Judge rules administration overlooked fracking risks in California mineral leases

By Rory Carroll

SAN FRANCISCO (Reuters) - A federal judge has ruled the Obama administration broke the law when it issued oil leases in central California without fully weighing the environmental impact of "fracking," a setback for companies seeking to exploit the region's enormous energy resources.

The decision, made public on Monday, effectively bars for the time being any drilling on two tracts of land comprising 2,500 acres leased for oil and gas development in 2011 by the Interior Department's Bureau of Land Management in Monterey County.

The tracts lie atop a massive bed of sedimentary rock known as the Monterey Shale Formation, estimated by the Energy Department to contain more than 15 billion barrels of oil, equal to 64 percent of the total U.S. shale oil reserves.

Most of that oil is not economically retrievable except by hydraulic fracturing, or fracking, a production-boosting technique in which large amounts of water, sand and chemicals are injected into shale formations to force hydrocarbon fuels to the surface.

Fracking itself is not a new technology but its widespread use in combination with advances in horizontal drilling to extract oil and gas from underground shale beds has fueled a new onshore U.S. energy boom.

It also has sparked concerns about impacts on the environment, including questions raised about the potential effects of fracking on groundwater.

Environmental groups also criticize oil shale production as at odds with efforts to curb heat-trapping greenhouse gas emissions from fossil fuel combustion that scientists blame for global climate change.

California is implementing a host of policies to cut its greenhouse emissions, including a carbon cap-and-trade program that it bills as a potential model for other states.

The issue came into sharp focus in California last month when Governor Jerry Brown, who has long touted his record as an environmentalist, said the state should consider fracking technology to develop its shale reserves as a way of reducing reliance on imported oil.

U.S. District Judge Paul Grewal in San Jose ruled that the federal government erred, and violated U.S. environmental law, in declining to conduct a full-fledged environmental impact study of its oil leasing for the Monterey Formation.

JUDGE FINDS RISKS 'COMPLETELY IGNORED'

Grewal held that BLM's analysis was flawed because it "did not adequately consider the development impact of hydraulic fracturing techniques ... when used in combination with technologies such as horizontal drilling."

"The potential risk for contamination from fracking, while unknown, is not so remote or speculative to be completely ignored," Grewal wrote.

But the judge stopped short of ordering the leases canceled, as sought by environmental groups. Instead, he ordered the parties to confer and either submit a joint plan of action if they can agree or prepare to argue their respective cases for a remedy if they cannot.

"In any event, it is clear from the order and the general requirements of the law that BLM cannot allow drilling on the leases until and unless it completes a more thorough environmental review," said Brendan Cummings, a lawyer for the Center for Biological Diversity, which brought the suit with the Sierra Club.

He hailed the decision as a milestone in efforts to seek greater scrutiny and regulation of fracking.

"It's the first federal court opinion we're aware of that explicitly holds that federal agencies have to analyze the environmental impacts of fracking when carrying out an oil and gas leasing program," Cummings told Reuters.

But oil company representatives played down the ruling's significance, saying the judge took issue only with the BLM process, not fracking as a method of recovering oil.

"There are many hurdles that producers have to go through, and oftentimes they add delay and cost to energy production," said Tupper Hull, a spokesman for the refinery group Western States Petroleum Association.

"Hopefully the court will ultimately allow the lease to go forward and production to take place," he said.

Cumming said the outcome would likely have implications for a more recent and much larger lease sale of 18,000 acres for oil and gas development in the same general region, which the BLM approved under the same "flawed analysis."

He said the BLM should rescind those leases and "conduct the proper environmental review" or face more court challenges.

