text:
Friends of the Earth v. U.S. Army Corps of Engineers
ORDER granting in part plaintiff's 18 Motion for Summary Judgment; granting in part defendant's 13 Motion for Summary Judgment; dismissing Claim 4 of 1 Complaint. Signed by Judge Thomas S. Zilly.(SWT)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
FRIENDS OF THE EARTH,
U.S. ARMY CORPS OF
THIS MATTER comes before the Court on Defendant’s Motion for Summary
14 Judgment, docket no. 13, and Plaintiff’s Response and Cross-Motion for Summary
15 Judgment, docket no. 18. Having reviewed all papers filed in support of, and in
16 opposition to, the motions, the Court enters the following order.
17 Issue Presented
This dispute arises out of Plaintiff’s request, pursuant to the Freedom of
19 Information Act (“FOIA”), to the U.S. Army Corps of Engineers (“the Corps”) for a copy
20 of the March 2017 Biological Evaluation (the “March 2017 BE”) regarding the effect of
21 new or revised permits for the construction and operation of a second dock for crude oil
22 deliveries at the Cherry Point Terminal operated by British Petroleum (“BP”). The issue
ORDER - 1
1 presented is whether the March 2017 BE must be produced pursuant to Plaintiff’s FOIA
2 request or whether it is exempt from disclosure.
BP currently holds a permit from the Corps to construct and operate a second
5 dock, known as the “North Wing dock,” at the Cherry Point Refinery Marine Terminal.
6 Declaration of David J. Martin (“Martin Decl.”), docket no. 15, ¶ 4. As a result of earlier
7 litigation, the Corps is in the process of preparing an after-the-fact Environmental Impact
8 Statement (“EIS”) regarding the permit and its compliance with, among other things, the
9 Endangered Species Act (“ESA”). See Ocean Advocates v. U.S. Army Corps of Eng’rs,
10 402 F.3d 846, 875 (9th Cir. 2005).
BP’s effort to construct and operate a second dock at the Cherry Point facility has
12 spanned more than four decades. Id. at 855 (describing BP’s request to develop the
13 second dock in 1977). In 1996, the Corps concluded that construction of the North Wing
14 dock would not result in significant adverse environmental impacts and granted the
15 permit without preparing an EIS. Various organizations publicly disputed the Corps’
16 conclusions, expressing concerns over increased tanker traffic, the risk of oil spills, and
17 harm to fish, wildlife, and the environment. Id. at 856-57. Ultimately the Ninth Circuit
18 Court of Appeals ordered the preparation of an EIS even though BP has since completed
19 construction of the dock. Id. at 871-72.
The ESA was enacted to preserve and protect threatened and endangered species
21 and the ecosystems upon which they depend. 16 U.S.C. § 1531. The ESA requires a
22 federal agency to “insure that any action authorized, funded, or carried out by such
ORDER - 2
1 agency . . . is not likely to jeopardize the continued existence of any endangered or
2 threatened species . . . .” Id. § 1536(a)(2). This statutory mandate—commonly referred
3 to as a Section 7 consultation—requires agencies to “consult” with the National Marine
4 Fisheries Service (“NMFS”) and/or the U.S. Fish and Wildlife Service (“USFWS”)
5 (together, the “Services”). 50 C.F.R. § 402.14(a). Consultation is accomplished by the
6 initiating agency or the project proponent drafting a biological assessment 1 and sharing
7 that document with one or more Services for their review. If a Service determines the
8 proposed action is likely to adversely affect endangered or threatened species, the Service
9 conducts a “formal” consultation and drafts a biological opinion. 50 C.F.R. § 402.14.
10 Depending on the outcome of the consultation, a Service may identify “reasonable and
11 prudent alternatives” to the proposed action. 16 U.S.C. § 1536(b)(3)(A).
The Corps initiated Section 7 consultation with the Services in connection with
13 preparing the EIS for the Cherry Point Terminal. Martin Decl. ¶ 7. In order to begin
14 consultation, the Corps requested that BP prepare the BE, and BP retained an outside
15 consultant to prepare the BE. Answer, docket no. 8, ¶ 26; Martin Decl. ¶ 5. The Corps
16 “furnished BP and its contractor guidance and supervision and independently reviewed
17 and evaluated the scope and contents of this BE.” Martin Decl. ¶ 5. The Corps also
18 requested that the contractor make certain edits to several drafts of the BE in 2014, and
19 the Corps also made unilateral edits to the BE around the same time. Id. ¶ 7. As a result
According to the Corps, the Seattle District uses the term “Biological Evaluation” to refer to a biological
assessment prepared under Section 7. Def.’s Br., docket no. 13, at 3 n.1. Like the parties, the Court will
22 refer to the document at issue in this case as a Biological Evaluation (“BE”).
ORDER - 3
1 of feedback from the Services between 2014 and 2016, the Corps “directed BP’s
2 contractor on June 8, 2016 to revise the BE . . . .” Id. Thereafter,
On April 6, 2017, the Corps received from the applicant [BP] a revised
version of the BE, labeled with the date “March 2017,” and initiated a review
of the revised version. After meeting with the Services on May 26, 2017, the
Corps completed its review of the BE, adopted the updated version and, on
June 16, 2017, submitted it to the Services to continue the ongoing ESA
Section 7 consultation.
Id.; see also Supplemental Declaration of David J. Martin (“Martin Supplemental
Decl.”), docket no. 23, ¶¶ 3, 4 (describing the two rounds of review in 2014 and 2017,
including edits made by the Corps to earlier versions before the March 2017 BE). The
USFWS subsequently engaged in informal consultation, which has concluded. NMFS,
however, is proceeding with formal consultation, which will be concluded with the
issuance of a Biological Opinion under 50 C.F.R. section 402.14. Martin Decl. ¶ 8.
On July 10, 2017, Plaintiff submitted a FOIA request to the Corps asking for the
updated biological assessment that BP submitted to the Corps. Declaration of Richard M.
Hynes (“Hynes Decl.”), docket no. 14, ¶¶ 2, 3. The FOIA requires federal agencies to
release records upon request to any person unless the record falls within an express
statutory exemption. 5 U.S.C. § 552(a), (b)(1)-(9); see also Dep’t of the Air Force v.
Rose, 425 U.S. 352, 361 (1976) (purpose of FOIA is to “pierce the veil of administrative
secrecy and to open agency action to the light of public scrutiny”). “Because FOIA is
meant to promote disclosure, its exemptions are interpreted narrowly.” Sierra Club v.
U.S. Fish and Wildlife Serv., 911 F.3d 967, 978 (9th Cir. 2018) (citing Assembly of Cal.
v. U.S. Dep’t of Commerce, 968 F.2d 920 (9th Cir. 1992)). Although the public’s right to
ORDER - 4
1 information under the FOIA is not absolute, the burden is always on the government to
2 prove that withholding is authorized. 5 U.S.C. § 552(a)(4)(B). The government may
3 meet that burden through the submission of affidavits containing “reasonably detailed
4 descriptions of the documents and alleg[ing] facts sufficient to establish an
5 exemption . . . .” Lewis v. I.R.S., 823 F.2d 375, 378 (9th Cir. 1987).
The statutory exemption at issue in this case—commonly referred to as
7 “Exemption 5”—permits agencies to withhold documents that are pre-decisional and part
8 of the deliberative process. 5 U.S.C. § 552(b)(5). The FOIA also sets specific deadlines
9 by which agencies must respond to appeals of agency decisions. E.g., 5 U.S.C.
10 § 552(a)(6)(A)(ii) (agency must make a determination with respect to any appeal within
11 twenty days of receipt).
In a letter response dated July 26, 2017, the Corps denied Plaintiff’s FOIA request
13 on the grounds that the document is “a pre-decisional deliberative document” and exempt
14 from disclosure under Exemption 5. Hynes Decl. ¶ 6. Plaintiff’s appeal of the Corps’
15 denial was received on September 7, 2017. Id. ¶ 7. On December 12, 2017, the Corps
16 informed Plaintiff that it received the appeal, id. at 9, but the Corps did not further
17 communicate with Plaintiff regarding any resolution of the appeal.
Plaintiff filed its complaint on May 10, 2018. Complaint, docket no. 1. The
19 Complaint alleges four claims. The first claim alleges that the Corps failed to resolve
20 Plaintiff’s administrative appeal within the deadlines established by the FOIA. The
21 second claim alleges a violation of the FOIA for unlawfully withholding the March 2017
ORDER - 5
1 BE. The third claim, which Plaintiff has abandoned, 2 alleges FOIA violations related to
2 the Corps’ failure to provide estimated completion dates. Plaintiff’s fourth claim alleges
3 violations of the Administrative Procedure Act as an alternative basis for liability.
Plaintiff moves for summary judgment on its first and second claims, contending
6 that the Corps violated the FOIA by failing to resolve Plaintiff’s appeal within the
7 twenty-day deadline mandated by the FOIA, and that the Corps is unlawfully withholding
8 the March 2017 BE by invoking FOIA Exemption 5 to withhold the document as a pre9 decisional and deliberative federal agency document. Docket no. 18 at 2. The Corps has
10 filed a cross-motion for summary judgment on the grounds that the Corps properly
11 invoked Exemption 5 and that the March 2017 BE is exempt from disclosure. Docket no.
12 13. 3 The parties agree that there are no contested material facts that would preclude the
13 entry of summary judgment.
FOIA disputes may be—and often are—resolved via motions for summary
Standard of Review
16 judgment. Lane v. Dep’t of Interior, 523 F.3d 1128, 1134 (9th Cir. 2008); Shannahan v.
17 I.R.S., 637 F. Supp. 2d 902, 912 (W.D. Wash. 2009). The Court shall grant summary
18 judgment if no genuine issue of material fact exists and the moving party is entitled to
Plaintiff abandoned claim three during briefing on the cross-motions for summary judgment. Plf.’s
21 Response and Cross-Motion for Summary Judgment, docket no. 18, at 28.
Plaintiff also moves on the fourth claim, in the alternative, only if there is no adequate remedy under the
22 first claim.
ORDER - 6
1 judgment as a matter of law. Fed. R. Civ. P. 56(a). The moving party bears the initial
2 burden of demonstrating the absence of a genuine issue of material fact. Celotex Corp. v.
3 Catrett, 477 U.S. 317, 323 (1986). Alternatively, a movant must show that the plaintiff
4 lacks competent evidence to support an essential element of his or her claim. Id. at 322;
5 Luttrell v. Novartis Pharms. Corp., 894 F. Supp. 2d 1324, 1340 (E.D. Wash. 2012). A
6 fact is material if it might affect the outcome of the suit under the governing law.
7 Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). To survive a motion for
8 summary judgment, the adverse party must present “affirmative evidence,” which “is to
9 be believed” and from which all “justifiable inferences” are to be favorably drawn. Id. at
10 255, 257. When the record, however, taken as a whole, could not lead a rational trier of
11 fact to find for the non-moving party, summary judgment is warranted. See Matsushita
12 Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986); see also Celotex, 477
13 U.S. at 322.
Plaintiff’s First Claim: The Corps’ Failure to Timely Resolve
It is undisputed that the Corps failed to make a determination regarding Plaintiff’s
administrative appeal by the deadline set forth in 5 U.S.C. § 552(a)(6)(A)(ii). 4 The Court
finds that the delay—which lasted several months until Plaintiff elected to file this
lawsuit—is sufficiently egregious to justify relief. See Long v. I.R.S., 693 F.2d 907, 910
See Def.’s Reply, docket no. 22, at 17-18 (arguing that Plaintiff’s decision to seek judicial review was a
sufficient remedy “even though there was a delay later in the administrative process”); see also Hynes
22 Decl., Ex. 4 (describing receipt of appeal on September 7, 2017).
ORDER - 7
1 (9th Cir. 1982) (“[U]nreasonable delays in disclosing non-exempt documents violate the
2 intent and purpose of the FOIA, and the courts have a duty to prevent these abuses.”).
3 Accordingly, the Court grants Plaintiff’s motion for summary judgment on its first claim.
4 The Court concludes that the remedy is limited to declaratory relief that the Corps
5 violated the statute and to Plaintiff’s ability to seek judicial review in this Court. See,
6 e.g., Munger, Tolles & Olson LLP ex rel. American Management Servs. LLC v. U.S.
7 Dep’t of Army, 58 F. Supp. 3d 1050, 1054 (C.D. Cal. 2014) (granting declaratory relief
8 for “[a] total unjustified delay of over a year” after failing to respond to an appeal);
9 Citizens for Resp. & Ethics in Wash. v. FEC, 711 F.3d 180, 189 (D.D.C. 2013) (“If the
10 agency does not adhere to FOIA’s explicit timelines, the ‘penalty’ is that the agency
11 cannot rely on the administrative exhaustion requirement to keep cases from getting into
12 court.”). Because Plaintiff has already filed this action, no further declaratory relief is
“Section 522 of Title 5, FOIA, ‘mandates a policy of broad disclosure of
Plaintiff’s Second Claim: Unlawful Withholding
16 government documents.’ Agencies may withhold documents only pursuant to the
17 exemptions listed in § 552(b).” Sierra Club, 911 F.3d at 977 (quoting Maricopa
18 Audubon Soc. v. U.S. Forest Serv., 108 F.3d 1082, 1085 (9th Cir. 1997)). One of those
19 exemptions, the so-called “Exemption 5” or “deliberative process privilege,” protects
20 “inter-agency or intra-agency memorandums or letters that would not be available by law
21 to a party other than an agency in litigation with the agency. . . .” 5 U.S.C. § 552(b)(5).
22 “To qualify, a document must thus satisfy two conditions: its source must be a
ORDER - 8
1 Government agency, and it must fall within the ambit of a privilege against discovery
2 under judicial standards that would govern litigation against the agency that holds it.”
3 Dep’t of Interior v. Klamath Water Users Protective Ass’n, 532 U.S. 1, 8 (2001). Thus, if
4 a document is not an “agency” document, an agency may not withhold it regardless of
5 whether it reflects the deliberative process of the agency, attorney work-product, or is an
6 attorney-client communication. Defendant “therefore bear[s] the burden of proving that
7 the documents [it] maintain[s] should be exempt from disclosure are both ‘pre-decisional
8 and deliberative.’” Sierra Club, 911 F.3d at 978 (quoting Carter v. Dep’t of Commerce,
9 307 F.3d 1084, 1089 (9th Cir. 2002)). Disclosure may also be required of documents that
10 are otherwise subject to Exemption 5 if the government agency waives its right to the
11 exemption by voluntarily sharing the document with third parties. Mobil Oil Corp. v.
12 U.S. Envt’l Protection Agency, 879 F.2d 698, 700-01 (9th Cir. 1989).
The March 2017 BE Is Not a Federal Agency Document
The March 2017 BE was prepared by a private consultant, who delivered the
15 document to BP, the same entity that applied for a permit from the Corps. Thereafter, BP
16 delivered the document to the Corps, which adopted it and submitted it to the Services for
17 consultation. The Court concludes that the March 2017 BE is therefore not an agency
18 document for purposes of the FOIA.
The Corps makes two arguments that the March 2017 BE is—despite its origin—
20 an agency document for purposes of FOIA. First, the Corps argues that “once the Corps
21 adopted the March 2017 BE as its own document” all connections between BP and its
22 consultant “were severed.” Def.’s Reply, docket no. 22 at 4. However, the Corps has not
ORDER - 9
1 identified a single case in which an agency’s “adoption” transforms a third-party
2 document into a federal agency-created document. Id.; see also Martin Supplemental
