A summary of the new IFR (Interim Final Rule) issued by the Pipeline & Hazardous Materials Safety Administration (PHMSA) granting the Secretary of the Dept. of Transportation broad new powers to bypass laws and regulations and make fiat decisions if he/she believes the public is in danger with respect to a pipeline.
IFR (Interim Final Rule) issued by the Pipeline & Hazardous Materials Safety Administration (PHMSA) granting the Secretary of the Dept. of Transportation broad new powers to bypass laws and regulations and make fiat decisions if he/she believes the public is in danger with respect to a pipeline.
Enforcement changes under Queensland’s vegetation clearing lawsDeveloping InSight
This Developing InSight deals with the enhanced compliance and enforcement measures under the Vegetation Management and Other Legislation Amendment Bill 2018 (VMOLA Bill).
IFR (Interim Final Rule) issued by the Pipeline & Hazardous Materials Safety Administration (PHMSA) granting the Secretary of the Dept. of Transportation broad new powers to bypass laws and regulations and make fiat decisions if he/she believes the public is in danger with respect to a pipeline.
Enforcement changes under Queensland’s vegetation clearing lawsDeveloping InSight
This Developing InSight deals with the enhanced compliance and enforcement measures under the Vegetation Management and Other Legislation Amendment Bill 2018 (VMOLA Bill).
5 Important Supreme Court Judgments on Indian Evidence Act, 1872Jharna Jagtiani
The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.
The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Until then, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different people depending on caste, religious faith and social position. The Indian Evidence Act introduced a standard set of law applicable to all Indians.
The law is mainly based upon the firm work by Sir James Fitzjames Stephen, who could be called the founding father of this comprehensive piece of legislation.
The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1 September 1872. At that time, India was a part of the British Empire. Over a period of more than 125 years since its enactment, the Indian Evidence Act has basically retained its original form except certain amendments from time to time.
Amendments:
The Criminal Law Amendment Act, 2005
This Act is divided into three parts and there are 11 chapters in total under this Act.
> Part 1: deals with relevancy of the facts. There are two chapters under this part: the first chapter is a preliminary chapter which introduces to the Evidence Act and the second chapter specifically deals with the relevancy of the facts.
> Part 2: consists of chapters from 3 to 6. Chapter 3 deals with facts which need not be proved, chapter 4 deals with oral evidence, chapter 5 deals with documentary evidence and chapter 6 deals with circumstances when documentary evidence has been given preference over the oral evidence.
> Part 3: consists of chapter 7 to chapter 11. Chapter 7 talks about the burden of proof. Chapter 8 talks about estoppel, chapter 9 talks about witnesses, chapter 10 talks about examination of witnesses, and last chapter which is chapter 11 talks about improper admission and rejection of evidence.
Source: Wikipedia
Sytemic Report "Abuse of Powers by the Law Enforcement Authorities in their R...Iaroslav GREGIRCHAK
The Report concentrates on a taxonomy of abuses at the part of law enforcers based on the practice of the Business Ombudsman Council Ukraine. Each
abusive practice have been addressed by (i) describing the nature of the respective abuse
(being illustrated by the reference to the actual cases we faced in our practical work), and by (ii)
elaborating the set of specific recommendations aimed at minimizing occurrence of each such
abuse in the future.
Fraud in government-funded programs can occur anywhere – – Medicare fraud, defense contracting fraud, GSA Schedules and other types of government contracting fraud. When an individual sues on behalf of the United States to recover fraudulently obtained funds, this is known as qui tam whistleblower litigation.
PennEast Pipeline responded to September comments made by the New Jersey Division of the Rate Counsel (NJDRC) that attempted to make an argument against the pipeline project. PennEast responded with an independent report written by Concentric Energy Advisors, rippping to shreds the arguments put forward by NJDRC. This is the NJDRC's lame response to being humiliated by PennEast.
5 Important Supreme Court Judgments on Indian Evidence Act, 1872Jharna Jagtiani
The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.