(Editing by Steve Gorman and Mohammad Zargham)

Source: http://news.yahoo.com/judge-rules-obama-administration-overlooked-fracking-risks-california-051133818.html

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Rutgers AD resigns amid basketball video scandal

FILE - In this April 11, 2012 file photo, Robert Barchi addresses members of the Rutgers University Board moments after they appointed him president, in New Brunswick, N.J. Tim Pernetti is out as Rutgers athletic director, two days after the basketball coach was fired following a video that went public of Mike Rice shoving, grabbing and throwing balls at players in practice and using anti-gay slurs. Pernetti was given the video in late November by a former employee. With the approval of Barchi, he suspended Rice for three games, fined him $75,000 and ordered him to attend anger management classes. (AP Photo/Julio Cortez, File)

FILE - In this April 11, 2012 file photo, Robert Barchi addresses members of the Rutgers University Board moments after they appointed him president, in New Brunswick, N.J. Tim Pernetti is out as Rutgers athletic director, two days after the basketball coach was fired following a video that went public of Mike Rice shoving, grabbing and throwing balls at players in practice and using anti-gay slurs. Pernetti was given the video in late November by a former employee. With the approval of Barchi, he suspended Rice for three games, fined him $75,000 and ordered him to attend anger management classes. (AP Photo/Julio Cortez, File)

FILE - In this April 11, 2012 file photo, Robert Barchi looks on during a news conference announcing him as president of Rutgers University, in New Brunswick, N.J. Tim Pernetti is out as Rutgers athletic director, two days after the basketball coach was fired following a video that went public of Mike Rice shoving, grabbing and throwing balls at players in practice and using anti-gay slurs. Pernetti was given the video in late November by a former employee. With the approval of Barchi, he suspended Rice for three games, fined him $75,000 and ordered him to attend anger management classes. (AP Photo/Julio Cortez, File)

FILE - In this Jan. 31, 2012 file photo, Rutgers athletic director Tim Pernetti answers a question in Piscataway, N.J. A person familiar with the decision says Pernetti is out as Rutgers athletic director, Friday, April 5, 2013. (AP Photo/Mel Evans, File)

FILE - In this Nov. 20, 2012 file photo, Rutgers athletic director Tim Pernetti, center, poses with Rutgers President Robert Barchi, right, and Big Ten Conference Commissioner Jim Delany during a news conference in Piscataway, N.J., after they announced that Rutgers will join the Big Ten. A person familiar with the decision says Pernetti is out as Rutgers athletic director. The person spoke on condition of anonymity because an official announcement has not been made yet. The school will hold a press conference on campus at 1 p.m. Friday, April 5, 2013. Pernetti dismissed basketball coach Mike Rice Wednesday after a videotape aired showing him shoving, grabbing and throwing balls at players in practice and using gay slurs. The scandal has now cost Pernetti his job some five months after he didn't fire Rice when the video first became available. (AP Photo/Mel Evans, File)

FILE - In this Feb. 26, 2009 file photo, Tim Pernetti speaks to reporters after he was named the new athletic director at Rutgers University during a news conference on the university campus in Newark, N.J. A person familiar with the decision says Pernetti is out as Rutgers athletic director. The person spoke on condition of anonymity because an official announcement has not been made yet. The school will hold a press conference on campus at 1 p.m. Friday, April 5, 2013. Pernetti dismissed basketball coach Mike Rice Wednesday after a videotape aired showing him shoving, grabbing and throwing balls at players in practice and using gay slurs. The scandal has now cost Pernetti his job some five months after he didn't fire Rice when the video first became available. (AP Photo/Mike Derer, File)

NEW BRUNSWICK, N.J. (AP) ? The Rutgers basketball scandal claimed two more university officials on Friday, including the athletic director and an interim senior vice president, who were involved in a decision to "rehabilitate" rather than fire the coach whose abusive behavior was captured on a video.

University president Robert Barchi's job appeared to be safe after getting a public nod of support from the school's board of governors.

The day began with a letter of resignation sent to Barchi by AD Tim Pernetti, who said he hoped his tenure at Rutgers "will not be judged by this one incident."

When he first saw the video of coach Mike Rice pushing, shoving and throwing balls at players in November, Pernetti said he wanted to fire him on the spot. However, he said the consensus among school officials at the time was that it didn't warrant dismissal.

The video, shown Tuesday on ESPN, prompted outrage not only on the Rutgers campus but nationwide. It also includes obscenities and slurs, which the campus is especially sensitive because of the suicide by student Tyler Clementi, who jumped off a bridge days after his roommate used a webcam to see him kissing another man.

At a news conference Friday, Barchi said he first saw the video this week, but was aware it existed in late November. He said Pernetti gave him a summary of what was on it at the time.