3 Decl. ¶ 3. The March 2017 BE was created by a third party consultant for BP, and BP—
4 not the consultant—submitted the BE to the Corps. As a result, the March 2017 BE is
5 not a federal agency document subject to exemption.
The Corp’s second argument relies on the so-called “consultant corollary,” a
7 judicially-created rule that treats certain third-party documents as agency documents for
8 purposes of FOIA. The Supreme Court has clarified that the consultant corollary will
9 apply whenever “the consultant does not represent an interest of its own, or the interest of
10 any other client, when it advises the agency that hires it.” Klamath, 532 U.S. at 11.
11 Under the consultant corollary, “an agency can invoke Exemption 5 with regard to
12 records of communications with a third party if that private individual was acting ‘just as
13 a [government] employee would be expected to do’. . . .” Ctr. for Biological Diversity
14 v. Office of the U.S. Trade Representative, 450 Fed. App’x 605, 608 (9th Cir. 2011)
15 (quoting Klamath, 532 U.S. at 11).
The Corps argues that the consultant corollary should apply to the March 2017
17 BE, because the consultant “was acting as a government employee when drafting the
18 BE.” Def.’s Reply, docket no. 22 at 6 (citing Martin Supplemental. Decl. ¶¶ 3-6). This
19 position is unpersuasive, and belied by the undisputed facts. Information necessary to
20 conduct a Section 7 consultation under the ESA is normally provided by the permit
21 applicant (here, BP) in the form of a BE. Martin Decl. ¶¶ 5, 7. In this case, BP retained a
22 consultant to prepare the subject BE. Id. After several drafts and feedback provided by
ORDER - 10
1 the Corps, a revised version of the BE, labeled with the date “March 2017” was received
2 by the Corps from BP. Id. ¶ 7. Subsequently, the Corps adopted that version and on
3 June 16, 2017, “submitted it to the Services to continue the ongoing ESA Section 7
4 consultation.” Id. The Corps admits that BP has interests at stake in the Corps’
5 evaluation and the Section 7 consultation. Id. ¶¶ 4, 8, 12. The Corps also admits that it
6 did not hire BP or the consultant to prepare the BE; rather BP retained the consultant for
7 that purpose. Id. ¶¶ 5-7. The Corps has offered no evidence that the consultant did not
8 represent an interest of its own or the interest of BP.
Although the Corps has its own, neutral interests in the consultation and
10 participated in the creation of the BE by directing the consultant to make certain edits
11 earlier in the process, the Corps made no changes to the March 2017 version that it
12 received from BP and transmitted to the Services. See Martin Supplemental Decl. ¶ 3
13 (describing how the Corps “directed modification” of earlier versions of the BE, adopted
14 the version received in April 2017, and “then submitted the BE directly to the Services”);
15 Martin Decl. ¶ 7 (explaining that the Corps “received from the applicant [BP] a revised
16 version of the BE” and transmitted that version to the Services without describing any
17 intervening revisions or changes). 5
The Corps relies on numerous cases in which courts have found records exempt
19 under the consultant-corollary of Exemption 5. But all of those cases are readily
The Corps does not argue that it formally designated the consultant to write the biological evaluation
pursuant to 50 C.F.R. § 402.08, and this Order does not reach the question of whether documents
22 prepared by a formal designee fall within the exemption.
ORDER - 11
1 distinguishable because the consultants were hired or solicited by the agency to provide
2 neutral advice and did not—as in Klamath—“represent . . . the interest of any other
3 client, when it advises the agency that hires it.” Klamath, 532 U.S. at 11; see, e.g.,
4 Stewart v. U.S. Dep’t of Interior, 554 F.3d 1236, 1245 (10th Cir. 2009); Nat’l Inst. of
5 Military Justice v. U.S. Dep’t of Defense, 512 F.3d 677, 682-83 (D.C. Cir. 2008) (quoting
6 Klamath, 532 U.S. at 10-11); Public Citizen, Inc. v. Dep’t of Justice, 111 F.3d 168 (D.C.
7 Cir. 1997); Maricopa Audubon Society v. U.S. Forest Serv., 108 F.3d 1089 (9th Cir.
8 1997); Formaldehyde Inst. v. Dep’t of Health and Human Servs., 889 F.2d 1118, 1122
9 (D.C. Cir. 1989); Ryan v. Dep’t of Justice, 617 F.2d 781 (D.C. Cir. 1980); Sakamoto v.
10 U.S. E.P.A., 443 F. Supp. 2d 1182, 1191 (N.D. Cal. 2006). 6 The consultant corollary
11 does not apply to the March 2017 BE.
The March 2017 BE Is Not Pre-Decisional
Even if the BE were considered an “agency” document, it must still satisfy the
14 deliberative process prong of the exemption, meaning it must be “both (1) ‘predecisional’
15 or ‘antecedent to the adoption of agency policy’ and (2) ‘deliberative,’ meaning ‘it must
16 actually be related to the process by which policies are formulated.’” Nat’l Wildlife
The Corps also relies on Electronic Privacy Information Center (EPIC) v. U.S. Department of
Homeland Security, which appears to misread Klamath as requiring actual adversity between the
consultant and the agency before the communications lose protection. 892 F. Supp. 2d 28, 35-38 (D.D.C.
2012). Klamath does not require adversity, however, and the Court finds EPIC’s reasoning unpersuasive.
References to adversity in the Klamath opinion serve only to bolster the Klamath Court’s conclusion
regarding the inapplicability of the exemption in that case. Klamath, 532 U.S. at 12 (“The Tribes, on the
contrary, necessarily communicate with the Bureau with their own, albeit entirely legitimate interests in
mind. While this fact alone distinguishes tribal communications from the consultants’ examples . . . the
distinction is even sharper, in that the Tribes are self-advocates at the expense of others seeking benefits
inadequate to satisfy everyone.”) (emphasis added).
ORDER - 12
1 Fed’n v. U.S. Forest Serv., 861 F.2d 1114, 1117 (9th Cir. 1988) (citation omitted). A
2 “‘predecisional’ document is one ‘prepared in order to assist an agency decision-maker in
3 arriving at his decision,’ . . . and may include ‘recommendations, draft documents,
4 proposals, suggestions, and other subjective documents which reflect the personal
5 opinions of the writer rather than the policy of the agency . . . .’” Assembly of Cal., 968
6 F.2d at 920 (citations omitted). A document that is predecisional at the time it was
7 prepared “can lose that status if it is adopted, formally or informally, as the agency
8 position on an issue . . . .” Nat’l Res. Def. Council v. U.S. Dep’t of Def., 388 F. Supp. 2d
9 1086, 1098 (C.D. Cal. 2005) (quotation marks and citation omitted). Final biological
10 evaluations are normally not predecisional because they constitute the agency’s official
11 position. See, e.g., Ctr. for Biological Diversity v. U.S. Marine Corps, No. 00-2387, 2005
12 WL 3262901, *2 (D.D.C., Sept. 19, 2005) (rejecting the argument that Section 7
13 consultation “constitutes one long deliberative process with Defendant making its final
14 decision after it receives the biological opinion from” a Service and holding that
15 Exemption 5 did not justify withholding a biological assessment).
In this case, the Corps “adopted” the March 2017 BE as its own before submitting
17 it to the Services for Section 7 consultation. Martin Decl. ¶ 7. The Corps admits that the
18 March 2017 BE is entitled “Final Biological Evaluation.” Def.’s Reply, docket no. 22, at
19 7 n.1. The March 2017 BE is not predecisional and not exempt from disclosure under
20 Exemption 5. See also Sierra Club, 911 F.3d at 980-81 (recognizing that draft biological
21 opinions are not predecisional where they represent an agency’s “final views and
ORDER - 13
1 recommendations” even where other agencies may have subsequent opportunities to
2 influence the agency’s decision as part of Section 7 consultation).
The Corps Waived Any Privilege Under FOIA
Alternatively, the Corps waived any privilege when the document was shared with
5 the applicant, BP, who submitted it to the Corps. Martin Decl. ¶ 7 (stating that the Corps
6 received the March 2017 BE from “the applicant”); Martin Supplemental Decl. ¶ 3;
7 Mobil Oil Corp., 879 F.2d at 700. In this case, BP is a third party seeking a permit from
8 the Corps, and it has received preferential treatment (i.e., advance disclosure of the
9 March 2017 BE) relative to other members of the public. The interests of BP are
10 inconsistent with Plaintiff’s interest in disclosure and the outcome of the permitting
11 process. 7 See State of N.D., ex rel. Olson v. Andrus, 581 F.2d 177 (8th Cir. 1978)
12 (“[S]elective disclosure . . . is offensive to the purposes underlying the FOIA and
13 intolerable as a matter of policy. Preferential treatment of persons or interest groups
14 fosters precisely the distrust of government that the FOIA was intended to obviate.”). As
15 a result, the document is not protected by Exemption 5 because it has already “seen the
16 light of day.” 8
The outcome of the environmental review and consultation process could result in the Corps
“impos[ing] restrictions on the operation of the dock or require other mitigating measures.” Ocean
20 Advocates, 402 F.3d at 871. BP’s interests in these eventualities are concrete and differ from those of the
public at large.
In light of the above conclusions, the Court need not decide whether the document is deliberative,
whether any harm will result to the deliberative process if the document is disclosed, or whether the
22 document can be segregated for partial disclosure.
ORDER - 14
Plaintiff’s Fourth Claim: Violations of the Administrative Procedure
In the event Plaintiff did not prevail on its claims under the FOIA, Plaintiff
brought a fourth claim under the Administrative Procedure Act (“APA”). Plaintiff has
already prevailed on its first claim that Defendant violated the FOIA by failing to resolve
Plaintiff’s administrative appeal within the time proscribed by the statute. 5 U.S.C.
§ 552(a)(6)(A)(ii). Because Plaintiff has an adequate remedy under the FOIA, the Court
lacks jurisdiction over Plaintiff’s alternative claim under the APA. See 5 U.S.C. § 704
(providing for judicial review of “final agency action for which there is no other adequate
remedy in a court”); Bowen v. Massachusetts, 487 U.S. 879, 903 (1988). This claim must
therefore be dismissed.
For the foregoing reasons, the Court ORDERS:
Plaintiff’s Motion for Summary Judgment, docket no. 18, is GRANTED in
part and DENIED in part as follows:
With respect to Claim 1, the Court finds that Defendant the U.S.
Army Corps of Engineers did not resolve Plaintiff’s FOIA Appeal within
the deadline set forth in the FOIA. 5 U.S.C. § 552(a)(6)(A)(ii). The Court
further finds that the Corps’ delay in resolving Plaintiff’s FOIA Appeal
warrants summary judgment and declaratory relief in Plaintiff’s favor on
ORDER - 15
Summary Judgment and Defendant is ORDERED to provide the March
2017 BE to Plaintiff within twenty (20) days of the date of this Order.
With respect to Claim 2, the Court GRANTS Plaintiff’s Motion for
Defendant’s Motion for Summary Judgment, docket no. 13, is GRANTED
5 in part. Claim 4 of the Complaint, docket no. 1, is DISMISSED. Defendant’s motion is
6 otherwise DENIED.
The Clerk is directed to enter judgment consistent with this Order, and to
8 send a copy of this Order to all counsel of record.
IT IS SO ORDERED.
Dated this 30th day of January, 2019.
Thomas S. Zilly
United States District Judge
ORDER - 16
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Will India get the taste of "Real Italian Job"?
Fiat owned Abarth recently launched a video teasing the limited edition tricolor pack Abarth 595. As we have heard, only 300 units will be available in three different colours: Officina Red, Gara White and Podium Blue. The limited edition Abarth 595s will sport Abarth side stripes and black ORVMs, 17 inch alloy wheels with titanium finishing, red brake calipers; while inside it will sport a steering wheel with tricolor Abarth emblem. These limited edition triclour pack Abarth 595s will get a range of stylish equipments. In India Fiat launched Abarth 595 Competizione hot hatchback last year, which was also showcased at the recently concluded 2016 New Delhi Auto Expo. Although it is unlikely that India will see any of these limited edition Abarth 595s.
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Fiat Avventura Crossover was introduced recently and it is the same Punto hatchback with some extra body claddings to beef up the whole styling. This particular Crossover was first showcased at the 2014 Auto expo and it attracted lot of attention.
So what was the Avventura Crossover?
The Fiat Avventura is based the same Punto hatchback but it was dressed like a SUV and it also came with an increased ground clearance, aggressive skid plates and also a functional roof rail on top of the roof.
Recently, Fiat decided to introduce the Abarth Brand in India and the first product which was launched was the Abarth Competizione. It is the sporty variant of the Fiat 500 powered by Abarth. Although this is a premium offering from Fiat and probably will attract only niche group of customers, the other car which I will talk about here is definitely within our reach. Fiat recently introduced the performance variant of their Punto hatch powered by Abarth while at the same time they also launched the Avventura Crossover powered by the same brand.
Now although both these cars share the same components along with the the same powertrain, both these cars have few minor differences as well. The Avventura Abarth is powered by the same 1.4 Litre T-Jet unit which is capable of producing an impressive amount of power and torque. With this engine under its hood the Avventura Abarth also has become the fastest Crossover of the Country.
Click past jump to read more about the 2015 Avventura Abarth here
Most of our readers and are well acquainted with the term ‘Hot hatch’ which is actually shortened version of hot hatchback. For those who don’t, these hatches is actually the more performance oriented variants of their regular body forms.
Honestly, I never thought that I will ever get a chance to write something about these cars sitting in India but thanks to Fiat we are able to get a taste of hot hatch now.
Recently Fiat launched the Abarth 595 Competizione here which is actually a performance oriented variant of the standard Fiat 500. Although this car may be way beyond reach of many because this is a premium offering from the Italian Auto manufacturer and is targeted mainly towards those customers who are actually finding an alternative for the Mini Cooper S.
But what about those customers who are running on a tight budget but wants to get a taste of a hot hatchback? To our surprise Fiat, acted as a savior for them too and decided to launch a performance oriented variant of their entry level hatch Punto Evo, which is actually a facelift variant of the Punto hatchback.
So is it just a sticker work and a new paint job or there is something more to it?
Thankfully it’s not, Abarth Punto Evo was showcased infront of the public at the Buddh International Circuit during the time of the Abarth 595 launch, it not only adorned the Abarth Scorpion badge but actually gets a more powerful 1.4 Litre T-Jet engine which also powers the Linea sedan. This new unit replaces the 1.4 Litre petrol unit which powers the standard car.
Does the 1.4 Litre T-Jet actually make any difference?
Offcourse! It does make a huge difference, the new engine generates about 143 Bhp of peak power under the hood which is almost 53 Bhp hike compared to the 90 Bhp that the 1.4 Litre unit produces under the hood of the standard hatchback.