The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Until then, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different people depending on caste, religious faith and social position. The Indian Evidence Act introduced a standard set of law applicable to all Indians.
The law is mainly based upon the firm work by Sir James Fitzjames Stephen, who could be called the founding father of this comprehensive piece of legislation.
The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1 September 1872. At that time, India was a part of the British Empire. Over a period of more than 125 years since its enactment, the Indian Evidence Act has basically retained its original form except certain amendments from time to time.
Amendments:
The Criminal Law Amendment Act, 2005
This Act is divided into three parts and there are 11 chapters in total under this Act.
> Part 1: deals with relevancy of the facts. There are two chapters under this part: the first chapter is a preliminary chapter which introduces to the Evidence Act and the second chapter specifically deals with the relevancy of the facts.
> Part 2: consists of chapters from 3 to 6. Chapter 3 deals with facts which need not be proved, chapter 4 deals with oral evidence, chapter 5 deals with documentary evidence and chapter 6 deals with circumstances when documentary evidence has been given preference over the oral evidence.
> Part 3: consists of chapter 7 to chapter 11. Chapter 7 talks about the burden of proof. Chapter 8 talks about estoppel, chapter 9 talks about witnesses, chapter 10 talks about examination of witnesses, and last chapter which is chapter 11 talks about improper admission and rejection of evidence.
Source: Wikipedia
Sytemic Report "Abuse of Powers by the Law Enforcement Authorities in their R...Iaroslav GREGIRCHAK
The Report concentrates on a taxonomy of abuses at the part of law enforcers based on the practice of the Business Ombudsman Council Ukraine. Each
abusive practice have been addressed by (i) describing the nature of the respective abuse
(being illustrated by the reference to the actual cases we faced in our practical work), and by (ii)
elaborating the set of specific recommendations aimed at minimizing occurrence of each such
abuse in the future.
Fraud in government-funded programs can occur anywhere – – Medicare fraud, defense contracting fraud, GSA Schedules and other types of government contracting fraud. When an individual sues on behalf of the United States to recover fraudulently obtained funds, this is known as qui tam whistleblower litigation.
PennEast Pipeline responded to September comments made by the New Jersey Division of the Rate Counsel (NJDRC) that attempted to make an argument against the pipeline project. PennEast responded with an independent report written by Concentric Energy Advisors, rippping to shreds the arguments put forward by NJDRC. This is the NJDRC's lame response to being humiliated by PennEast.
A poll commissioned by the American Petroleum Institute on election day, Nov. 8, 2016, to ask voters what role energy played in their vote decision-making. The poll found that energy was a very important issue and played a huge role in putting Donald Trump in the White House.
FERC Order Denying Rehearing Requested by NY AG Schneiderman re Constitution ...Marcellus Drilling News
New York Attorney General Eric Scheiderman requested the Federal Energy Regulatory Commission rehear and investigate the matter of tree clearing in NY along the proposed path of the Constitution Pipeline (still not built). Schneiderman alleged the Constitution should have prevented landowners from clearing trees on their own property ahead of the pipeline's approval by Lord Cuomo. FERC told Schneiderman to get lost--no rehearing of the matter.
Natural gas report covering data received up through August 2016. The monthly report highlights activities, events, and analyses of interest to public and private sector organizations associated with the natural gas industry.
Decision by NH PUC to Deny Request by Eversource Energy to Strike a Long-Term...Marcellus Drilling News
A decision by the New Hampshire Public Utility Commission disallowing a long-term contract between utility company Eversource Energy and Spectra Energy's Access Northeast natural gas pipeline to supply natural gas to New England. The contract would put Eversource's electric rate payers on the hook for some of the cost of the pipeline--as they are the ones who will get lower electric costs as a result of the gas flowing through the pipeline. The PUC put that deal to an end.
