement a cleanup. Teck Cominco did not comply with the order and EPA took no action to enforce it. Various parties (Plaintiffs) brought a citizen suit under CERCLA seeking to enforce the order and for penalties for Teck Cominco's noncompliance with the order. While that action was pending, in June 2006, EPA and Teck Cominco reached a settlement in which Teck Cominco agreed to perform the cleanup in exchange for EPA agreeing not to sue Teck Cominco for penalties or injunctive relief for noncompliance with the unilateral administrative order. EPA withdrew the order and took no action to collect penalties against Teck Cominco for its two and half years of noncompliance with the order. The Plaintiffs amended their complaint to seek only penalties for Teck Cominco's past noncompliance with the order.

The Ninth Circuit affirmed the lower court's finding that CERCLA, 42 U.S.C. § 9613(h) barred the Plaintiffs' challenge. The court found that the statute strips the court of jurisdiction to review challenges to ongoing CERCLA cleanup actions because “Congress made a choice to protect the execution of a CERCLA plan during its pendency from lawsuits that might interfere with an expeditious cleanup effort.” The court rejected the Plaintiffs' contention that because they only sought past penalties, and not additional requirements for the cleanup, the action was not a challenge.

The court noted that EPA and Teck Cominco made a deal to accomplish the cleanup, which included EPA's agreement to not seek penalties for Teck Cominco's past noncompliance. EPA, and not the Plaintiffs, has the right to seek penalties if Teck Cominco does not comply with the settlement agreement. The court was also concerned that the imposition of penalties may interfere with Teck Cominco's ability to pay for the cleanup. In this respect, the action would pose a challenge to the ongoing cleanup effort.

This ruling helps bring more certainty to parties entering into agreements with EPA to cleanup contaminated properties. Had the Ninth Circuit allowed the challenge to proceed, parties would be faced with the possibility that even though they have settled with EPA for past violations in exchange for cleaning up the site, they still may be subject to penalties for past noncompliance. This certainty should help further encourage settlement with EPA.

 

 

 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

 

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Sellers Distribute Shares of American International, Down 0.9% (AIG)

Posted on 06/08/11 at 11:10am by Chip Brian


1

(via COMTEX News Network)--

American International (NYSE: AIG ) is one of today's notable stocks in decline, down 0.9% to $27.17. The S&P is currently trading 0.4% lower to 1,280 and the Dow Jones Industrial Average is trading 0.2% lower to 12,046.

American International is in SmarTrend's Multi-Line Insurance industry and this industry is currently in a Downtrend according to our research. We are monitoring many other stocks on the move within this industry.

In the last five trading sessions, the 50-day MA has fallen 1.68% while the 200-day MA has remained constant.

In the past 52 weeks, shares of American International have traded between a low of $27.11 and a high of $52.67 and are now at $27.17, which is 0% above that low price .

SmarTrend currently has shares of American International in an Downtrend and issued the Downtrend alert on January 14, 2011 at $46.06. The stock has fallen 40.5% since the Downtrend alert was issued.

Write to Chip Brian at cbrian@mysmartrend.com


Read more: http://www.benzinga.com/press-releases/11/06/c1149918/sellers-distribute-shares-of-american-international-down-0-9-aig#ixzz1Oi1DeUvU

http://www.whitehouse.gov/sites/default/files/omb/fedreg/2007/012507_good_guidance.pdf

EPA Gives Grant Money to Interpol

Posted June 8th, 2011 at 10:20am in Energy and Environment 0 Print This Post  Print This Post

epa-sign100223

It is hard to make sense of many grants the U.S. gives to nations from whom it is simultaneously borrowing. The federal government's profligate spending through grant programs is starting to get some notice—for example, on Fox News as well as The Foundry .

For example, the Environmental Protection Agency (EPA) has provided a grant to the United Nations Environmental Program so it may help implement “Russia's National Plan of Action for Protection of the Arctic Marine Environment from Anthropogenic Pollution.” With yet another grant, EPA is helping Interpol (the International Criminal Police Organization) police carbon trading markets which, apparently, has not been going so well.

In January, European carbon trading “ ground to a halt ” after the computer-based theft of more than $70 million in allowances. Carbon trading is ostensibly designed to save humanity from catastrophic global warming. In truth, it is a way to impose a tax on energy without admitting it. Under the scheme, those who emit carbon dioxide (CO 2 ) have to buy allowances (permits) to do so from others. Government issues the permits and therefore controls the supply. The fewer it issues or the more it eventually withdraws from the “market,” they more they cost. The more the permits cost, the less people can afford to emit CO 2 .

CO 2 is the byproduct of producing energy from fossil fuels—oil, coal and natural gas. These energy sources are among the most affordable and reliable and therefore heavily used. Trading—really, taxing—CO 2 increases the price of these energy sources. Energy, which physicists define as “the capacity to do work,” is at the root of the economy. It powers machines used to gather food, fiber, and minerals and to convert these natural resources to usable goods. It fuels the Internet, over which orders for goods are placed, and the trains, planes, ships, and trucks that ferry them to end users. When you increase the amount of work you do—when you are more productive—you foster economic growth that creates jobs and prosperity. Doing this requires energy. When we tax energy, we make it more expensive to do anything productive and stifle economic growth. Euphemistically, the greens call this “sustainable development.” The reality is that “sustainable development” is code for less: less energy, less productivity, less economic growth, and fewer jobs.

This economic reality has blocked the left from legislatively imposing a carbon-trading regime here in the United States , even though its advocates were in a majority that controlled both houses of Congress with a sympathetic President. The President said he would make it so expensive for people to build new coal-fired power plants that it would bankrupt them. Heritage analysis found one carbon-trading legislative proposal would, for some years, lead to job losses exceeding 2.5 million. This kind of brutal economic impact forced the left to switch to plan B. The Administration is now attempting to limit CO 2 through Environmental Protection Agency (EPA) regulation under the Clean Air Act.

In its regulatory ramblings , EPA has hinted that it may have the ability to simply conjure up such a carbon-trading scheme here in the United States . And EPA may not be just rattling its carbon-trading saber at the American economy. According to a database of grants distributed by the agency, in October of last year EPA awarded a grant to Interpol. While modest, some $150,000, it is not the amount of the grant that is interesting but one of its curious purposes. EPA reports :

The major work to be accomplished will be the development of a program website, support of a climate change project which will ensure that markets operate properly, and that fraud is detected promptly with regard to carbon trading…

We are giving money to Interpol to police carbon trading? Do the embarrassments of the European scheme need to be cleaned up to pave the way? Are we so flush with cash that this makes any sense? Make no mistake, EPA is ever so serious about imposing its worldview upon the nation—and it is not despite the economic consequences, but because these costs are integral to its mantra of sustainable development. Perhaps we should rename this bureaucracy the Employment Prevention Agency.

Pollution from 1-5 farms targeted in lawsuit threat

Growers along I-5 have made progress in cleanup, but new ruling upsets fishers, environmentalists

By Mike Taugher
Contra Costa Times

Posted: 06/07/2011 04:20:52 PM PDT

Updated: 06/08/2011 06:16:00 AM PDT


Recalling one of the nation's worst wildlife disasters, a coalition of environmentalists and fishing groups said Tuesday it would sue to clean up toxic farm runoff that makes its way into San Francisco Bay .