Update19.10.15Fiat Chrysler launches Abarth Punto, India’s fastest superhot hatch
Click past jump to learn more about this exciting new Fiat Abarth Punto
These images clearly give us an idea of how the production version of the much anticipated first budget hot hatch of India will look like. According to the source the Abarth Punto will be launched on 19th of October and the bookings like we already have informed before had commenced. That’s right! You can book this soon to be launched hatchback by going to any nearby Fiat showroom and paying a token amount of INR. 50, 000.
The styling is what differentiates the Abarth Punto from the standard Punto hatchback. The Abarth Punto will be made available in two colors which includes Black and White. Both the cars gets contrast wing mirrors on its exterior along with an impressive looking and well finished 16 inch ‘Scorpion’ Alloy wheels. The exterior also gets racing stripes and body decals. To make the handling even better the ride height of this hot hatchback has also been lowered to 155 mm. The Fiat badges on the exterior have also been replaced with the Abarth badges.
Although these images do not give us a peek inside the cabin but we have heard that the Abarth Punto gets contrast stitching on the seats while the dashboard has been finished entirely in Black. The steering wheel also gets the Abarth badges while the door sills will most probably also get the same badge.
Fiat India started teasing their upcoming Abarth Punto hatchback on their website and also started bookings for the new hatch. Now the recent update is that Fiat India has also aired their new TV commercial which features both the Abarth Punto and the Avventura Crossover.
In this TV Commercial we can watch the entire Fiat lineup which includes the Fiat Linea sedan, Punto Evo hatchback along with Abarth Punto, Avventura Crossover which is based on their Punto hatchback and lastly their premium hot hatch offering the Abarth 595 Competizione. Now we are here to inform you are that the Fiat Abarth Punto will be their newest offering which is actually based on the standard Punto Evo hatchback. The Abarth Punto definitely will be India’s first affordable hot hatchback which will be powered by a 1.4 Litre liter T-Jet engine which will produce about 145 Bhp of peak power and an impressive 212 Nm of torque. The engine has been paired to a 5 speed manual gearbox, when it comes to performance the Abarth Punto surely impresses; this can sprint from 0-100 km/h sprint in just 8.8 seconds. Offcourse the Abarth Punto hatchback also gets some cosmetic treatments as well which includes Abarth stickers on its exterior and differently styled alloy wheels. Inside the cabin the Abarth Punto gets new upholstery and Abarth stickers on the steering wheel.
The new commercial also has a slogan ‘Crafted For Car Lovers’ which actually also indicates Fiat’s future plan in India and their new marketing strategy which actually is bringing and launching products which will appeal to every kind of people.
Nobody can deny the fact the Fiat Avventura Abarth and the Fiat Abarth Punto are the two most awaited hot hatch and Crossover of India at present. Now we all know that Fiat will be launching the Abarth Punto in the month of October here in India and the booking for this upcoming affordable hot hatch has already commenced in the country (Read the new here).
Recently Team Fiat Moto Club of Facebook has some leaked images of the Avventura Abarth which reveals its engine power details and performance figures. According to the leaked images the Abarth Avventura will produce about 140 Hp of peak power and an impressive 210 Nm of torque. All these power will be sourced from the 1.4 Liter T-Jet turbo engine. This particular engine will be paired to a 6 speed manual gearbox which will send all those power to the front wheels.
If you are still not impressed with the power figures and the engine details then you surely will be impressed with the performance figures. According to the report the Fiat Avventura Abarth Crossover will be able to sprint from 0-100 km/h mark in 9.9 seconds while it can do the standing kilometer in 32.8 seconds. Apart from the impressive performance figures this powerful and quick Crossover even promises to return an impressive fuel efficiency figure of 17.1 kmpl.
As far as the styling goes the exterior will look almost identical to the regular Avventura expect the Abarth powered Avventura will get Abarth stickers towards its side profile, 16 inch Scorpion sting designed alloy wheels and disc brakes on all the 4 wheels for the safety of the passengers inside.
Fiat has definitely planned something big for the Indian market and it is quite clearly evident from their recent actions and the launches. After introducing the 595 Competizione couple of months ago they will now be launching the Abarth powered Punto Evo as well as the Abarth Avventura soon in India. Now according to the recent reports, Fiat is also actually planning to introduce a high performance variant of their only midsize sedan Linea as well.
The Italian auto manufacturer is overwhelmed by the response they received from the Abarth Punto and thus decided to introduce one more car which will get this Abarth treatment to the lineup. As far as the reports suggest the Abarth Linea will get the same T-Jet Turbo unit producing 143 Bhp of peak power which actually powers the Abarth Punto Evo, but apart from the engine update the new Abarth Linea will likely also get some other mechanical upgrades as well.
The Abarth Linea will get rear disc brakes, stiffened suspension setup just like Abarth Punto received. While the ride height of the sedan will also be lowered by almost 20 mm, the other upgrades are still unknown yet but it will definitely get some exterior and interior styling upgrades as well which also include new Abarth badges.
The Linea has definitely not collected the sales numbers as Fiat would have expected, while its rivals are popular amongst the buyers the Linea struggled to keep up with its competition. Hopefully the Abarth badge will help the Linea to get some attention. We also expect it to be priced quite aggressively to get too once it is launched here in India.
A vintage car show is always about head turning beauty with an ambience of sheer elegance, enveloped by rich tradition and heritage. There are plenty of vintage car shows happening around the world every month, but if we talk about the top ranking shows, Pebble Beach Concours d’Elegance is surely at the top of list. This year the famous vintage car show celebrated its 65th anniversary with the same elegance, as always.
The head turner and winner of the ‘Best of the Show’ was a stunning 1924 Isotta Fraschini Tipo 8A Cabriolet. This was not the first time for the Italian company made 145 inch long car has garnered a medal, but earlier in 1933 won the Grand-Prix d’Honneur at Cannes, after being displayed at 1932 Geneva Auto Show and getting huge appreciation, as Mr. Jim Patterson of Louisville, Kentucky, the proud owner of the car was saying. Incidentally, ‘Best of the Show’ feat was not new for Mr. Patterson, as his 1933 Delahaye D8S De Villars Roadster won the same prize in 2010.
This year in the ‘Best of the Show’ category the 1924 Isotta Fraschini Tipo 8A Cabriolet had some tough and serious contender, such as a 1914 Rolls-Royce Silver Ghost Kellner Torpedo Phaeton, a 1937 Delahaye 145 Franay Cabriolet and a 1953 Abarth 1100 Sport Ghia Coupé, but at the end the accolade for winner was reserved for the massive shiny black Cabriolet.
Fiat introduced the high performance Abarth brand in India and the first product which was launched was the Abarth 595 Competizione. This is a high performance variant of the standard 2 door Fiat500 and is priced at around 29.85 Lakhs in India.
Now for those who loved this hatchback but backed out because of its steep pricing, won’t have to get disappointed because Fiat will also be launching the high performance variant of their existing Fiat Punto hatchback which will be priced much lower than the premium Fiat 595 Competizione.
To begin with let’s just say you might not be too impressed with the visual upgrades that it has received on its exterior as well as interior, but what it does get is a 1.4 Litre T-Jet engine under its hood which also powers the Linea sedan. Now here is the fun part the engine has been tuned to generate more power and torque, as a result of all that tuning, this engine will now produce about 145 Hp of peak power and 195 Nm of torque. That is an insane amount of power considering the size and weight of that hatchback. To do more justice to the engine this particular unit will be mated to a 5 speed manual gearbox, if driven with skills this hatchback will have the capability of sprinting from 0-100 km/h mark in under 10 seconds.
Coming to the exterior styling, well there isn’t much to really boast about, however it does get some cosmetic changes to differentiate it from the regular hatch. For instance, the Fiat Abarth Punto gets stylish 16 inch alloy wheels with the Scorpion logo on them; the front grille also gets contrast colors to them which makes it stand out amongst the crowd. Just like the 595 Competizione, the Abarth Punto too gets sporty decals towards the lower half of the side profile which also happens to be the signature styling of the Abarth brand. The last and the most surprising change is that the Abarth Punto does not get any Fiat badge anywhere on the outside as well inside the hatch, all the Fiat logo is actually replaced by the Abarth badges.
Abarth was founded by Carlo Abarth in Bologna, Italy on 31st March 1949. Carlo’s astrological sign, Scorpio was used for the company logo. Abarth started building sports cars like the 204 A and they successfully competed in various racing events.
In 1951, company moved its headquarters to Turin and in 1952, its association with Fiat began. Abarth produced the original 595 and it was based on the original Fiat 500. In 1971 Fiat completely took over Abarth and it became Fiat group’s racing department. In the 1980s, the Italian manufacturer used the Abarth name for performance cars.
On February 2007, Abarth was re-established as an independent unit as the Abarth & C. S.p.a. Currently, Abarth sells the 500 coupe, the 500 convertible, the 595coupe, the 595 covertible, the 695 and the Punto Evo. The Italian tuning company has 10 world records, 133 international records and more than 10,000 track victories to its name.
Fiat has now officially launched the Abarth brand in India and its first offering is the Abarth 595 Competizione which is being brought in as a CBU. It will later be followed by the Abarth Punto Evo.
We all knew that Fiat will be introducing the Abarth brand in India and as promised they did launched the first product under this brand today. Known as the Abarth 595 Competizione this is the high performance variant of the 500 Abarth hatchback which is being sold in the International market.
All of us are well aware of the fact that Fiat did introduced the Fiat500 back in 2008, it was actually powered by a 1.3 Litre, Multijet diesel engine, but it was not popular amongst the people so as a result the hatchback was withdrawn from the market. That is where the similarities ends, between the Fiat 500 and the Abarth 595 Competizione , the later is actually powered by a more powerful 1.4 Litre, T-Jet petrol unit which produces a healthy 160 Hp of peak power at 5500 rpm and 230 Nm of torque at 3000 rpm, the engine has been paired to a sequential five-speed automated gearbox, it also gets paddle shifters located just behind the steering wheel. Talk about performance and this mini two door hatchback can sprint from 0-100km/h mark in 7.4 seconds, while it has a top speed of 210 km/h.
When it comes to styling surely the 595 impresses everyone, this hot hatchback gets a new body kit which includes an impressive and stylish 17 inch alloy wheels, while towards the front it gets the iconic Abarth badge and towards the side profile we can also notice the Abarth graphics wrapping the lower half of the car. The rest of the exterior includes Graphite finish on the mirrors, door handles and also on the grille. Inside the cabin the 595 gets racing seats, while the steering too is different and gets the Abarth badge to it. The rest of the change to the interior cabin includes a fully digital instrument cluster as well.
So many words are spent, so many articles are written, and August is coming with a few most stunning gifts for the automobile enthusiasts in India.
Since the beginning of July, we were watching various cars coming to the Indian market fray with much hypes as well as high expectations too. A few days ago we saw premium hatchback Honda Jazz, compact SUV Hyundai Creta made quite a few large headlines around the automobile industry. We guess that trend is all set to roll for quite some time in coming few months, as there are many more automobile launches scheduled to take place in India.
As the August is all set to roll out from calendar, we are about to see a few interesting car launches in the form of Maruti Suzuki’s much discussed crossover S-Cross, high performance premium compact Fiat Abarth 595 Competizione, Ford Figo Aspire and of course the legendary Volkswagen Beetle in an all new super stylish avatar.
Here we would like to take a look at quick and short summary of the upcoming cars of August.
Fiat recently confirmed that they are working on a rival to the Mazda MX-5 roadster and it will be called the Fiat 124 Spider. Now they have also confirmed that for all Abarth fans, a high performance version of the 124 Spider is also being developed. Thus there will be two variants, a comfortable Fiat model and an extreme Abarth model.
The car could feature performance elements like carbon fibre splitter, sporty exhaust pipes, lowered suspension, Abarth alloy wheels and paint scheme. The car is expected to be powered by a detuned version of Alfa Romeo 4C’s 1.75 litre turbocharged engine and it will produce around 200 HP. The sports car is expected to weigh less than a tonne.
The Abarth version of the 124 Spider will compete against the Porsche Boxster. However, in the absence of a performance oriented Mazda MX-5, a direct rival will be absent. This should benefit the Italian company the drive up sales.
Abarth is all set to enter India next month with the 500 Competizione. Fiat should launch both the variants of the 124 Spider in India. As the Mazda MX-5 is not on sale here, there is no direct rival to the car.
There was a fair chance of the Italian auto manufacturer Fiat introducing the ‘Abarth’ which is a high performance brand in India and it seems like that the fair chance became a reality. According to the reports by Autocar India Fiat will launching the Abarth brand in August 2015 and they will be launching not one but three new products under the lineup.
The first car that will be launched from their stable is the Abarth 595, which is a more high performance variant of the standard Fiat 500. The 595 Abarth uses a pumped up version of the 1.4 Litre T-Jet turbo petrol motor which is also available with the Linea and this unit is capable of producing an impressive 158 Bhp of peak power which will actually make this car one of the most cutest and powerful hot hatches available in the Indian market today. This will be brought to the Indian market via the CBU route and thus expect the pricing too to be high. Expect the Abarth 595 to be priced at around INR. 27-30 Lakhs and which will also actually make it a direct competitor of the Mini Cooper.
The Abarth 595 comes with bigger wheels and also a stiffened suspension setup for better handling.