The monthly Short-Term Energy Outlook (STEO) from the U.S. Energy Information Administration for December 2016. This issue makes a couple of key points re natural gas: (1) EIA predicts that natural gas production in the U.S. for 2016 will see a healthy decline over 2015 levels--1.3 billion cubic feet per day (Bcf/d) less in 2016. That's the first annual production decline since 2005! (2) The EIA predicts the average price for natural gas at the benchmark Henry Hub will climb from $2.49/Mcf (thousand cubic feet) in 2016 to a whopping $3.27/Mcf in 2017. Why the jump? Growing domestic natural gas consumption, along with higher pipeline exports to Mexico and liquefied natural gas exports.
A list of the companies nominated to receive an award in recognition for excellence during 2016. The awards are issued at a gala event in March in Pittsburgh.
EPA: Control Techniques Guidelines for the Oil and Natural Gas IndustryMarcellus Drilling News
New ozone "guidelines" for oil and natural gas systems, to supposedly reduce smog-forming emissions in large population centers. The new guidelines are not, the EPA says, required regulations (yet), but only "recommendations for state and local air agencies to consider as they determine what emissions limits to apply to covered sources in their jurisdictions."
Report: Analysis of Act 13 Spending by Pennsylvania Municipalities and CountiesMarcellus Drilling News
A pair of University of Pittsburgh at Bradford professors received a grant to study the question of whether or not local towns and municipalities that receive Act 13 impact fee revenue are using that revenue for the purposes they were meant to use it. The study found that yeah, towns are using the money wisely, what they are supposed to be using it for. But the study also found it's difficult to trace every penny, so the prof recommend better reporting guidelines be used when doling out the money in future.
The monthly tabulation and prediction from the U.S. Energy Information Administration on production and activity in the largest 7 U.S. shale plays. All 7 shale plays will experience a decrease in natural gas production from the previous month due to low commodity prices.
Sixth Circuit Court of Appeals Decision in Harper v Muskingum Watershed Conse...Marcellus Drilling News
Anti-drilling landowners (backed by Food & Water Watch) claimed the Muskingum Watershed Conservancy District had violated the deed to the land it owns by leasing that land for Utica Shale drilling. The Sixth Circuit dismissed the case. The anti-drillers lost.
Decision in a case appealed by the family of a rig worker who died in an accident drilling a well for Atlas Energy in Greene County, PA in 2007. The court found that Atlas is immune from any claims of negligence because the man killed worked for a subcontractor who was hired to drill the well. That is, if there was negligence, that negligence is on the part of the man's employer, not Atlas.
WV Supreme Court Decision Disallowing Survey Access for Mountain Valley PipelineMarcellus Drilling News
A West Virginia Supreme Court decision in Mountain Valley Pipeline v. Brian and Doris McCurdy. Mountain Valley needs survey access in order to scope out a route for the pipeline. Some landowners are resisting survey access and don't want the pipeline built across their land. Mountain Valley claimed eminent domain powers in order to conduct surveys. The high court has disagreed, leaving the project in a lurch. They must complete the route survey in order to get the project approved by the Federal Energy Regulatory Commission.
Chamber of Commerce report that asks and answers the important question: What would happen if the hydraulic fracturing for oil and gas was banned in the U.S.? According to research it would lead to the loss of 15 million jobs and an average increase in the price of electricity and gas doubling.
The Ohio Supreme Court was asked to decide whether Ohio follows the "at the well" rule, which permits the deduction of post-production costs from landowner royalty checks, or if the state follows the "marketable product" rule, which limits the deduction of post-production costs under certain circumstances. The court ruled saying in so many words, "We're not deciding." In other words, each royalty case should be litigated individually, case-by-case, in a trial court.
The Equity Research - North America operation of Deutsche Bank attended the Platts 9th Annual Appalachian Oil & Gas Conference in Pittsburgh earlier this week. This is the writeup/takeaways from the event.
US Court of Appeals for the Third Circuit - Pollock v Energy Corporation of A...Marcellus Drilling News
On Monday, October 24, 2016, the Third Circuit Court of Appeals found that ECA did not meet its burden of proving its need for a new trial in the case involving a $1.1 million judgment to landowners. The landowners sued ECA in federal court in 2010, alleging they did not receive their proper amount of royalties under their leases because allegedly improper post-production costs were deducted. The District Court jury awarded $1.1 million in damages. ECA appealed the verdict to the Third Circuit.