The lawsuit threat affects about 100,000 acres of farmland along Interstate 5 that contain high levels of salt and selenium, an element that was blamed for widespread deformities and deaths among birds at the Kesterson National Wildlife Refuge in the early 1980s.

After that disaster, farmers who drained their runoff to the refuge could no longer do so and tests showed high selenium and salt levels in an area immediately to the north known as Grasslands.

It is the hundreds of farmers in the Grasslands area who could be affected by the threatened lawsuit.

Although they have dramatically reduced polluted discharges, the farmers in the fall were given another 10 years to meet water quality requirements put in place by state regulators more than a decade ago.

"They've done a lot, but what they've done is take the low-hanging fruit," said Bill Jennings, executive director of the California Sportfishing Protection Alliance. "Now, they're up against an incredibly difficult problem. We can't just look the other way and pretend the problem doesn't exist."

The notice is the latest in an escalating series of lawsuits, legislative maneuvers and public relations efforts in the battle over limited water supplies in the Delta.

addition to Jennings ' group, the threat to sue was filed by the environmental group Friends of the River and two associations that represent commercial fishers, the Pacific Coast Federation of Fishermens Associations and the San Francisco Crab Boat Owners Association.

Grasslands' farmers have reduced selenium pollution by 87 percent and salt pollution by 70 percent since the mid 1990s, said Joe McGahan, the drainage coordinator for the Grasslands Bypass Project.

Asked if a successful lawsuit could put farmers out of business, McGahan said, "Why would you do something like that to the most successful agricultural drainage project in California ?"

Farm runoff pollution was slashed by using far less water, which reduces the amount of selenium and salt that leaches out of the ground, and by reusing drain water to irrigate salt-tolerant grasses, McGahan said.

A $15 million pilot treatment plant should be built in the coming years to test the ability to clean up the rest of the drain water, McGahan said.

But Jennings said it is highly unlikely the drain water can be cleaned up at an acceptable price.

To the farmers' critics, some of the land in the San Joaquin Valley was never suitable for irrigated agriculture because of drainage problems caused by the area's geology and the presence of potentially toxic elements like selenium and arsenic, as well as high salt content.

The high water demand from the Delta and the return of polluted discharges affects not only wildlife, but commercial fishers, said Larry Collins, president of the San Francisco Crab Boat Owners Association.

"If you retired that land, you'd do two things: You'd lessen the amount of selenium and you'd have more water going into the bay," Collins said. "It's hard living downstream from those guys."

Commercial fishing representatives have been increasingly frustrated by San Joaquin Valley farmers' complaints that environmental regulations are preventing them from growing crops. The fishers say farmers' demand for water drove down salmon numbers and prevented commercial anglers from working in 2008, 2009 and most of 2010.

Because state regulators gave the Grasslands farmers another 10 years to meet water quality standards, the lawsuit seeks to shift oversight to federal regulators by filing the lawsuit under the federal Clean Water Act. That law generally exempts farm runoff, but the groups filing the threat say that Grasslands does not fit that exemption because it also discharges tainted groundwater.

GSA Awards Key Network Infrastructure Task Order for DHS Headquarters Consolidation Project at St. Elizabeths Campus

DHS Technology Integration Program moves agency closer to “One DHS” mission
to protect and serve the American people.


GSA# 10800

June 7, 2011
Sara Merriam, 202-525-8165
sara.merriam@gsa.gov

WASHINGTON – The U.S. General Services Administration, on behalf of the Department of Homeland Security, today awarded a seven-year task order to General Dynamics to develop an integrated network infrastructure for the consolidated Department of Homeland Security headquarters at the St. Elizabeths campus in Southeast Washington . The award helps ensure that DHS's Technology Integration Program, or TIP, is developed in concert with construction of the campus, which will bring together 22 DHS agencies in one central location.

“The DHS St. Elizabeths campus will be a showcase for the value of integrating technology, people, and processes in a consolidated environment that will truly help DHS achieve its critical mission to protect the nation's security," GSA Administrator Martha N. Johnson said. "All of GSA is partnering with DHS to create a model campus that is green, energy-efficient, and secure, with an integrated technology backbone that can accommodate IT, physical security, and smart building networks for the agency well into the future."

GSA's Federal Systems Integration and Management Center awarded the task order as part of the Alliant governmentwide acquisition contract. The task order has a ceiling of $867 million if all options are exercised. FEDSIM will continue to provide project, acquisition, and financial management support to DHS throughout the duration of the project.

“The work accomplished through the DHS TIP is critical to the success of the Department of Homeland Security and our consolidation efforts,” said Richard Spires, DHS Chief Information Officer. “The culture of trust and partnership with DHS, GSA, and General Dynamics will be vital to the alignment needed to support our critical information technology efforts.”

The project scope covers design, procurement, configuration, installation, testing, securing, and maintaining an integrated network infrastructure to transport all DHS voice, video, and data across the consolidated DHS headquarters campus.

“The DHS TIP project at St. Elizabeths is yet another DHS project that uses the acquisition and project management expertise that FEDSIM brings to the table on behalf of federal agencies,” said FAS Commissioner Steven J. Kempf. “For many years, FEDSIM has served as trusted adviser to DHS, using GSA's expertise to carry out mission-critical technology integration procurements. This is what the FEDSIM team does best, and our long-standing relationship with DHS is a testament to that.”

###

As the federal government's workplace solutions provider, the U.S. General Services Administration works to foster an effective, sustainable and transparent government for the American people. GSA's expertise in government workplace solutions include:
• Effective management of government assets including more than 9,600 government-owned or leased buildings and 215,000 vehicles in the federal fleet, and preservation of historic federal properties;
• Leveraging the government's buying power through responsible acquisition of products and services making up approximately 14 percent of the government's total procurement dollars;
• Providing innovative technology solutions to enhance government efficiency and increase citizen engagement; and,
• Promoting responsible use of federal resources through development of governmentwide policies ranging from federal travel to property and management practices.

June 8, 2011

Taking the EPA to Court

Filed under: Climate Politics

On May 20, three briefs were filed with the Washington DC Circuit Court of Appeals laying out petitions to challenge the Environmental Protection Agency's (EPA) regulatory initiatives concerning greenhouse gas emissions (and how the initiatives came to be). Of the three petitions, two were from a conglomerate of states led by Texas and Virginia, and the other was by a 80-odd member grouping on non-state parties with a variety of interests in the EPA's regulations. A fourth brief from a collection of climate scientists followed week later.

By and large, most of the arguments laid out by these Petitioners echo previous arguments made directly to the EPA during the various public comment opportunities as the EPA was considering whether or not greenhouse gases endangered public health and welfare—a finding which would then require the EPA to develop regulations to restrict the emissions of greenhouse gases. Despite copious cogent arguments as to why the EPA should not find that greenhouse gases engager the public health and welfare, the EPA not only made such a finding, but subsequently denied all petitions to reconsider its findings that were submitted as revelations of scientific misconduct came to light with the release of the Climategate emails.