Colombia is facing extreme rainfall and natural disasters due to
climate change, deputy Environment Minister Claudia Mora warned Friday.
Although Colombia only produced 0.37 per cent of the greenhouse gases worldwide, it is going to be one of the Southern countries most affected by the climate change, the Ministry of the Environment announced.
Floods, droughts and epidemics of dengue and malaria for example will be the results of the climate change.
According to estimations, the Caribbean coast faces flooding of 4900 square kilometers and the Pacific coast 6400 square kilometers. 50 per cent of Colombia’s glaciers have already melted in the last 50 years.
“The climate change is an irreversible fact and we have to adapt to it” Mora said.
At the end of the year there will be a meeting in Copenhagen to negotiate a new global agreement on the climate change. Colombia’s authorities will call on the industrialized countries to help saving the rain forest and the biodiversity.


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The Week in Pictures: Sept. 22 - 29
Congressman makes a triumphant return, wedding bells ring after Mexico quake, surfing dogs hit the waves, and more.
A man rides his bicycle through a damaged road in Toa Alta, Puerto Rico, on Sept. 24, 2017. Hurricane Maria tore up Puerto Rico a week ago, killing at least 16 people and leaving nearly all 3.4 million people on the island without power and most without water.
House Republican Whip Steve Scalise reacts to cheers as he returned to Capitol Hill on Sept. 27 for the first time after being shot in June at a congressional baseball team practice in Alexandria, Virginia.
Flames rise after a powerful explosion at an ammunition depot at a military base in Kalynivka, Ukraine, early on Sept. 27. A huge fire in central Ukraine set off a series of explosions and prompted an evacuation of thousands of people. The prime minister hinted it was possible sabotage by Ukraine's enemies.
A schnauzer who survived the earthquake is pulled out of the rubble of a collapsed building by rescuers in Mexico City on Sept. 24. The dog's rescue gave hope to residents and neighbors of the building who successfully got an injunction from a judge Saturday night requiring the rescue operation continue for at least five more days.
Aremy Sanchez Flores walks with her husband Jose Padilla after getting married in an empty lot outside a church that collapsed after an earthquake in Atzala, Mexico on Sept. 23. Twelve people died during a baptism at the church on Sept. 19 where the couple was scheduled to get married. Flores said she was very sad, but that it is time to move forward.
A Balinese man watches the Mount Agung volcano almost covered with clouds as he stands at a temple in Karangasem, Bali, Indonesia on Sept. 26. A week after authorities put Bali's volcano on high alert, tremors that indicate an eruption is coming show no sign of abating, swelling the exodus from the region to at least 140,000 people.
A worker removes paper rolls after filling them with gunpowder mixture to make firecrackers at a factory on the outskirts of Ahmedabad, India on Sept. 27.
Skyscrapers pierce clouds during heavy fog in Dubai, United Arab Emirates on Sept. 27.
Hugh Hefner fans gather at the gate of the Playboy Mansion in Los Angeles on Sept. 27. Hefner, who built Playboy into a multimillion-dollar adult magazine and entertainment empire tied to a Lothario lifestyle of lavish parties and beautiful women, died Wednesday at his home, the iconic Playboy Mansion in Hollywood. He was 91.
Ugandan opposition lawmakers fight with plain-clothes security in parliament in Kampala, Uganda on Sept. 27 as they protest a proposed change to the constitution to let long-ruling President Yoweri Museveni run for re-election after age 75.
Surfer dog Derby wipes out in his heat during the annual Surf City Surf Dog event at Huntington Beach, California on Sept. 23.
A woman walks on a road covered in debris from Hurricane Maria in Frederiksted, St. Croix, U.S. Virgin Islands on Sept. 26.
Chicago Cubs shortstop Addison Russell dives into the crowd but is unable to catch a foul ball hit by St. Louis Cardinals' Jedd Gyorko during the second inning of a baseball game on Sept. 25, in St. Louis.
After diving into the stands chasing a foul ball down the third-base line and spilling a man's tray of chips, Russell emerged from the dugout a few innings later with a plate of nachos and delivered it to the fan. Russell stopped to take a selfie before heading back to play shortstop.
Brooke Fiddes, 5, and her brother Carter Fiddes, 9, both from Charlotte, N.C., laugh as Marine One departs the White House with President Donald Trump as he heads to New York on Sept. 26.
A man stands in a flooded street in the aftermath of Hurricane Maria in San Juan, Puerto Rico on Sept. 25.
An albino Rohingya refugee poses for a picture in Cox's Bazar, Bangladesh on Sept. 27.
Veronica Aguilar Naranjo embraces her 11-year-old daughter Veronica Villanueva as they watch rescuers search for survivors in a collapsed building on Sept. 22, after an earthquake struck Mexico City.
Aguilar was in a supermarket when the quake struck and rushed home to her daughter. At first, she stayed home, but then concluded she had to do something. She took her daughter to a collapsed office building to help, and show the girl the importance of helping however possible in the face of tragedy.
"The first days (after the quake) I didn't leave my house because of fear. But I decided to leave so that my daughter could see what is happening, to make her aware. So that she sees when you can help, you should," Aguilar said. "Among Mexicans, there is a lot of love. When something bad happens, we know that everyone chips in."
Former Congressman Anthony Weiner enters the federal court for his sentencing hearing in a sexting scandal on Sept. 25 in New York. Weiner was sentenced Monday to 21 months in prison for sexting with a 15-year-old girl in a case that rocked Hillary Clinton's campaign for the White House in the closing days of the race and may have cost her the presidency.
People gather under heavy rain around the bodies of Rohingya refugees after their boat with passengers fleeing from Myanmar capsized off Inani beach near Cox's Bazar, Bangladesh on Sept. 28.
The U.N. migration agency said that more than 60 people are either confirmed dead or missing and presumed dead following the shipwreck.
A woman carries a sick Rohingya refugee child through a camp in Cox's Bazar, Bangladesh on Sept. 28.
Birds rest on power lines at dusk on Sept. 24, in Kansas City, Kansas.
Irma Maldanado stands with her parrot Sussury and her dog in what is left of her home on Sept. 27 after it was destroyed by Hurricane Maria in Corozal, Puerto Rico.
Northern lights (or Aurora borealis) are visible on Norway's Unstad's bay in the Arctic Circle on Sept. 22.
Month in Space Pictures: Cassini's Finale And An Astronaut Returns
An ostrich reacts inside an enclosure at a farm near the town of Chekhov, Russia on Sept. 23.