New rules for hydraulic fracturing from the Maryland Dept. of Environment. The rules are supposedly the strictest in the nation. A quick review shows that with features like a 2,000 foot setback from private water wells, there will be very little, if any, fracking in Maryland.
NGSA's Outlook for Natural Gas Supply and Demand for 2016-2017 WinterMarcellus Drilling News
A report compiled by Energy Ventures Analysis, Inc. for the Natural Gas Supply Association predicting that winter 2016-2017 will be colder and snowier than last year, creating more demand for natural gas and ultimately driving the price of natgas higher.
Par JULIEN G. - Vendredi 12 novembre, dans une décision nationale, la Cour d’Appel fédérale du 5e circuit de la Nouvelle Orléans, a ordonné l’interruption de l’obligation vaccinale, imposée par l’administration Biden, dans le secteur privé. C’est un nouveau revers de taille pour Joe Biden, dont le seul recours possible est maintenant la Cour Suprême des États-Unis (SCOTUS)
CASE ANALYSIS 1
1. Chris Rock v. Larry the Cable Guy
The main issue in this case is whether Larry the Cable Guy should be granted the appeal on the default ruling considering his argument that he was not properly notified.
This is a motion to vacate default judgement. Rule 60(b) (1) provides grounds for relief from a final judgement stating that a judge might relieve a party from a final judgement order based on “… mistake, inadvertence, surprise or excusable neglect.”
Where default judgement is made against a defendant, there are provisions within the law that allow them to seek to vacate or set aside the decision. Rule 60 provides grounds for Relief from a judgement or order. The grounds that the petitioner makes his case are that there was a contravention of Rule 4 as it provides for in the procedure for summons notification in order to reverse the default judgement against him that was based on Rule 55 (a) as (c) states that “…(c) The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).”
A similar ruling was made in the case of Kirtland v. Fort Morgan Auth. Sewer Serv., Inc. The court threw out the motion to set aside the request the default judgment based on Rule 55(c) which gave it the discretion to “set aside an entry of default at any time before judgment”. As such, all other provisions withstanding, it was still the court’s discretion to allow or disallow the application as guided by the premise of the law.
As Larry had constantly received but ignored notifications of the summons, and he was well aware that in breaching the contract he stood culpable and therefore liable for legal action, his appeal should be declined and the default judgement declined. In arriving at this decision, it is important to consider that all summonses had been done in line with Rule 4 and Larry knew about them and chose to avoid them. This disqualifies him from being able to use the Rule 60 (b) (1) provision as he had no excusable neglect and there were no clerical errors. A consideration of Rule 59 (e) which provides that "A motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment" should also be made.
The default judgment should be affirmed and the appeal thrown out.
2. W.R. Reeves v. Central of Georgia Railway Company
The main issue in this case is whether admission of testimony by Reeves by the judge in light of the provisions of the Federal Employers Liability Act contributes to a reversible error.
This is a liability for negligence case whose main focus is on the possibility of legal error. The Federal Employers Liability Act provides substantial grounds for a railroader worker to be compensated should there be injuries while on the job. The Central of Georgia Railway Company had a vicarious liability to compensate Reeves.
The Federal Employers Liability Act was mainly designed to offer compensation for some of ...
Financial Discovery in Commercial LitigationDiane Kilcoyne
Discovery of financial information, including electronically stored information, can form key evidence in many litigation cases. Learn how several recent changes to the Federal Rules of Civil Procedure may impact discovery
Federal EEO Complaint Process Increased Accountability Measures NeededTanya Ward Jordan
The Coalition For Change, Inc. (C4C)'s presentation to the U.S. Equal Employment Opportunity Commission capturing eight (8) accountability measures for improving Federal EEO complaint process and thereby improving federal workforce wellness.