But, when dealing with the EPA, their decision in not necessary the final one. In fact, there is another avenue of redress—the courts.

The EPA must work under the directives given to it by Congress which are a matter of law. As such, the EPA's interpretations of those laws can be challenged in courts. In fact, the Clean Air Act (the authority under which EPA is acting to restrict greenhouse gas emissions) explicitly states that the Washington DC Court of Appeals has exclusive jurisdiction over final action taken by the EPA's Administrator.

Taking a federal agency involved in technical matters (as is EPA) to court isn't so easy. The principal of “Chevron Deference” established by the Supreme Court in 1984 states that the courts should be loathe to direct the applications of statutes by such agencies because, it is assumed, the agencies possess expertise that the courts do not. This is one reason why Massachusetts v. EPA , the 2007 Supreme Court case in which directed EPA to limit carbon dioxide emissions via the Clean Air Act (if they found and “endangerment”) was viewed as a breathtaking and bold reversal of established jurisprudence in the name of environmental micromanagement of a technical agency.

At any rate, after repeatedly falling on deaf ears at the EPA, and with Administrator Jackson issuing her final action on the matter, many of the challengers to greenhouse gas regulations have taken the EPA to court, with claims that the EPA did not properly and/or adequately justify either its Endangerment Finding, that it improperly denied petitions to reconsider that finding, and that its violated a host of procedures under which the Clean Air Act required the EPA to act when making such a finding (and when crafting regulations).

Browsing the Petitions, the case made against the EPA on each of the above considerations seems strong and the apparent EPA shenanigans are astounding. We encourage our readers to look through the various Petitions for more detail concerning the arguments forwarded. Below we provide links, and a few summaries from the various Petitions.

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OPENING BRIEF FOR STATE PETITIONERS TEXAS AND VIRGINIA ON DENIAL OF RECONSIDERATION OF THE ENDANGERMENT FINDING AND OF STATE PETITIONERS AND SUPPORTING STATE INTERVENORS ON ENDANGERMENT FINDING DELEGATION ISSUES
(full brief available here )

Outline of Argument

A. The [EPA] Administrator was obligated to grant reconsideration because Petitioners demonstrated that their timely objections were based on evidence of central relevance to the outcome of the endangerment finding

B. The Administrator erroneously applied the central relevance standard

C. The Administrator erred by making determinations without notice or comment

D. EPA impermissibly delegated its statutory authority to outside entities

E. EPA‘s reasons for relying on the IPCC were undermined by the Climategate data provided in the reconsideration petitions which data compel the conclusion that the Endangerment Finding fails to meet essential Information Quality standards such that reconsideration is required.

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BRIEF OF TEXAS FOR STATE PETITIONERS AND SUPPORTING INTERVENORS
(full brief available here )

EPA's Endangerment Finding suffers from numerous flaws, but State Petitioners will address only two of the most significant problems. First, the arbitrary-and-capricious standard requires an agency to “articulate a satisfactory explanation for its action,” see State Farm , 463 U.S. at 43, and the Endangerment Finding fails this test because EPA never bothered to define or apply standards or criteria for assessing when GHG emissions or climate change harm public health or welfare. In addition, the arbitrary-and-capricious test precludes agency actions that “entirely fail[] to consider an important aspect of the problem,” id., and EPA's Endangerment Finding refuses to consider voluntary (nonregulatory) adaptation to and mitigation of climate change, even as EPA acknowledges that these factors will reduce the negative impact of climate change. Each of these grounds warrants vacatur and remand.

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JOINT OPENING BRIEF OF NON-STATE PETITIONERS AND SUPPORTING INTERVENORS
(full brief available here )

The suite of rules challenged in these coordinated cases involves what is assuredly the most burdensome, costly, precedent-setting, and far-reaching set of regulations ever adopted by the U.S. Environmental Protection Agency. EPA's Endangerment Rule, challenged here, is the cornerstone of EPA's decision to regulate a new category of emissions under the Clean Air Act [CAA]. As demonstrated below, the Rule is the product of serious legal, evidentiary, and procedural errors. These errors can fairly be said to reflect EPA's rush to judgment and its decision to disregard statutory text, settled rules of construction, and the specific terms of the Supreme Court's decision and remand in Massachusetts v. EPA , 549 U.S. 497 (2007). The errors are further reflected in the Agency's remarkable and implausible contention that the Act must be read to compel a chain reaction of multiple rules leading to what it frankly concedes are “absurd” results, contrary to Congress's intent.

Many errors infecting EPA's final rule stem from a fundamental misreading and misapplication of CAA Section 202(a)(1). Section 202(a)(1) requires EPA, in addressing endangerment, to make a determination that informs and directly ties to the need for, and contours of, automobile emissions standards that address the risk identified. But after forty years of following that integrated approach, EPA now interprets the statute to require an abstract agency risk assessment divorced from the essential regulatory policy judgments its risk assessment entails. Premised on its new interpretation of Section 202(a)(1), EPA not only disavows any obligation, but concludes it lacks any discretion, to consider the regulatory consequences of its Endangerment Rule. This flouts the plain meaning of Section 202(a)(1) and basic tenets of reasoned decisionmaking.

Although EPA ostensibly exercised statutory authority to address perceived dangers to health and welfare caused by new automobile emissions, in fact it made no showing that the Endangerment Rule or any of its other greenhouse gas (“GHG”) rules will effectively remove dangers to health or welfare that might otherwise occur. EPA disclaimed any obligation or authority to define its ultimate regulatory objectives, its chosen means of achieving them, or its conception of successful regulation. Although EPA's regulatory actions are premised on assertions about “changes” to “climate” — including the claim that it is 90-99% certain that human-caused climate change threatens public health and welfare, 74 Fed. Reg. at 66,518 & n.22, nowhere does EPA say what constitutes a “safe climate,” acceptable global temperature ranges, “safe” levels of GHGs in the atmosphere, or even how its regulatory actions will have discernable effects that ameliorate actual dangers to the public. Without a showing of how its automobile regulations will ameliorate the abstract endangerment it posits, even after being in effect for many years, neither EPA, nor the public, nor this Court, can accurately judge whether EPA has achieved a congressionally defined goal.

Although Section 202(a)(1) unambiguously requires the Administrator to exercise independent judgment connecting her risk assessment to a reasoned regulatory response, she left the gathering and sifting of the evidence supporting the Endangerment Rule to an international non-governmental organization chartered to study human-caused climate change. But the conclusions the Administrator borrowed from this organization fall far short of the evidence and analysis necessary to justify EPA's asserted high confidence in its conclusions. Those conclusions rest primarily on modeling projections based on speculative assumptions and modeling results contradicted by real-world observations. Given the multiple, admitted uncertainties of the modeling EPA relied on, the Agency's professed high confidence in its endangerment assessment is unsupported and legally unjustified.

For all these reasons and others, the Endangerment Rule should be vacated and remanded to EPA.