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These free form stars in several sizes give a fun feel to any patriotic or holiday themed card or scrapbook page.
This 2" X 9" Long sheet of stickers is made in the USA from the highest quality materials. They feature intricately detailed, original design by Fran Seiford. Class A'Peel Stickers are durable and fade resistant when applied evenly to a clean dry surface. Precise application is made easier with the use of a craft knife. Press stickers into place.

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Hyundai’s all-electric concept car, unveiled at the Frankfurt Motor Show on Tuesday, is a retro-futuristic stunner that harkens back to the automaker’s first foray into mass-produced vehicles over four decades ago.
There’s a distinct late-‘70s / early-‘80s vibe at work here, which is by design. “Inspired by looking back at the brand’s first model in the 1970s, the『45』fully-electric concept car will act as a symbolic milestone for Hyundai’s future EV design,” Hyundai said in its press material.
“a symbolic milestone for Hyundai’s future EV design”
For what it’s worth, those weird brackets around “45” are Hyundai’s addition, not mine. The South Korean automaker says the name and the brackets are partly a reference to the 45-degree angles at the front and rear, “forming a diamond-shaped silhouette that further foreshadows the design direction of future EV models.” But they’re also a reference to Hyundai’s origins 45 years ago.
My first thought looking at the body shape and taillights was “DeLorean DMC-12.” But a more direct analog is the 1974 Pony Coupe, Hyundai’s first mass-produced car and first export. The automaker is clearly trying to make a statement about its history and how that will gel with its intended future.
There are all sorts of futuristic accents on the 45 that aren’t immediately obvious to the naked eye. At the bottom of the driver’s side door, “a special garnish” of lights lets you know how much range you have left before you need to recharge the battery. The car uses cameras instead of side-view mirrors, and the interior is dominated by a dashboard-length screen that Hyundai claims can be controlled via “projection beam interface” that “replaces a single central touchscreen with a series of displays and functions integrated into the dashboard itself.”
There are all sorts of futuristic accents on the 45
The interior also points to a possibly autonomous future. The generous width and flooring are meant to mimic a living room. The production version won’t be autonomous, Hyundai said, but it wanted to preserve the opportunity to transform the 45 into a self-driving car if need be.
Depending on if it ultimately goes into product, the 45 could be an interesting follow-up to Hyundai’s first production EV, the Kona SUV, which hit dealerships in 2018. The automaker is also working on a prototype electric supercar using technology provided by Croatian firm Rimac.