Due to the rapid spread of the novel coronavirus disease (COVID-19), India was forced to suspend most of its economic activities, considerably impacted the economy. Given that, suspension of economic activities may trigger debt defaults, the Government attempted to provide various reliefs to business.
The proliferation of whistleblower retaliation and reward laws has created a complex maze of claims and remedies. This panel of plaintiff attorneys will examine issues that frequently arise in whistleblower cases including:
Identifying whistleblower rewards claims and formulating a strategy to maximize damages
Litigating non-intervened FCA cases
The scope of protected conduct under the False Claims Act, the Sarbanes-Oxley Act and the Dodd-Frank Act
Preserving retaliation claims while pursuing reward claims
Trends in jury verdicts in federal and state whistleblower litigation and practice tips for litigating and trying whistleblower retaliation claims
Key procedural distinctions between SOX, FCA and Dodd-Frank whistleblower protection
Presentation on key issues in tax law for employment cases including employment discrimination cases and other common termination scenarios. Prepared by Robert B. Fitzpatrick of Robert B. Fitzpatrick, PLLC for use in Current Developments in Employment Law, an annual CLE program, in July of 2016.
Quarterly legislative action update: Marcellus and Utica shale region (4Q16)Marcellus Drilling News
A quarterly update from the legal beagles at global law firm Norton Rose Fulbright. A quarterly legislative action update for the second quarter of 2016 looking at previously laws acted upon, and new laws introduced, affecting the oil and gas industry in Pennsylvania, Ohio and West Virginia.
An update from Spectra Energy on their proposed $3 billion project to connect four existing pipeline systems to flow more Marcellus/Utica gas to New England. In short, Spectra has put the project on pause until mid-2017 while it attempts to get new customers signed.
A letter from Rover Pipeline to the Federal Energy Regulatory Commission requesting the agency issue the final certificate that will allow Rover to begin tree-clearing and construction of the 511-mile pipeline through Pennsylvania, West Virginia, Ohio and Michigan. If the certificate is delayed beyond the end of 2016, it will delay the project an extra year due to tree-clearing restrictions (to accommodate federally-protected bats).
DOE Order Granting Elba Island LNG Right to Export to Non-FTA CountriesMarcellus Drilling News
An order issued by the U.S. Dept. of Energy that allows the Elba Island LNG export facility to export LNG to countries with no free trade agreement with the U.S. Countries like Japan and India have no FTA with our country (i.e. friendly countries)--so this is good news indeed. Although the facility would have operated by sending LNG to FTA countries, this order opens the market much wider.
A study released in December 2016 by the London School of Economics, titled "On the Comparative Advantage of U.S. Manufacturing: Evidence from the Shale Gas Revolution." While America has enough shale gas to export plenty of it, exporting it is not as economic as exporting oil due to the elaborate processes to liquefy and regassify natural gas--therefore a lot of the gas stays right here at home, making the U.S. one of (if not the) cheapest places on the planet to establish manufacturing plants, especially for manufacturers that use natural gas and NGLs (natural gas liquids). Therefore, manufacturing, especially in the petrochemical sector, is ramping back up in the U.S. For every two jobs created by fracking, another one job is created in the manufacturing sector.
Letter From 24 States Asking Trump & Congress to Withdraw the Unlawful Clean ...Marcellus Drilling News
A letter from the attorneys general from 24 of the states opposed to the Obama Clean Power Plan to President-Elect Trump, RINO Senate Majority Leader Mitch McConnel and RINO House Speaker Paul Ryan. The letter asks Trump to dump the CPP on Day One when he takes office, and asks Congress to adopt legislation to prevent the EPA from such an egregious overreach ever again.
Report: New U.S. Power Costs: by County, with Environmental ExternalitiesMarcellus Drilling News
Natural gas and wind are the lowest-cost technology options for new electricity generation across much of the U.S. when cost, public health impacts and environmental effects are considered. So says this new research paper released by The University of Texas at Austin. Researchers assessed multiple generation technologies including coal, natural gas, solar, wind and nuclear. Their findings are depicted in a series of maps illustrating the cost of each generation technology on a county-by-county basis throughout the U.S.