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BRIEF OF AMICI CURIAE SCIENTISTS IN SUPPORT OF PETITIONERS SUPPORTING REVERSAL

[Note: The amici curiae brief from the climate scientists was not filed in accordance with the previous court orders and therefore a motion was made for acceptance. The court has not yet decided on whether to grant or deny this motion.]

(full brief available here. )

SUMMARY OF ARGUMENT:

The data presented in this brief fatally undermine the EPA's finding that human-caused CO2 emissions have already led to, or can be expected to lead to, significant adverse changes in the Earth's climate system. The EPA failed to examine this “relevant data.” FCC v. Fox Television Stations, Inc ., 129 S.Ct. 1800, 1810 (2009) (quoting Motor Vehicles Mfrs. Ass'n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co ., 463 U.S. 29, 43 (1983)). These data, moreover, confirm that EPA's endangerment finding is not “rational” and therefore arbitrary and capricious. Fox, 129 S.Ct. at 1812.

Multiple sets of data show that the Earth's climate is not changing in an unusual or anomalous fashion. The EPA relied on instrumental data that were adjusted to exaggerate the increase in global temperatures. But other much more reliable data show that the Earth's temperature is not changing in an anomalous manner. Since 1979, when satellite data first became available, regional temperature trends have refuted the notion of global warming: the statistical trend shows no change in the tropics and a decrease in temperature in Antarctica.

These satellite data are confirmed by balloon and buoy data. The only regional temperature increase can be found north of 20º North latitude. But these recent temperatures are nothing compared to those in the 1930s, which produced most of the currently existing record temperatures and heat waves in the United States and high temperatures in the Arctic. Other empirical observations substantiate these temperature data: droughts are not becoming longer and more intense, floods are not increasing, hurricanes and tropical storms are not becoming stronger, and the rate of increase in sea levels has actually been declining. Some would expect the opposite if the Earth's temperatures were increasing. At any rate, the data show that the Earth's temperatures are not increasing in an unusual fashion.

Even if the Earth's climate were changing erratically—and it is not—multiple sets of data show that CO2 atmospheric concentration, at most, has only a minor effect on temperature. According to climate models relied on by the EPA, rising CO2 levels should have caused a “greenhouse gas fingerprint”—that is, in the tropics, the atmosphere four to ten miles above the Earth's surface should have been steadily warming at a faster rate than lower levels of the atmosphere. But balloon data (from the creators of the climate data and models relied on by the EPA) from 7.5 miles above the Earth's surface shows no change in temperature trend. Satellite data also confirms that the temperature trend in lower levels of the atmosphere is also flat. And two different sets of tropical ocean buoy data further confirm these findings. Thus, there is no empirically validated reason why further increasing CO2 levels will cause future harm.

Now that temperatures have actually been decreasing in recent years, some have begun to rely solely on climate models—instead of historical data—to argue that CO2 emissions will change the Earth's climate in the future. This assertion is belied by the data just mentioned, because (1) the Earth's climate is not changing in an anomalous fashion and (2) CO2 does not significantly affect the Earth's climate system. Moreover, these global climate models do not perform well in simulating the climate and forecasting the impact of increased levels of CO2. Kevin Trenberth, a lead author of a United Nations report in favor of CO2 regulation, admitted this many times, frankly stating: “The fact that we cannot account for what is happening in the climate system makes any consideration of geoengineering quite hopeless as we will never be able to tell if it is successful or not! It is a travesty!” Tellingly, these CO2 climate models did not forecast the recent decline in global temperatures.

In actuality, data establish that various other factors cause typical, short-term (multi-decadal or shorter) changes in the Earth's climate system. The sun, volcanic activity, and oscillations in ocean temperature behavior, for example, can all affect the Earth's temperature over relatively short and long time scales. The Earth's climate may be changing, as it always naturally has, but the data do not establish that any changes are caused by CO2 emissions.

In toto, all of these filings form a consistent package that would be hard to deny. But whatever decisions are rendered, it is likely that somewhere, somehow, global warming is going to bump its way back up to the Supremes. Expect the judicial system to be involved in global warming for the foreseeable (and probably the unforeseeable) future.

 

 Part III - Conversations With God...about Gold and Silver!

Bix Weir

The following conversation, Part III, is an audio transcript that was recorded over a brief 15 minute session and did not originate in a written format as before. It is for the most part unedited. It is also very different than past conversations but I believe that has to do with the relative closeness of the Global Monetary Collapse. Prepare accordingly!

First, here are the first two "Conversations"

PART I http://www.roadtoroota.com/public/254.cfm

PART II http://www.roadtoroota.com/public/255.cfm

So let us begin....

God: Hello Bix.

Bix: Who's that? Is that you God?!

God: Yes it is. You sound surprised.

Bix: I am! I thought I was supposed to ask you the questions. I've been thinking about writing another article about our "conversations" and thinking about when it was going to happen. The last two times it just kinda hit me but this time nothing has happened...even though I want it to.

God: Well, do you mind if I ask YOU some questions?

Bix: Uh..I guess. I think. I don't know.

God: I'd like to ask you some questions if that's ok.

Bix: Ok. Yes. Go ahead.

God: You seem like you are struggling...why?

Bix: I..I don't know. I see things happening that to me seem so clear and obvious and yet nobody else sees it. Nobody sees what's happening!

God: How does that make you feel?

Bix: I don't know...I feel like an outcast.

God: Do you feel like you are going crazy? Do you feel like you are wrong?

Bix: No I don't. I actually feel more sure than ever but...there's something in me that needs reassurance.

God: Interesting. Why do you think that is?

Bix: I don't know. I've been looking at this economy and this situation for so long from one angle, the end of the manipulation of gold and silver, that it seems like I am missing something BIG.

God: Well maybe you are! What else would you like to think about?

Bix: I don't know...I guess how the future will look. How will it all work out? I see what's happening now...and I see us hitting a point where the banks crash, the economy crashes, governments crash and paper and electronic money are destroyed throughout the world. I see massive chaos but when I try to understand what happens AFTER that...it's all so confusing. It's hard to get my head around what life will be like.

God: You do know, Bix, that you are creating this experience. You and everyone on Earth are in the process of creating your present and future. It is an EVOLVING CREATION with all the "things" and all the people working together. Your past has been set, your present is constantly being created and your future will unfold in front you based off what you create today.

Bix: Yes, I know that to some extent.

God: So what does "evolving" mean to you?

Bix: I guess it means we're constantly changing and, hopefully, getting better.

God: YES! If that is what you choose that is what will be!

Bix: Ok... but if things will be better what will they look like? If the system crashes and we are freed from the debt/slave society what will we do with our time? If we aren't forced to work in a job we don't like just to keep "the system" going what will we do?!

God: Does that make you feel afraid?

Bix: It does...kind of. I don't know what to think about it.

God: Well, let me help you. Let me steer you...a little. What is it that you've always wanted to do but never had the time...the money...the courage to do?

Bix: I guess I always wanted to be a (Insert your dream job here:-). That was always something I loved to do...for a long, long time.

God: Well, why did you stop?