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But a representative of the measure's main advocacy organization admits to frustration over the number of Colorado hospitals — dozens of them — that are making it more difficult for potentially qualifying individuals to access the procedure.
"The people this harms are the ones who voted overwhelmingly for it, saying that they want this option," argues Holly Armstrong, spokeswoman and consultant for Compassion & Choices. "It forces people either to go to other places or to get a different doctor. It creates barriers."
Armstrong feels that reports saying hospitals have "opted out" of participation are inaccurate. "There's really not an opt-out in the same way there is in other states with this kind of law," Armstrong emphasizes. "In some states, there's actually an opt-out clause, where facilities can say, 'We're not going to participate, and our doctors aren't going to participate. They're not allowed to do this.' But in Colorado, the law is written differently. It says hospitals cannot prevent their doctors from prescribing. A facility can say, 'You can't prescribe if the patient intends to take it on the premises,' but they can't prevent it in other places."
Physicians and pharmacists are not obligated to prescribe or dispense the medication. If a health care provider is unable or unwilling to carry out an eligible individual's request for the medication and the individual transfers to a new provider, the initial provider is required to coordinate the transfer of medical records to the new provider. A health care facility may prohibit a physician employed or under contract with the facility from prescribing medication to an individual who intends to use the medication on the facility's premises. The facility must provide advance written notice of its policy to the physician and its patients. A health care facility may not discipline a physician, nurse, pharmacist, or other person for actions taken in good faith or for refusing to participate in any way.Thus far, three major hospital systems, which encompass thirty Colorado hospitals, have made announcements about non-participation with medical aid in dying. The first two — Centura Health, whose hospitals include St. Anthony in Denver, and SCL Health, which oversees Good Samaritan in Lafayette, among other facilities — are associated with Catholic organizations. Given that the Catholic church in Colorado was a major funder opposing Proposition 106, this stance is "no surprise," Armstrong admits. But she stresses that the law requires hospitals to produce a written policy about medical aid in dying, and she doesn't feel Centura and SCL have done so properly. Instead, both have issued general statements on the topic.
This is Centura's take....
Centura Health has a long tradition of believing in the sanctity of life, extending compassionate care and relieving suffering. These fundamental values are reflected in the depth and breadth of support and comfort services we offer, including palliative care, hospice care, spiritual care services and mental health services, so patients and their families may live with dignity until the patient’s time of death. As permitted by the statute, Centura Health has opted out of participating in the Colorado End-of-Life Options Act....and this is the SCL release:
In November 2016, Colorado voters passed the Colorado End-of-Life Options Act, which allows qualifying terminally ill adults to obtain a lethal dose of medication to voluntarily end their lives. Under the Act, healthcare providers, including SCL Health, are not required to assist qualified patients in ending their lives, and providers are required to establish policies supporting their positions.
SCL Health is committed to providing the best possible care for patients approaching the end-of-life, or actively dying, which includes curative and comfort care. We provide palliative and hospice care, and strive to mitigate suffering and address the fear of pain and loss of control that patients may experience.
We believe we can provide compassionate care and comfort to our patients so they can live with dignity until the time of natural death, and we have therefore opted out of participation.
SCL Health caregivers will continue to provide other requested end-of-life and palliative care services to patients and families, and they may discuss the range of available treatment options to ensure patients are making informed decisions with respect to their care.
Any of our patients wishing to request medical aid-in-dying medication will be offered an opportunity to transfer to another facility of the patient’s choice.
Other hospital systems are reportedly allowing participation — among them University of Colorado hospital, which has five facilities, and Kaiser Permanente, which Armstrong calls "far and away the largest HMO in Colorado, covering 456,792 people." And she is hopeful that more of the 109 hospitals in the state won't be frightened away from the process simply because it's new and unfamiliar.
"My understanding is that what's happening here is similar to what's happened in other states as the law was first implemented," she says. "There's a learning curve associated with any new law, and especially ones with a lot of nuance in them. And this law is very personal, very detailed, very private. That's why Compassion & Choices is working on an education and implementation campaign, to help doctors understand this measure. And you can't do that all at once."
She adds that "Compassion & Choices isn't releasing a list of doctors" that are open to the process — "and they've been asked. And they aren't releasing a list of patient names who are looking to access the law, either. This is a private situation for families, one that's deeply personal. So it's a process to make sure people are educated and informed."
website have assembled resources for doctors and pharmacists, as well as patients. Moreover, the organization is planning a series of webinars in February to pass along even more info intended to combat what she calls "fear tactics thrown out by the opposition" both during and after the election. For example, she says, "there was the implication of doctor-shopping, and we've not seen that in other states."
Meanwhile, Armstrong encourages people "to talk to their doctors now — talk to them before this becomes an issue. And educate yourself about the law. Because this isn't an overnight issue, where the law goes into effect and suddenly everyone is up to speed. We want to make sure people have really accurate and timely information about what's happening now."
And which hospitals are putting up roadblocks.

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After Vijay Mallya, Law Finally Catches Up With Nirav Modi, The Fugitive Scamster Could Be Arrested In UK Anytime
After a year since he along with his accomplices fled India, the law has finally caught up with Nirav Modi who has been living in London since the fled India last year to evade arrest in the multi-crore Punjab National Bank (PNB) scam.
ANI quoting Enforcement Directorate sources reported that an arrest warrant has been issued against him by a Westminister court on the agency's request.
Reports suggest that the arrest warrant was issued a few days ago and the fugitive jeweler could be arrested any time soon.
As far as his extradition to India is concerned, Modi will be first arrested by the London Metropolitan Police, following which he will be granted bail on the condition that he cannot leave the UK.
Till now there are no indications of Modi challenging the arrest warrant on the extradition request.
The former celebrity diamond trader who had been elusive for nearly a year since he feld India was finally tracked down by a British journalist earlier this month in London.
The man who is accused of swindling off Rs 13,000 crore from PNB was caught on camera outside his three-bedroom £8 million apartments occupying half a floor within the luxury skyscraper called Centre Point off Tottenham Court Road, where rent is understood to be £17,000 a month.
When he was confronted by the journalist, Modi was wearing an ostrich hide jacket which is estimated to be worth over Rs 9 lakhs.
The newspaper also reported that Modi has resumed his diamond business under a new name.
According to The Times of India, Modi's new business is called Diamond Holdings and has an office in Soho.
Following the media reports of him living in London, External Affairs Ministry spokesperson Ravish Kumar had stated that the Indian authorities were aware of his presence in the UK and the extradition request was pending with the UK Foreign Secretary.


text: A private beach and free breakfast are just some of the great things you'll find at Fredensborgs Herrgård, an excellent solution for guests looking for family-friendly Vimmerby hotels that are on a lake. This 3-star Vimmerby hotel offers a garden. Make the most of your trip to Sweden by taking some time to relax as you will find a spa tub and a sauna on site. Outfitted with a bar/lounge, you'll find the perfect place to have a drink. Additional leisure facilities include an arcade/game room. On-site winter fun includes ice skating. Multilingual staff can provide tour/ticket assistance. The lobby features a fireplace, safe and TV. Reception is open during limited hours only. Free Wi-Fi is provided so you can check your in-box whenever you like. The hotel has a meeting room available for hire. Other amenities include concierge services, laundry facilities and a computer station.

domain: travel


text:
Educational Videos and Use of Tools in Mathematics Remedial Instruction
Permanent address of the item is
Opetusvideot ja oppimistyökalujen käyttö matematiikkajumpassa
The increasing workforce demand in the field of technology has forced universities to increase their student intake. However, for all students, their starting skill level is not high enough for university studies, which has increased drop-out rates. At Tampere University of Technology, a Remedial Instruction has been developed to improve students' skills in mathematics. This thesis is a part of teaching development research at the TUT Department of Mathematics. It is based on the students starting their studies in fall 2015 on the courses Engineering Mathematics 1 and Mathematics 1. In the beginning of the fall, these students took the Basic Skills Test in mathematics, and those that did poorly were directed to the Remedial Instruction. In this thesis, the Remedial Instruction was developed further by studying students' use of tools and adding educational videos. Pedagogical framework was derived from works of Mayer, Gagn\'e and Bloom. The Remedial Instruction was deployed using Math-Bridge, and for the first time, educational videos on different mathematics topics were added using the Echo360 platform. The use of these videos were measured both empirically as well as with a questionaire about the instruction. In addition, the students' Basic Skills Tests, learner profiles and exam grades in (Engineering) Mathematics 1 were collected. This data was used to study how the Remedial Instruction should be developed in the future. The results of this thesis include a framework for educational videos which can be used by teachers to apply videos to their teaching. As an example, the videos created for the Remedial Instruction are presented. Students' use of tools was analyzed and it shows that educational videos are an enriching addition to remedial mathematics, and that the Remedial Instruction is an effective tool in helping students learn mathematics. Analyzing the different learning profiles together with their use of tools and success in studies, new information was gained from the different learner profiles. Based on this, ideas for Remedial Instruction development are also presented.

domain: library


text:
Zac Efron is showing off his ripped abs during some vacation time!
The 31-year-old actor went shirtless while hitting the beach with younger brother Dylan on Thursday afternoon (January 11) in Cabo San Lucas, Mexico.
PHOTOS: Check out the latest pics of Zac Efron
The brothers were joined by some friends as they rode jet skis around the water and later tried out slacklining on the sand.
The group caught the whole thing on camera as they as they were seen filming on GoPro cameras throughout the afternoon.
The following day, Zac tried out beach side golfing and took to his Instagram to share the video.
“FOORREE!!” Zac captioned the vid.
Check it out below…
View this post on Instagram
A post shared by Zac Efron (@zacefron) on
15+ pictures inside of Zac Efron shirtless on the beach…
Source: Read Full Article


text:
- Jul 10, 2022
My wife just bought me a Weber Master Touch 22" for my birthday. I am putting it together tonight. I have a OK Joe stick burner and a nice gas grill so this rounds out my out door kitchen plans. Doing some of our homegrown lamb steaks for dinner tomorrow. So excited!

domain: food


text:
I had a BenRiach tasting pack bought for me containing, Heart of Speyside, 12, 16 and 20 year olds. Unfortunately by the time I opened it and found that they were all in fact Heart of Speyside (it was a Christmas order so we can let them off I suppose), it was too late to send them back.
Batch No.: N/A
Nose: Sweet, subtle spicy
Taste: Light, smooth, sweet, subtle spicy
Finish: Short length for flavour but warm for long time and sweet
No age statement on this one, being their entry level whisky, so I was pleasantly surprised when trying it. It is very light and refreshing, nice summer dram. Nothing complex about it but for the price (around £25 at time of writing) it is an enjoyable drink, possibly a little too sweet for me, but by no means distasteful or difficult to drink.