Annual report issued by the U.S. Energy Information Administration showing oil and natural gas proved reserves, in this case for 2015. These reports are issued almost a year after the period for which they report. This report shows proved reserves for natural gas dropped by 64.5 trillion cubic feet (Tcf), or 16.6%. U.S. crude oil and lease condensate proved reserves also decreased--from 39.9 billion barrels to 35.2 billion barrels (down 11.8%) in 2015. Proved reserves are calculated on a number of factors, including price.
Velocys is the manufacturer of gas-to-liquids (GTL) plants that convert natural gas (a hyrdocarbon) into other hydrocarbons, like diesel fuel, gasoline, and even waxes. This PowerPoint presentation lays out the Velocys plan to get the company growing. GTL plants have not (so far) taken off in the U.S. Velocys hopes to change that. They specialize in small GTL plants.
PA DEP Revised Permit for Natural Gas Compression Stations, Processing Plants...Marcellus Drilling News
In January 2016, Gov. Wolf announced the DEP would revise its current general permit (GP-5) to update the permitting requirements for sources at natural gas compression, processing, and transmission facilities. This is the revised GP-5.
PA DEP Permit for Unconventional NatGas Well Site Operations and Remote Piggi...Marcellus Drilling News
In January 2016, PA Gov. Wolf announced the Dept. of Environmental Protection would develop a general permit for sources at new or modified unconventional well sites and remote pigging stations (GP-5A). This is the proposed permit.
Onerous new regulations for the Pennsylvania Marcellus Shale industry proposed by the state Dept. of Environmental Protection. The new regs will, according to the DEP, help PA reduce so-called fugitive methane emissions and some types of air pollution (VOCs). This is liberal Gov. Tom Wolf's way of addressing mythical man-made global warming.
A sort of "year in review" for the gas industry in the northeast. If you could boil it all down, the word that appears prominently throughout is "delay" with respect to important natgas pipeline projects. From the Constitution, which should have already been built by now, to smaller projects, delays were the prominent trend for 2016.
The Pennsylvania Public Utility Commission responded to each point raised in a draft copy of the PA Auditor General's audit of how Act 13 impact fee money, raised from Marcellus Shale drillers, gets spent by local municipalities. The PUC says it's not their job to monitor how the money gets spent, only in how much is raised and distributed.
Pennsylvania Public Utility Commission Act 13/Impact Fees Audit by PA Auditor...Marcellus Drilling News
A biased look at how 60% of impact fees raised from PA's shale drilling are spent, by the anti-drilling PA Auditor General. He chose to ignore an audit of 40% of the impact fees, which go to Harrisburg and disappear into the black hole of Harrisburg spending. The Auditor General claims, without basis in fact, that up to 24% of the funds are spent on items not allowed under the Act 13 law.
The final report from the Pennsylvania Dept. of Environmental Protection that finds, after several years of testing, no elevated levels of radiation from acid mine drainage coming from the Clyde Mine, flowing into Ten Mile Creek. Radical anti-drillers tried to smear the Marcellus industry with false claims of illegal wastewater dumping into the mine, with further claims of elevated radiation levels in the creek. After years of testing, the DEP found those allegations to be false.
FERC Order Denying Stay of Kinder Morgan's Broad Run Expansion ProjectMarcellus Drilling News
Several anti-drillers filed an appeal of the Federal Energy Regulatory Commission's Certificate for the Kinder Morgan Broad Run Expansion Project, asking for a stay claiming a removal of 40 acres of forest for a compressor station would irreparably harm Mom Earth. FERC has ruled against the stay and told the antis Mom Earth will be just fine.
Final Environmental Impact Statement for NEXUS Gas Transmission ProjectMarcellus Drilling News
The Final Environmental Impact Statement (FEIS) for the NEXUS Pipeline project, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. FERC gave the project a thumbs up, which clears the way for a Certificate to be issued in early 2017.