Bix: Well, everything started to pile up. Bills and marriage and kids and a house and mortgage payments and food and responsibility and...EVERYTHING. It all snowballed and there became little time for my dreams as other things took over.

God: So if you did have the time to follow your true desire would you?

Bix: Truthfully...I don't know. I don't think I can break out of this mindset.

God: What mindset?

Bix: The mindset that tells me...uh, that shows me how my life is supposed to be. The feeling that sticks me in that little plan of what I am supposed to do and who I'm supposed to be.

God: So you think that you have to buy into someone else's plan. You don't think you can create a new plan for your life?

Bix: No. Not when you say it like that! But, I guess, I've never thought about it. I've never thought about what it would be like to do something that was in my soul and I didn't have to worry about making money or paying the bills. Yes. There are things I would want to do given that kind of freedom.

God: So you are standing at the Crossroads. Just like your world is at the Crossroads. Your economic system is on the brink of change. Your monetary system is about to change. Your Governing bodies will change. Everything is about to change and you will move on to something else - something more viable for your future - you are EVOLVING. It is natural to fear the unknown but you WILL figure it out. You will piggyback off the things that have worked in the past and will discard that which did not work. Your economic system going forward will evolve along with you into something that is more fair and more viable for the MANY and not just the FEW.

Bix: Well...I hear there's not enough natural resources to support the population of the Earth. Almost 7 billion people now and there are people starving all over the world.

God: What would you say if I told you that food scarcity is by your own creation? There could be plenty of food for everyone if you change the way you have decided to live.

Bix: What do you mean. We see starvation and shortages everyday. There are starving people all over the world...even within my own country which is supposed to be the most well off.

God: Ask yourself a question...can you go down to the local nursery and buy a packet of vegetable seeds?

Bix: Yes. There are huge racks of seeds for almost every kind of seed on earth.

God: Good. Do you have access to a patch of soil?

Bix: Yes.

God: Do you have a garden?

Bix: No. I buy all my vegetables at the stores. It's cheaper and easier and they taste better.

God: I see. Well, do you ever think that if you were to plant your own garden that you could feed yourself?

Bix: I guess I could.

God: If everyone who had the ability to do so grew their own food do you still think there would be a global food shortage?

Bix: Maybe not. Actually, there would probably be a massive oversupply of food! And that extra food could even be shipped around the world to those who can't grow their own.

God: If you think about it...you have the power to solve the global hunger problem by LEARNING TO FEED YOURSELF!

Bix: It can't be that easy.

God: It is that easy! You just need to change your way of approaching the problem.

Bix: But I can't change that much. Growing my own food is too time consuming and I'm too busy trying to eek out a living to support my family. A roof over our heads and food in the cupboard.

God: I understand that but I just told you that you can feed yourself, for the most part, from your own backyard. That checks off one of those big things you think you need to work and struggle for.

Bix: I guess it does but what if I'm no good at it?

God: There are fruits and vegetables you can plant that require absolutely NO SKILL to grow. Figure out a few you can successfully grow in your area and then grow enough to trade with others.

Bix: I suppose it can be done.

God: Let's cut to the chase. Working 10 hour days to put food on your table that you can grow in your back yard does not sound like a smart way to spend your precious time here on earth. Learn to feed yourself in order to help feed the entire world.

Bix: Wait...I thought we were going to talk about gold and silver in our conversations. What's with all this talk of "feeding myself to feed the world"?

God: Bix...You know more than most do about how gold, silver and food are all related.

Bix: I suppose I do. Gold and silver are not simply bits of metal but rather they hold intrinsic value as HARD MONEY. The illusions of our paper/electronic money are breaking down and we must soon return to using gold and silver as our money. The process will be a painful one with the breakdown of our systems of trade and commerce. Food is essential to our existence so it is wise to prepare for a transition period back to a Gold and Silver standard by learning how to fend for ourselves. Back to basics if you will.

God: Well, said Bix. I will assist in this transition by FORCING many to learn to feed and fend for themselves through changes in the planet. It is time for everyone to take responsibility for themselves. It won't be the easiest time for people on earth but these are lessons that must be learned to move forward in your EVOLUTION.

Bix: I think I understand God...and THANK YOU.

God: No. Thank You for having the courage to participate in the transition stage of the EVOLUTION of humanity.

Bix: Next time can we talk more about gold and silver?

God: Of course, although you might not be so concerned about it when we speak next.

Bix: What do you mean by that?

God: You will understand in due time. Farewell for now...and keep up the good spirits in the coming days. All will be well in the end.

Bix: Thank you God.

END

May the Road you chose be the Right Road .

Bix Weir www.RoadtoRoota.com

Again "Conversations" Parts I & II can be found here:

http://www.roadtoroota.com/public/254.cfm

 

 

CONTACT:
Dale Kemery (News Media Only)
kemery.dale@epa.gov
202-564-7839
202-564-4355

FOR IMMEDIATE RELEASE

June 8, 2011



EPA Removes Confidentiality Claims for More Than 150 Chemicals

Part of continuing effort to protect Americans' health by increasing access to chemical information

WASHINGTON – In order to provide the public has as much information as possible about the health and the environmental impacts of chemicals, the U.S. Environmental Protection Agency has made public the identities of more than 150 chemicals contained in 104 health and safety studies that had been claimed confidential by industry. Today's announcement is another in a series of unprecedented actions that EPA is taking to provide the public with greater access to information on the chemicals that are manufactured and used in the United States.

For these 104 studies, the chemical identity will no longer be redacted, or kept from view. The chemicals involved are used in dispersant formulations and consumer products such as air fresheners, non-stick and stain resistant materials, fire resistant materials, nonylphenol compounds, perfluorinated compounds, and lead.

“This action to disclose the identity of more than 150 chemicals is an important step in EPA's commitment to give the American people access to critical information about chemicals that their children and families may be exposed to,” said Steve Owens, assistant administrator for EPA's Office of Chemical Safety and Pollution Prevention. “A health and safety study with the chemical name kept secret is completely useless to the public.”

In 2010, EPA challenged industry to voluntarily declassify unwarranted claims of confidential business information (CBI). The agency also issued new guidance outlining plans to deny confidentiality claims for chemical identity in health and safety studies under the Toxic Substances Control Act (TSCA). Based on this guidance, EPA notified a number of companies in February 2011 that the agency had determined that their CBI claim was not eligible for confidential treatment under TSCA and that EPA intended to make the information public.

The health and safety studies include some declassified by the agency and other voluntary declassifications by companies in response to EPA's challenge. EPA is committed to posting new declassified materials under TSCA on the agency website on a regular basis.

In addition to these actions, EPA over the past several months has taken a number of other steps to make chemical information more readily available. The agency has provided the public, for the first time ever, with free access to the consolidated TSCA Inventory on the EPA and Data.Gov websites. EPA also launched a new chemical data access tool that for the first time gives the public the ability to electronically search EPA's database of more than 10,000 health and safety documents on a wide range of chemicals that they may come in contact with every day. EPA will continue to take actions to increase the public's access to chemical information.