domain: hobby


Amber fossil links earliest grasses, dinosaurs and fungus used to produce LSD
A perfectly preserved amber fossil from Myanmar has been found that provides evidence of the earliest grass specimen ever discovered - about 100 million years old - and even then it was topped by a fungus ...
Fossil ankles indicate Earth's earliest primates lived in trees
Earth's earliest primates have taken a step up in the world, now that researchers have gotten a good look at their ankles.
Researchers use X-ray video of guineafowl walking through poppy seeds to create a 3-D model of how tracks get made
Goofy dinosaur blends Barney and Jar Jar Binks (w/ Video)
Nearly 50 years ago, scientists found bones of two large, powerful dinosaur arms in Mongolia and figured they had discovered a fearsome critter with killer claws.
Shark-munching Spinosaurus was first-known water dinosaur
There once was a dinosaur, bigger than a T. rex, that swam with the sharks—and ate them for dinner.
Preserved tracks in Alaska park suggest duck-billed dinosaurs lived in Arctic year-round
Not too fast, not too slow: Researchers untangle energetics of extinct dinosaurs
(Phys.org) —Dinosaurs dominated the landscape for more than 100 million years, but all that remains today are bones. This has made it difficult to solve a long-standing and contentious puzzle: were dinosaurs ...
The incredible shrinking dinosaur
Dinosaurs still roam the Earth - only now, according to researchers at the University of Oxford, they rule the air. At least, according this landmark study, their miniaturized forms do.
Fossils of 'largest' dinosaur found in Argentina (Update)
Paleontologists in Argentina's remote Patagonia region have discovered fossils of what may be the largest dinosaur ever, amid a vast cache of fossils that could shed light on prehistoric life.
Shrinking helped dinosaurs and birds to keep evolving
A study that has 'weighed' hundreds of dinosaurs suggests that shrinking their bodies may have helped the group that became birds to continue exploiting new ecological niches throughout their evolution, and ...
A 'chicken from hell' dinosaur: Large feathered dinosaur species discovered in North America
Scientists from Carnegie and Smithsonian museums and the University of Utah today unveiled the discovery, naming and description of a sharp-clawed, 500-pound, bird-like dinosaur that roamed the Dakotas with ...
Dinosaur-killing impact acidified oceans: study
The space rock that smashed into Earth 65 million years ago, famously wiping out the dinosaurs, unleashed acid rain that turned the ocean surface into a witches' brew, researchers said Sunday.
Pompeii-style volcano gave China its dinosaur trove
A treasure trove of fossilised dinosaurs and other long-extinct species in northeastern China was created, Pompeii-style, by an erupting volcano, scientists said Tuesday.
Colossal new predatory dino terrorized early tyrannosaurs
A new species of carnivorous dinosaur – one of the three largest ever discovered in North America – lived alongside and competed with small-bodied tyrannosaurs 98 million years ago. This newly discovered ...


text:
David Park is often referred to as a writer’s writer, a purveyor of thoughtful, atmospheric fiction that is mature in observation, structure, pace, character – all the good things that bring a book to life. To date, he has written nine novels and two collections of short stories, which have won him, among other accolades, the Kerry Group Irish Novel of the Year, Authors’ Club First Novel Award, the Bass Ireland Arts Award for Literature, the Ewart-Biggs Memorial Prize and the American Ireland Fund Literary Award. Despite this impressive list, Park is perhaps less well known than he should be among readers today, as sometimes happens with writer’s writers. His contemporary, Bernard MacLaverty, is another who comes to mind.
Park’s new novel, Spies in Canaan, on the face of it looks like an attempt to change that, with the title conjuring up a spy thriller, a move into that perennially popular genre. But the spies in Park’s novel aren’t in some cold war setting, they’re not even in Canaan. Instead the backdrop is the final few months of the Vietnam war, as seen through the lens of an American bureaucrat, Michael, who 40 years later is still reckoning with the sins of the past. What follows is a gripping, poignant story of loss and betrayal, of youthful ignorance and a lifetime’s worth of regret, of the unreliability of memory when recounting the violence of war, set against the vital importance of having such testimony recorded for the ages.
As with another great chronicler of war in fiction, Graham Greene, Park favours outsiders and underdogs as narrators, literal anti-heroes that are assigned to desk jobs, filing away the victories and losses, the atrocities and atonements, then burning those files when ordered. Michael, in his early 20s, is “a clerk with security clearance” in humid, chaotic Saigon. He takes his orders from the macho Donovan, learns not to ask questions, and so finds himself in “my customary role of listener”, which is to say, well placed to act as a witness to a misguided war and the damage done to the people left behind.
The structure of Spies in Canaan is classically comforting. The retrospective narrative in Vietnam, which accounts for two-thirds of the book, unfolds as a consequence of the present day storyline in contemporary America. A busy opening establishes Michael’s current circumstances – widowed, wealthy, a retired diplomat who lives on the east coast but still has influence in Washington – before the story settles into Vietnam. There is a profound emotional awareness that gets us extraordinarily close to Michael’s character, and to his predicament of being a tool of the US government: “That age-old get-out clause-what I did was for the greater good.”
The details feel brilliantly real, such as the inner circle of the Langley Boys; “those endless acronyms with which the war effort was littered”; the “ghost soldiers – a lucrative scam where military commanders added names of non-existent soldiers to their lists and creamed off their wages”; the coffees on Tu Do Street; and the city’s seedy nightlife, where “girls hustle with the learned and obscene language of the street”.
The psychological insights are equally astute. Donovan is the kind of man with “the power to make you feel negatively about yourself, about whatever he supposed your momentary inadequacy was”. Michael is also attuned to his own failings, particularly as a storyteller, the fallibility of his memory, “the redactions we all make on the pages of our past”.
Truth and propaganda
Storytelling as life force runs through this book. Michael’s attempt to honestly recount events is contrasted with the propaganda his friend Corley must write for the folks back home. It’s the story of America saving the Vietnamese people, versus the reality of mass graves in villages, or the desperation Michael witnesses once the evacuation is under way: “All the time beseeching hands pulled at my clothes and people tried to shove letters in front of me, supposedly evidence that they had worked for us in some capacity.”
A virtuosic set-piece describing a tornado in the American prairies works as a bridge from past to present times. If the final third of the book slightly overdoes the explaining of Michael’s new mission, we are more than on board by this stage of the narrative, hoping that this likeable, genuine character will succeed. The present day storyline gives new layers of meaning to the book’s themes of war and ownership, “how easy it is to lie when you want the lie to be true”. By the end of this fine novel, the biblical reference in the title is all too clear: “Twelve spies went to spy in Canaan; ten were bad, two were good. But who can ever say inside the churning maelstrom of history and memory’s distortions which we really were?”


DECCA Elite Cycling Shirt is something special. We’ve worked hard to make sure it offers sleek looks, first-rate comfort and a great fit all in one package. Special attention has been paid to every little detail. With its wider form, clever technical fabric and excellent ventilation design our short-sleeved jersey isn’t just a looker – it’s 100% ready to perform too.
- Your own distinctive design and quality details
- Breathable material keeps your skin dry at all times
- Three rear pockets for easy storage
- Body fabric: 100% Polyester
- Sleeve fabric: 100% Polyester
- Side panels and back inserts: 100% Polyester
The Elite Cycling Shirt has a wider race fit.


text:
Profile: Hans Op de Beeck
Hans Op de Beeck studied Fine Arts at St Lukas College in Brussels and enrolled in the post-graduate program at the Higher National Institute for Fine Arts. Later he worked in the patronage of the Rijksakademie in Amsterdam for two years.
Op de Beeck won the prestigious prize for Young Belgium Artist and took part at the renowned PS1 project in New York in 2003.
He became known instantly with a model he created during his time at the Rijksakademie: a crossroads with traffic lights at night. This work is typical in its dealing with one of his recurrent themes, that of alienation in modern life and the superficiality, monotony and miscommunication that accompanies it. The situations that Op de Beeck highlights emote atmospheres of deep desolation en emptiness. A couple having a drink at a café, without uttering a word to each other or even glancing at one another. A long line of bored till workers sitting twiddling their thumbs in a deserted supermarket; not one customer is to be seen. Desolate ruin landscapes reminding one of human activity, although it seems that these people must have died off a long time ago. This is modern life as Op de Beeck presents it: a sinister no man´s land, where there barely seems to be a place for people. The artist is not interested in moralizing or even making a value judgment: “I see such situations as absurd bits of information. As an artist you are able to present them. It is a human inability to grasp the sense of life, but it is possible to, in certain ways, touch upon it.”
His spatial works, videos and photos of many different scenes of everyday life are all decontextualisations. His representations rip scenes from their original context so that their reason for existence becomes instantly disputable. His videos for example are fragments of everyday life, that have been enlarged to such an extent that an alienating image emerges. The same goes for his life size models. It is just these uninteresting spaces, such as an unremarkable housing estate, or an empty cross roads with traffic lights at night that he rebuilds in every exquisite boring detail. However by omitting certain small elements his representations gain a bizarre character.
Op de Beeck is very subtle and also somewhat romantic. It is not just the high degree of care he takes in carrying out his work, but also his focus on small, often unconscious actions: a look, a silence, a gesture, a symbol etcetera that, apart from alienating, also evoke something quite enchanting. The recognition and the compassion, or even the memories these representations conjure up in the viewer, strike very close to the bone. His inspiration comes often from personal experience: such a ´Determination 1´ of the boy that stares back at you from the back seat of a car, or ´Determination 4´, the rushing family that never gets anywhere.
From January to March 2004, GEM housed the first solo exhibition of this Flemish Artist in the Netherlands. He received international acclaim for his unique works in diverse media such as video, drawing, photography, sculpture and installation. Aside from a brief synopsis of his oeuvre, Op de Beeck presented a large new installation he created specifically for GEM. With the help of two assistants and fifteen students from the King´s Academy of Fine Arts he build his largest installation to date. In an area of 11 by 21 metres, Op de Beeck built a Flemish style motorway restaurant in monochrome tints that could be accessed by the viewer.. When taking place in the restaurant, there expands from the other side of the restaurant window, a night time motorway scene, with the road seemingly stretching out over an infinitely long distance, finally disappearing into the horizon. In turn this installation becomes the backdrop for a number of new video pieces. This installation was designed and completed in three months under supervision of the artists in a hanger in Scheveningen.