Schedule 13D - Stone Energy Corporation - Largest Shareholder Opposes Bankrup...Marcellus Drilling News
Stone Energy's largest investor, Thomas Satterfield, owns 9.9% of the company's stock. He doesn't want to see that stock turned into toilet paper by handing the keys over to debtholders under the current bankruptcy plan. He filed this report with the SEC opposing Stone's existing plan.
01062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
‘वोटर्स विल मस्ट प्रीवेल’ (मतदाताओं को जीतना होगा) अभियान द्वारा जारी हेल्पलाइन नंबर, 4 जून को सुबह 7 बजे से दोपहर 12 बजे तक मतगणना प्रक्रिया में कहीं भी किसी भी तरह के उल्लंघन की रिपोर्ट करने के लिए खुला रहेगा।
31052024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
हम आग्रह करते हैं कि जो भी सत्ता में आए, वह संविधान का पालन करे, उसकी रक्षा करे और उसे बनाए रखे।" प्रस्ताव में कुल तीन प्रमुख हस्तक्षेप और उनके तंत्र भी प्रस्तुत किए गए। पहला हस्तक्षेप स्वतंत्र मीडिया को प्रोत्साहित करके, वास्तविकता पर आधारित काउंटर नैरेटिव का निर्माण करके और सत्तारूढ़ सरकार द्वारा नियोजित मनोवैज्ञानिक हेरफेर की रणनीति का मुकाबला करके लोगों द्वारा निर्धारित कथा को बनाए रखना और उस पर कार्यकरना था।
03062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
role of women and girls in various terror groupssadiakorobi2
Women have three distinct types of involvement: direct involvement in terrorist acts; enabling of others to commit such acts; and facilitating the disengagement of others from violent or extremist groups.
In a May 9, 2024 paper, Juri Opitz from the University of Zurich, along with Shira Wein and Nathan Schneider form Georgetown University, discussed the importance of linguistic expertise in natural language processing (NLP) in an era dominated by large language models (LLMs).
The authors explained that while machine translation (MT) previously relied heavily on linguists, the landscape has shifted. “Linguistics is no longer front and center in the way we build NLP systems,” they said. With the emergence of LLMs, which can generate fluent text without the need for specialized modules to handle grammar or semantic coherence, the need for linguistic expertise in NLP is being questioned.
Do Linguistics Still Matter in the Age of Large Language Models.pptx
Pipeline Safety Alert: PHMSA Releases Emergency Order Interim Final Rule
1. PIPELINE SAFETY ALERT
Volume 1 • Issue 6 • October 2016
Continued...
PHMSA Releases Emergency Order Interim
Final Rule
On October 4, the Pipeline & Hazardous Materials Safety Administration (PHMSA)
issued a pre-publication Interim Final Rule (IFR) implementing the new emergency
order authority that PHMSA received in the PIPES Act of 2016. The IFR will
become effective on the date of its publication in the Federal Register, which is
expected within days. PHMSA has provided a 60-day public comment period.
Federal agencies may issue IFRs without providing prior notice and comment under
the good cause exception in the Administrative Procedure Act. The courts have
emphasized that the good cause exception is to be narrowly construed, and that the
existence of a statutory deadline does not, in and of itself, constitute good cause
unless a delay would threaten real harm. PHMSA’s justification for issuing the IFR is
that the PIPES Act contains a 60-day deadline for establishing temporary emergency
order regulations, making compliance with the notice and comment requirements in
the APA impracticable and not in the public interest.
As required by the PIPES Act, the IFR contains administrative procedures that
PHMSA must follow in determining if an imminent hazard exists, the factors that
must be considered by PHMSA before issuing an emergency order, and the content
of those orders, including a description of the persons subject to the restrictions,
prohibitions, or safety measures and the standards and procedures for obtaining
relief. The IFR also creates a process for administrative review of an emergency
order that is largely patterned on the statutory text in 49 U.S.C. § 60117(o), including
the referenced procedural rules for HazMat emergency orders in 49 C.F.R. § 109.19.