 

More information: http://www.epa.gov/oppt/existingchemicals/pubs/transparency.html

Note: If a link above doesn't work, please copy and paste the URL into a browser.

View all news releases related to pesticides and toxic chemicals

 

High court backs Superfund

 Posted 06/06/2011 06:20 PM ET

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The Supreme Court rejected GE's ( GE ) challenge to the federal toxic waste cleanup law, upholding a U.S. appeals court ruling. GE had argued the Superfund provision letting the EPA issue unilateral orders violated constitutional due process rights. The gov't said the law has sufficient safeguards. GE fell 1.9%.

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Flood Information - Inundation Maps
US Army Corps of Engineers - Kansas City District.
www.nwk.usace.army.mil/Flood/InundationMaps.cfm

Governor Markell Proposes Partnership For Clean Water And Jobs
Public Works.com
At the Kent County Regional Wastewater Treatment Facility today, Governor Jack Markell proposed taking advantage of a partnership opportunity with the federal government to invest in clean water projects that create local jobs, provide long-term water ...

Posted at 05:19 PM ET, 06/07/2011

With Senate talks in flux, Webb crafts alternate Libya resolution

By Ben Pershing

The congressional pushback against President Obama's military operation in Libya entered a new phase Tuesday, as a Senate resolution supporting the White House appeared stalled and discussions on a separate, more critical, measure moved forward.

Lawmakers from both parties have grown increasingly restless since the Libya campaign began in mid-March. With the U.S. currently providing support for a NATO-led mission, members of both the House and Senate are divided over how hard to push the White House

Sens. James Webb (D-Va.) and Bob Corker (R-Tenn.) are working on a resolution that would chastise the administration for failing to consult with Congress. Though the details remain in flux, the measure could resemble one proposed by House Speaker John Boehner (R-Ohio) that passed the House by a wide margin last week, with 45 Democrats joining most Republicans in support.

Boehner's bill , which would not have the force of law even if passed by the Senate, gave the White House 14 days to provide more information about the mission and prohibited the use of ground troops. Boehner's resolution was designed to be a compromise, as the House rejected a bill by Rep. Dennis Kucinich (D-Ohio) that called for the U.S. to pull out of the Libya operation.

The White House was dismissive of the Boehner bill, and Sen. John Kerry (D-Mass.), the chairman of the Foreign Relations Committee, and John McCain (R-Ariz.) have proposed a separate resolution that would offer congressional support for the Libya campaign.

But a Foreign Relations hearing to consider the Kerry-McCain resolution that had been scheduled for Thursday has been postponed , amid questions over whether it had the votes to clear the committee.

Kerry spokesman Frederick Jones declined to comment on any efforts that might be underway to alter the measure. “Debate on the resolution will be taken up as soon as the business meeting is rescheduled,” he said.

Sen. Richard Lugar (Ind.), the top Republican on the Foreign Relations panel, wrote in a much-noticed Washington Post op-ed Monday that the White House should “understand the significance of [the House] vote, abandon its plans for a nonbinding resolution in the Senate and proceed to seek the requisite debate and authorization for the use of military force.”

A Lugar spokesman said Tuesday afternoon said the senator was waiting to see what alternative resolutions were offered before deciding what he would support.

Senate Majority Leader Harry Reid (D-Nev.) told reporters Tuesday he had spoken to both McCain and Kerry, “and I've told them that I am going to do my utmost, either through a bill that comes out of the Foreign Relations Committee or use some of the procedural avenues I have to bring something to the floor so we can have that debate.”

As for other measures, Reid said: “We're going to have lots of opportunities to vote on different things on how people feel about Libya . So I don't think it's -- I'll be happy to look at every different idea that people have, from [Sen.] Rand Paul [R-Ky.] to whoever else wants to bring something up.”

Webb, a former Navy secretary, has been outspoken in criticizing the administration's approach to Libya . At a hearing last month , Webb said he was troubled by Obama's use of the military in a situation where “we were not under attack, we were not under a threat of an attack, we were not implementing a treaty, we were not rescuing American citizens [and] we were not responding directly to an incident.”

Webb added that the decision “could set a very disturbing precedent for how decisions are made for the use of force.”

Budget Proposals Guts Clean Water Act

June 2, 2011 • rpurnell

As negotiations for fiscal year 2012 budgets continue in the U.S. House of Representatives, sportsmen-conservationists are criticizing a measure that would defund the administration's work on Clean Water Act guidance that is crucial to sustaining wetlands and waterways, the Theodore Roosevelt Conservation Partnership announced today.

The House Appropriations Subcommittee on Energy and Water Development met this morning to deliberate and mark up the FY 2012 budget for the Army Corps of Engineers and other water development agencies, including the measure that would strip protections for clean water and habitat. “None of the funds made available by this Act or any subsequent Act making appropriations for Energy and Water Development may be used by the Corps of Engineers to develop, adopt, implement, administer or enforce a change or supplement to the rule … or guidance documents … pertaining to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act,” it reads.

“While sportsmen understand the need for fiscal conservatism, this rash decision by Congress leaves vulnerable waters that provide critical habitat to fish and wildlife, flood control, drinking water and a range of other benefits,” said Steve Kline, director of the TRCP Center for Agricultural and Private Lands. “We urge House appropriators to reconsider this budgetary measure, which takes several steps backward in our efforts to restore Clean Water Act protections to the nation's streams and wetlands.”

The TRCP and its partners welcomed proposed guidance issued by the administration in April that would more clearly define which U.S. waters are subject to Clean Water Act protections, a move that would begin restoring long-standing protections to many of the nation's wetlands, streams, lakes and headwaters that have remained threatened in the wake of two ambiguous Supreme Court decisions and subsequent agency guidance.

“Americans support clean water, and we recognize that responsibly managing our headwaters and wetlands is essential to that goal,” said Jan Goldman-Carter, wetlands and water resources counsel for the National Wildlife Federation and co-chair of the TRCP Wetlands and Clean Water Working Group. “Conserving drinking water, protecting communities from flooding and sustaining fish and wildlife habitat and local economies are objectives of the administration's Clean Water Act guidance, and we are deeply disappointed that Congress would undertake any actions that undermine these goals.”

“It's ironic that this provision would bar the Corps from doing the one thing that almost everyone agrees should happen – revising its regulations to more clearly define ‘waters of the United States,'” said Scott Kovarovics, conservation director for the Izaak Walton League of America and working group member. “If this provision became law, it would lock in the status quo that threatens drinking water for 117 million Americans and the most productive duck habitat in the country.”

The TRCP and its partners on the TRCP's Wetlands and Clean Water Working Group , including Ducks Unlimited, the Izaak Walton League of America, the National Wildlife Federation and Trout Unlimited, have been promoting restoration of protections for the nation's wetlands and clean waters. Recent budget deliberations have repeatedly threatened the sportsmen's efforts to conserve these resources.