text:
Ongoing: PARTY INTO THE NIGHT
Night Tales is a lot of things at once. It’s a place for DJ sets (previous events have seen Rudimental, Disclosure and Gorgon City take to the decks) with a focus on dance music, but with brilliant pop-up bars and food stalls joining the line-up too. Now, after residencies across London, it’s got a permanent home in Hackney. Two railway arches under Hackney Central railway station have been transformed into outdoor and covered areas, a night club, a cocktail bar specialising in mezcal, a beer and prosecco shack, in-house Japanese grill Fat Baby and pizza joint Sons of Slice. Plus, there’s an eight-metre waterfall. Because why not?
Address: Night Tales, 14 Bohemia Place, Mare Street, London E8 1DU
Price: Free entry
Ongoing: SEE AS YOU LIKE IT AT SHAKESPEARE’S GLOBE
There will always be a Shakespeare play on in London. Most of the time, it will probably cost quite a bit. But when entry is just a fiver (for standing tickets in the yard), it’s worth going to see the tales of the Bard in one of the ultimate settings: The Globe. As You Like It, for those who failed their Shakespeare module, sees Rosalind, the daughter of a duke who has been banished from court, disguise herself as a boy to fix the matter herself. You’ll feel all the more cultured for it. Afterwards, rest weary legs from standing for two and a half hours at one of nearby Borough’s best places for supper.
Address: Shakespeare’s Globe, 21 New Globe Walk, London SE1 9DT
Price: From £5
When: Until Sunday 26 August 2018
ONGOING: SEE IAN MCKELLEN IN (POSSIBLY) HIS FINAL SHAKESPEARE ROLE
This is the second time Ian McKellen has played King Lear on stage – and the actor himself has suggested it might be his last big Shakespeare role. Book tickets, then, for his turn at the Duke of York Theatre (it is, coincidentally, where he made his West End debut more than 50 years ago) – he’s taking on director Jonathan Munby’s vision of the elderly king who slowly loses his mind. Reviews rave about McKellen’s performance, and although the play is long, do make the effort to see it in this incarnation.
Address: Duke of York’s Theatre, St Martin's Lane, London WC2N 4BG
When: Thursday 9 – Friday 25 August 2018

domain: entertainment


2000 Rolls Royce Silver Seraph V12 from North America
Absolutely nothing! If the car is maintained, it will run forever!
I absolutely love my Silver Seraph! This is the newest in RR innovation, and they certainly haven't spared any expense on it. The car has all the "classic" Rolls features to it, but with the modernized look. This car has a back end similar to a Lincoln Continental, which is one of my only complaints about the car. My only other complaint is that the nearest dealership is about an hour and a half away.
The seats are the most comfortable I have ever sat in. The V-12 engine give the car an enormous amount of get-up and go, especially for a car this size. The amount that I saved by buying a gently driven car as opposed to a new one could be used to buy a new Lexus!
Would you buy another car from this manufacturer? Yes
Review Date: 31st August, 2002
1st Jul 2003, 15:35
Nissan Maxima to a Rolls Royce Silver Seraph. Talk about an upgrade.
19th Jan 2005, 17:50
8/10 for service costs! Pretty impressive if you're comparing to your former Nissan!
17th Jul 2009, 17:42
Maybe the 8/10 doesn't come from the pure dollar amount of a repair and instead the value of it. Like a $3,000 repair for a Rolls is nothing, but if it was for a Focus or something I probably have a big issue and consider getting rid of it.
And if you have the cash to own a Rolls, then the maintenance portion is probably not even an issue. 1% of 25,000 is 250 while 1% of 2,500,000 is $25,000. As most of us know that $250 in repairs for your average car is expected and could get a 10/10 for that. And even for a Rolls. not many repairs will go over $25,000 a trip.


text:
Edge of Day Calendar 2022
This year we’re really excited to announce we’ve expanded our range of our calendars. Previously our main series was “Inside Japan”. For 2022 we have Inside Japan, Inside Aviation, Inside Travel, and a new project theme “Edge of Day”.
Calendars are printed, prepared, and and shipped from the United States, and distributed world wide. Allow 5 to 21 days for delivery, depending on your location.
Cover: Irago Island
Jan: Himakajima Island, Japan
Feb: Hastings, Australia
Mar: Brighton, Melbourne, Australia
Apr: Kilcunda, Australia
May: Kilcunda, Australia
Jun: Point Lonsdale, Australia
Jul: Irago Island, Japan
Aug: Twelve Apostles, Australia
Sep: Irago Lighthouse, Australia
Oct: Flinders, Australia
Nov: Himakajima Island, Japan
Dec: Hastings, Australia
Back cover: Utsumi, Japan
DETAILS: 22 pages, o-wire, colour print, US Letter Landscape (11 x 8.5 in / 279 x 216 mm). Published 10th Sept 2021. International holidays included in English.
IMAGES: Colours and tones of the actual product may vary from web images.
SOCIAL RESPONSIBILITY: Since May 2018 we provide support to various environmental organisations, and we have a commitment to have a carbon neutral business and a sustainable future. Your support will help with our social responsibilities.
DELIVERY: This item is a print-on-demand product fulfilled by our authorised international partner. Shipping is usually from the US, Australia, Latvia, or other hub close to you. Items are available for international delivery. Production is typically completed in 2 to 5 days, and delivery is with in 3 to 7 days to most US locations, and typically within 21 days to most other global locations.
AUD$50 = USD$36
AUD$1 = USD$0.735821 as of 13th Oct 2021

domain: geography


text:
- MFG # 81006
- UPC # 609492810069
Vitamin B12 (Methylcobalamin) is a member of the B-complex of vitamins‚ normally needed in only small amounts. Vitamin B12 is a general term used to define a group of essential biological compounds known as “cobalamins”. The cobalamins are structurally related to hemoglobin in the blood and a deficiency of vitamin B12 can produce an anemic state in the body.
The most common form of vitamin B12 is “cyanocobalamin”. While cyanocobalamin works well to prevent anemia‚ it is the “methylcobalamin” form that is required to protect against neurological disease and aging. Folic acid‚ along with vitamin B12‚ is required for the synthesis of DNA‚ the principal genetic material in the body. Being a water-soluble vitamin‚ folic acid helps the body form red blood cells and aids in the formation of genetic material within every cell. Scientific evidence suggests that adequate folic acid may reduce a woman's risk of having a child with a brain or spinal cord birth defect‚ making it an important nutritional supplement for women who are or intend to become pregnant. MRM now offers B12 in “quick to dissolve” lozenges.
1) Promotes Healthy Brain Cells.
2) Supports Healthy Nervous Tissue.
3) "Quick to Dissolve" Lozenges.
These statements have not been evaluated by the Food and Drug Administration (FDA). These products are not meant to diagnose‚ treat or cure any disease or medical condition. Please consult your doctor before starting any exercise or nutritional supplement program or before using these or any product during pregnancy or if you have a serious medical condition.
Serving Size: 1 Vegan Lozenge
Serving per Container: 60
Amount per Serving/% DV*
Vitamin B12 (as Methylcobalamin) 2‚000 mcg/33‚333%
Folic Acid 400 mcg/100%
*Percent Daily Values are based on a 2‚000 calorie diet.
Other Ingredients: Sucrose‚ Sorbitol‚ Maltodextrin‚ Orange Flavor‚ Croscarellose‚ Sodium‚ Magnesium Stearate and Citric Acid.
Contains no dairy‚ egg‚ peanut‚ tree nut‚ fish‚ shellfish‚ soy‚ wheat‚ gluten or yeast.
Dissolve 1 lozenge under tongue daily with a meal or as directed by your qualified healthcare provider.
Consult a healthcare professional before use.
Allergy / Dietary Needs
- Dairy Free
- Egg Free
- Peanut Free
- Tree Nuts Free
- Fish Free
- Shellfish Free
- Soy Free
- Gluten Free
- Wheat Free
- Yeast Free
Ratings & ReviewsReview This Item
Overall Rating for Vitamin B-12 (Methylcobalamin 2000 mcg) 60 Sublingual Lozenges
Displaying reviews 1-1 of 1
Sublinguial beats tablet.
Fast dissolving no unpleasant taste.
√ I would recommend this item to a friend.
Displaying reviews 1-1 of 1
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domain: biology


Re: A proposal to enhance RISC-V HPM (Hardware Performance Monitor)
Hi. Comments below.
On Mon, Jul 20, 2020 at 7:39 PM alankao <alankao@...> wrote:
- Is Active (bit) any different from the inhibit register, functionally speaking?
At this surface it isn't, but in practice it is or wants to be for the following reasons:
- One wants the 'Active' state to be with all the other state of a counter so that it can all be context switched together by a hypervisor, as needed, when context switching a VM. Having it (and all the other state bits) in mhpmevent means that they are context-switched "for free" when hpmcounter and mhpmevent are saved/restored. Also, mixing all the 'Active' bits together in a common CSR (like mcountinhibit) complicates context-switching a subset of counters (since one has to explicitly insert and extract the relevant bits from that CSR).
- New/extra OpenSBI calls would be needed to support reading/writing such state that is in other places besides mhpmevent.
- When one brings into the picture setting and clearing the Active bit in response to hardware events (e.g. overflow by another counter or firing of a debug trigger in the Trigger Module), that can't be the current mcountinhibit bits (without changing the definition of that CSR). In general, one can allow both hardware and software to control the activation and deactivation of active counting by a counter by setting/clearing one common bit that represents the 'active' state of the counter (and in a place that is naturally context-switched along with the rest of the counter state). (Also, to be clear, this proposal isn't trying to standardize hardware control of Active bits, but it does provide a simple standardized basis for someone wanting to add in their own hardware counter control.)
- mcountinhibit is an M-mode-only CSR. Any support for lower modes to directly enable/disable counting would require another/new CSR.
- Assume that we are making this HPM as an extension (maybe Zmhpm, Zshpm?). How is it possible that no extra registers are needed together with H Extention? At least we need the counteren.
The mcounteren, scounteren, and hcounteren CSR's already exist (between the base Privileged spec and the current H-extension draft). Nothing additional is needed for this counter extension.


text: Vertebrates control intracellular iron concentration principally through the interaction of iron regulatory proteins with mRNAs that contain an iron responsive element, a small hairpin with a bulged C. The hairpin loop and bulged C have previously been assumed to be critical for binding and have been proposed to make direct contact with the iron regulatory proteins. However, we show here that a U or G can be substituted for the bulged C provided that specific nucleotides are also present within internal loops. The Kd, IC50 and chemical modifications of the iron responsive element variants are similar to the wild-type. Results are more consistent with a role in which the C-bulge functions to orient the hairpin for optimal protein binding rather than to directly contact the protein. Characterization of these novel iron responsive element variants may facilitate the identification of additional mRNAs whose expression is controlled by iron regulatory proteins, as well as provide insight into the nature of a critical RNA-protein interaction.

domain: chemistry