The process allows for the filing of a petition for review seeking a formal hearing
beforeanAdministrativeLawJudge(ALJ),oraninformalhearingbeforetheAssociate
Administrator. In either scenario, the Associate Administrator is authorized to issue a
final decision on PHMSA’s behalf, and that decision must be issued within 30 days of
receiving a petition or the emergency order automatically expires. The Administrator
is allowed to extend the terms of an emergency order if the 30-day deadline is
not met by determining, in writing, that the imminent hazard still exists. Expedited
judicial review of an emergency order can be sought in federal district court.
Babst Calland’s pipeline safety team has reviewed the IFR and has the following
preliminary observations.
1. The IFR provides the Associate Administrator with the authority to deny a
request for a formal hearing and decide the matter without the participation of
an ALJ if a petition for review fails to identify “material facts” that are in dispute.
What is a material fact in the context of an emergency order? What about purely
legal questions? Should a petitioner who seeks a formal hearing be denied that
right based solely on a determination by the Associate Administrator?
CONTACT
JAMES CURRY
JCurry@babstcalland.com
202.853.3461
KEITH J. COYLE
KCoyle@babstcalland.com
202.853.3460
BRIANNE K. KURDOCK
BKurdock@babstcalland.com
202.853.3462
805 15th Street NW
Suite 601
Washington, DC 20005
202.853.3455
BABSTCALLAND.COM
2. PIPELINE SAFETY ALERT
2. One of the predicate findings for an emergency order is the existence of a violation. Would PHMSA need
to find that a violation exists in the context of a specific enforcement proceeding before using that as the
basis for issuing an emergency order? If not, what effect could a finding of violation in an emergency
order have in a subsequent judicial or administrative proceedings?
3. Under the IFR, the Administrator would issue emergency orders in the first instance and the Associate
Administrator would have interim and final decision making authority on a petition for review. Does this
raise separation of function concerns?
4. PHMSA states that the IFR satisfies the good cause exception to the notice-and-comment requirements
in the APA. Did Congress intend that result by including the 60-day deadline for issuing temporary
regulations in the PIPES Act? What harm would result from allowing stakeholders to comment on the
IFR before the temporary regulations become effective?
5. Would the terms of an emergency order apply to intrastate pipelines subject to safety regulation by a state
regulator? If so, would that raise federalism issues?
6. Would the emergency order authority apply to pipelines and substances currently exempt from PHMSA’s
regulations?
For more information on the potential implications of the Interim Final Rule, please contact James Curry
at 202.853.3461 or jcurry@babstcalland.com, Keith Coyle at 202.853.3460 or kcoyle@babstcalland.com,
or Brianne Kurdock at 202.853.3462 or bkurdock@babstcalland.com.
Copyright 2016 • Babst, Calland, Clements and Zomnir, P.C. • 805 15th Street NW, Suite 601, Washington, DC 20005 • 202.853.3455 • Pipeline Safety Alert is privately distributed by
Babst, Calland, Clements and Zomnir, P.C., for the general information of its clients, friends and readers. It is not designed to be, nor should it be considered or used as, the sole source of
analyzing and resolving legal problems. If you have, or think you may have, a legal problem or issue relating to any of the matters discussed in the this Alert, consult legal counsel. Babst
Calland is headquartered in Pittsburgh, Pa. with offices located in Washington, D.C., Charleston, W.Va., State College, Pa., Canton, Ohio and Sewell, N.J.
Led by three former Pipeline and Hazardous Materials Safety Administration (PHMSA) attorneys,
our Pipeline and Hazardous Materials Safety practice group counsels pipeline and midstream companies,
gas utilities, terminal operators, investors, trade associations, and other stakeholders, throughout the
United States. James Curry, Keith Coyle and Brianne Kurdock together have more than 25 years of
experience with a multitude of pipeline safety issues. They partner with client engineering and legal
personnel to address day-to-day compliance questions and develop business and regulatory strategies.
JAMES CURRY KEITH COYLE BRIANNE KURDOCK