“Hunters and anglers are strongly opposed to this policy rider, and our vigorous opposition helped defeat a similarly ill-conceived rider when the House passed the FY 11 Continuing Resolution, or HR 1, earlier this year,” said Steve Moyer, vice president of government affairs for Trout Unlimited and WCWWG co-chair. “Sportsmen know the Clean Water Act is a vital safety net for fish and wildlife resources that is being partially repaired by the Corps-EPA guidance. The guidance is reasonable, science-based, consistent with the Clean Water Act and beneficial to fish, wildlife and the public; therefore, sportsmen will do everything in our power to stop the rider.”

The proposed Clean Water Act guidance would begin restoring protections for intermittent streams that sustain critical fisheries and feed the public drinking water systems for more than 117 million Americans and at least 20 million acres of the nation's wetlands, particularly prairie potholes and wetlands essential to waterfowl. The guidance is available for public comment and review until July 1.

UPDATE: CFTC To Hold Open Meeting On Dodd-Frank Effective Dates

(Adds details in first and second paragraphs; background in seventh-ninth paragraphs; and lawyer's comments on derivatives market in 10th-11th paragraphs)

WASHINGTON (Dow Jones)--The Commodity Futures Trading Commission said Tuesday that members will meet next week to consider a fix to allow the over-the-counter derivatives market to operate as usual until they finish new rules, answering industry concern about what will happen after regulators miss the July deadline set out in the Dodd-Frank law.

Regulators have proposed sweeping new rules for financial markets mandated by Dodd-Frank, but have ...

http://online.wsj.com/article/BT-CO-20110607-712517.html

Resource Record Details

Procedure Memorandum No. 62 - TSDN Submittal and FEDD File Review Protocol for Mapping Projects

Resource Record Cover Image Thumbnail - pl_memo62.jpgProcedure Memorandum No. 62 Amends the Guidelines and Standards for Flood Hazard Mapping Partners regarding Technical Support Data Notebook (TSDN) submittals and establishes Flood Elevation Determination Docket (FEDD) file review protocols for mapping projects. This memorandum emphasizes the importance of timely and complete submission of Flood Insurance Study support data and provides a revised timeline for those submissions. The memorandum further reiterates and clarifies mapping partner responsibilities to ensure that all TSDNs and FEDD Files are accurate and complete.


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Lubricious Medical Coatings From Bayer MaterialScience

Coatings

Baymedix CL 100 coatings' performance surpasses established standards, demonstrates durability under stress.

Manufacturing Group June 8, 2011

Bayer MaterialScience LLC announces new measurements that illustrate the durability of its Baymedix CL 100 lubricious coating technology. Catheters with Baymedix CL 100 coatings, subjected to demanding simulated-use tests, released far fewer wear particles than the levels defined by the United States Pharmacopeia (USP) 788 standard.

Medical devices used inside the body shed wear particles during use – a phenomenon known as particulation. To reduce risk to patients, manufacturers seek to minimize the release of these particles. Hydrophilic lubricious coatings, used on devices like cardiovascular catheters, are particularly susceptible to particulation: the water they absorb makes them slippery when wet and easier for physicians to use, but it also makes them weaker. The stress of being inserted into narrow tortuous blood vessels can break particles off the surface of a coated catheter.

The unique technology behind the Baymedix CL 100 lubricious coating product gives it an advantage in particulation resistance. Because the polymer coating is grown directly from a material surface, it is extensively bonded to the substrate through strong covalent linkages. This bonding, along with the polymer entanglement that strengthens the coating itself, helps create an especially durable coating resistant to particle generation.

To quantify particulation, device engineers often use the USP standard 788, “Particulate Matter in Injections.”  The data is sometimes used to support manufacturers' applications to the U.S. Food and Drug Administration (FDA) to market certain medical devices.

In the simulated-use test performed on a Baymedix CL 100-coated catheter, the coating performance far exceeded the established standards.  The number of generated particles greater than 10 microns in diameter was 59 percent below the limit defined by USP 788, and the number of particles greater than 25 microns was 78 percent below the limit.

The key to meaningful particulation testing is generating the particles using an appropriate test. Jeffrey Motley, R&D manager for the Bayer MaterialScience Medical Coatings Development Centre in the United Kingdom , explains: “FDA guidelines state that the generation of particulates should be performed to as closely as possible resemble the actual use of the device.”  Bayer used a coronary vascular model relevant to many of its customers' devices. 

Notably, Bayer was able to achieve its results with the demanding method of repeated insertion and removal of the device through a highly tortuous glass path. Said Motley, “We believe it represents a worst-case scenario in terms of usage.”

Paul Nowatzki, business development manager for Bayer MaterialScience LLC, offered some perspective. “These results support the conviction we have had for a long time – that Baymedix CL 100 coatings offer superior durability and particulation resistance.”

Bayer MaterialScience has a team of professionals exclusively dedicated to the development and commercialization of its Baymedix™ portfolio of materials for medical devices, which includes drug-eluting coatings and materials for wound care applications.

Bayer MaterialScience LLC is one of the leading producers of polymers and high-performance plastics in North America and is part of the global Bayer MaterialScience business with approximately 14,700 employees at 30 production sites around the world and 2010 sales of 10.2 billion euros. The company manufactures high-tech polymer materials and develops innovative solutions for products used in many areas of daily life. The main segments served are the automotive, electrical and electronics, construction, medical, and sports and leisure industries. Sustainability is central to Bayer MaterialScience LLC's business and is based around the key areas of innovation, product stewardship, excellence in corporate management, social responsibility and respect for the environment.

Benefit from putting NOAA in Interior Department

June 08, 2011 12:00 AM

A proposal to combine two federal departments could bring significant changes to the policies that control commercial fishing.

A bill filed in Washington two weeks ago by North Carolina Republican Sen. Richard Burr would combine the departments of Commerce and Labor into a new Department of Commerce and the Workforce.

"In his State of the Union address this year," Burr said, "the president proposed merging and consolidating federal agencies, and this bill advances that proposal. This common-sense approach reduces duplication by combining offices with similar functions within these two agencies and would streamline our approach to comprehensive economic policy."

Enactment would transfer the Small Business Administration into the new department, and, most importantly for the fishing industry, it would transfer the National Oceanic and Atmospheric Administration to the Department of the Interior.

The "intangibles" of such a change could fill the hold of a Russian factory ship, but there is plenty of food for thought in the idea.

The Commerce Department, which today controls NOAA, is about to lose its leader, as Gary Locke was nominated by President Obama in March to be the next ambassador to China . Nominated to replace him is John Bryson.

Bryson is a co-founder of the Natural Resources Defense Council. This has pricked up the ears of fishing interests, who are wary, to say the least, of how badly things could go, considering how bad they already are.

Stifling regulations and capricious enforcement of the industry in the Northeast have idled the region's boats, putting fishermen and the businesses that support them under stress and, frequently, out of business.

And while Locke has recently admitted errors in enforcement, what it took to get that admission gives little hope for long-term improvement in the department's treatment of the industry.

Those looking at Bryson as the future of the Department of Commerce have tried to temper their skepticism of the co-founder of the NRDC, a group Reps. Barney Frank and John Tierney called one of "those environmental organizations that has reflexively attacked the fishing industry inaccurately and without any real environmental basis."

More charitable critics have noted that Bryson hasn't been with the group for 15 years. His attitude now remains to be seen.

Another of Bryson's credentials is that he is a senior adviser for Kohlberg Kravis Roberts & Co., which has been a partner since 2008 with the Environmental Defense Fund, a frequent antagonist for commercial fishing interests.

Working under the secretary is NOAA chief administrator Jane Lubchenco, who before being named by the president to run the agency was a board vice chairman for the Environmental Defense Fund.

Presumably, if NOAA were to move to the Department of the Interior, Lubchenco would go with it, but there are some characteristics of that department that are worth keeping in mind.

Interior Secretary Ken Salazar runs a department that overseas approximately one-fifth of the land in the U.S. It oversees the National Park Service and the U.S. Fish and Wildlife Service.

Environmental groups weren't pleased at the time of his nomination, because they worried he wouldn't properly balance their concerns and those of energy developers. The groups are not unaccustomed to expressing their outrage with Salazar's decisions on mining and energy exploration.

No one can say whether putting NOAA under Interior instead of Commerce would improve the lot of Northeast fishermen, but Interior's mission is more suited to the regulation of natural resources and has services already dealing with common issues.

If the regulatory process were to take a turn toward the fishing industry, the risk of overfishing exists, but we're confident the EDF and its allies will continue to be vocal. It would be good for the process if some other voices could be given an equal hearing for a change.

NOAA, Commerce still have more to repay

By Reidar Bendiksen

Reidar Bendiksen lives
in Dartmouth .

June 08, 2011 12:00 AM

For NOAA and the Department of Commerce to actually come out, apologize, and admit wrongdoings is a first, but to actually pay reparations to people who they put out of business at first glance looks like they are finally getting major egg on their faces.

In the case of Larry Yacubian, it was a very excessive penalty, indeed, and he rightfully deserves to get most of the fines down to a reasonable level. But the $400,000 that is being returned to him amounts to a Band-aid applied to a wound that requires at least a dozen stitches. What about the expenses to fight this case? What about his operators permit, his scalloping permit, and his boat, that at today's market would be worth $4 million to $5 million? And to top it off, the loss of opportunity to participate in the last 10 year's scalloping gold rush-like rewards?

The other side of the matter is he did break the rules, but so did many others at that time. Scalloping was a hard business. Boats were working at a thousand pounds a day or less, and outlook for the future was rather dim. A few years after the world court gave the northeast peak of Georges Bank to the Canadians, scallops showed up across the line in Canadian waters. This unleashed a flurry of poaching activity among a group of scallopers. Both the Canadian and U.S. Coast Guards were going nuts trying to keep them from violating boundary laws. Some boats even steamed into Canadian waters on Christmas Eve, figuring patrols take a break over Christmas.

This and the scallop meat count law created a cat and mouse game between fishermen, Coast Guard and enforcement. I suspect from these situations, closed area No. 1 was strategically placed there with dual purposes: to keep scallopers from poaching and to create a sanctuary for fish. When they finally caught someone doing something illegal, they often made an example out of them even if the punishment didn't fit the offense. As in the case with Yacubian, the judge at the head of that government kangaroo court absolutely ruined his fishing career.

Let us revisit the Catch Share Sector system that is responsible for evicting 50 percent of formerly active participants mainly because of lack of allocations. I read in The Standard-Times the Cape Cod Commercial Hookers Association received three times their historical landings in quota, plus special access to grounds closed to the trawler fleet. The CCCHA was able to sell 70 percent of its allocations to trawlers and still have enough for the year. No wonder they brag about the Catch Share system.

On the flip side, the region's small and medium-size trawlers' quota allotments amounted to only 20 percent of their historical landings. Sixty percent of the fleet was effectively driven out of business because there was not enough quota to go around. So, what laws did these people break to deserve such harsh treatment? Treatment resulting in losing their boats, houses, livelihood and even in some cases their family! Is NOAA and Commerce going to apologize to them? I think they should, because NOAA, NMFS, EDF, NEFMC still don't acknowledge that they ever existed. When you mention any of this to anyone from the above mentioned agencies you only get a blank stare in return, no comment.

It is one thing to evict people from their livelihoods for a just reason, a violation, breaking the rules and so on, but it is a completely different matter when innocent people get this treatment from the stroke of a pen, a council vote or because certain groups just don't want them around for whatever reason. The end result is the same. I cannot believe how the CCCHA could be rewarded three times allocations. It must be NOAA stole quota from the draggers' already sparse allocations to give to the Hookers Association so they were sure to have a very successful model sector.

This is supposed to be a country of freedom and justice. I remember my father once told me: "In this country, if someone has a chance to make personal gains from other people's demise and misfortunes, they consider them people smart over here." I can see what he meant. I cannot believe it also pertains to NOAA. I think apologies and reparations should also be handed out to innocent catch share victims, with even greater urgency than the lawbreakers, no matter how serious or minor their offences were. I think NOAA and the Department of Commerce ought to take a good look at who and how many people have gotten hurt because of their "playing God" schemes and do the right thing for a change. And perhaps we can save what is left of this very important industry.

The Global Debt Crisis, How We Got In It, and How to Get Out

Interest-Rates / Global Debt Crisis Jun 07, 2011 - 06:38 AM

By: Ellen_Brown

Interest-Rates

Diamond Rated - Best Financial Markets Analysis ArticleCountries everywhere are facing debt crises today, precipitated by the credit collapse of 2008.  Public services are being slashed and public assets are being sold off, in a futile attempt to balance budgets that can't be balanced because the money supply itself has shrunk.  Governments usually get the blame for excessive spending, but governments did not initiate the crisis.  The collapse was in the banking system, and in the credit that it is responsible for creating and sustaining.

 

1Contrary to popular belief, most of our money today is not created by governments.  It is created by private banks as loans.  The private system of money creation has grown so powerful over the centuries that it has come to dominate governments globally.  The system, however, contains the seeds of its own destruction.  The source of its power is also a fatal design flaw.

The flaw is that banks advance “bank credit” that must be paid back with interest, while having no obligation to spend the interest they collect so that borrowers can earn it again and again, as they must in order to retire the debt.  Instead, this money is invested in various casinos beyond the borrowers' reach. This leads to a continual systemic need for more new bank credit money, more debt with more interest attached, to prevent widespread defaults and deflationary collapse.

Today this problem is particularly evident in the EU.  The Euro is a fixed currency system that does not allow for expansion to meet the demands of the private lending casino.  The result is that EU member nations collectively are being crippled by debt. 

There are more sustainable ways to run a banking and credit system, as will be shown.

How Banks Create Money

The process by which banks create money was explained by the Chicago Federal Reserve in a booklet called “ Modern Money Mechanics .”  It states:

“The actual process of money creation takes place primarily in banks.” [p3]

“[Banks] do not really pay out loans from the money they receive as deposits.  If they did this, no additional money would be created.  What they do when they make loans is to accept promissory notes in exchange for credits to the borrowers' transaction accounts.  Loans (assets) and deposits (liabilities) both rise [by the same amount].” [p6]   

“With a uni