"This was a failure of process. I regret that I did not ask to see this video when Tim first told me of its existence," Barchi said. "I want to apologize to the entire Rutgers community for the negative impact that this situation has had on Rutgers.

"I also apologize to the LGBT community and all of us who share their values for the homophobic slurs shown on that video. I personally know how hurtful that language can be."

Based on the information he received from Pernetti, Barchi said he "agreed with and supported his recommendation to suspend, rather than fire, coach Rice at that time. It was not until Tuesday evening of this week, when I watched the video, that I had the opportunity to witness personally for the first time what Tim had seen last fall.

"I was deeply disturbed by the behavior that the video revealed, which was much more abusive and pervasive than I had understood it to be. As Tim acknowledged on Wednesday, his decision to rehabilitate, rather than fire, coach Rice was wrong."

Pernetti was given the video by a former employee, Eric Murdock, and the decision was made in December to suspend Rice for three games, fine and dock him pay totaling $75,000 and order him to attend anger management classes.

The 42-year-old Pernetti is a Rutgers graduate who played tight end for the Scarlet Knights from 1989-93.

Also resigning Friday was John B. Wolf, Rutgers' interim senior vice president and general counsel, who is believed to have recommended against firing Rice in December. On Thursday, assistant coach Jimmy Martelli resigned.

Barchi's position appears to be safe.

"At the end of the day, he has to run this place, day in and day out," Ralph Izzo, chairman of the school's board of governors, said. "And I think he is the right person to run this place for many years to come.

"Dr. Barchi was brought on here eight months ago with two primary objectives: No. 1 was to build a strategic plan for this university for 10 years, going forward, to lead us to academic success and academic greatness; and No. 2, an enormous challenge of integrating a medical school with this university. Being on the job two months, hearing from a general counsel and the athletic director that there was a serious problem, I think he did the right thing by acquiescing to that advice at the time."

Gov. Chris Christie issued a statement Friday calling Pernetti's resignation "appropriate and necessary given the events of the past six months.

"I commend President Barchi for his decisive leadership in coming to an agreement with Mr. Pernetti to have the Athletic Department of Rutgers University come under new leadership," he said. "This entire incident was regrettable and while it has damaged the reputation of our state University, we need to move forward now on a number of fronts which provide great opportunities for Rutgers' future."

Pernetti said in his resignation letter to Barchi that he has "spent a great deal of time reflecting on the events which led to today. As you know, my first instincts when I saw the videotape of Coach Rice's behavior was to fire him immediately. However, Rutgers decided to follow a process involving university lawyers, human resources professionals, and outside counsel.

"Following review of the independent investigative report, the consensus was that university policy would not justify dismissal. I have admitted my role in, and regret for, that decision, and wish that I had the opportunity to go back and override it for the sake of everyone involved."

Pernetti's finest hour may have been when he helped in the school's move to the Big Ten Conference, which means millions in additional revenue by way of television contracts and more national exposure, especially in football. The move, which becomes official in 2014, should provide a big boost to the program in recruiting and season ticket sales. The Scarlet Knights will continue to play next season in the Big East.

Pernetti's first major move as athletic director came in May 2010, when he hired the volatile Rice away from Robert Morris, which he took to two NCAA tournament appearances.

"He convinced me he understood his reputation, but he also understood where the line was," Pernetti said, referring to Rice. "I made clear to him if he crossed the line he would be held accountable."

Pernetti viewed Rice as the man who could turn the perennially underachieving program around.

It didn't happen. Rice went 44-51 in three years and posted a 16-38 mark in the Big East after going 73-31 in three seasons at Robert Morris. The Scarlet Knights went 15-16 this season, including 5-13 in the league.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2013-04-05-BKC-Rutgers-Pernetti/id-db5201a1dd004b739c626a52261de046

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Live SmackDown Results: Apr. 5, 2013

All WWE programming, talent names, images, likenesses, slogans, wrestling moves, trademarks, logos and copyrights are the exclusive property of WWE, Inc. and its subsidiaries. All other trademarks, logos and copyrights are the property of their respective owners. ? 2013 WWE, Inc. All Rights Reserved. This website is based in the United States. By submitting personal information to this website you consent to your information being maintained in the U.S., subject to applicable U.S. laws. U.S. law may be different than the law of your home country. WrestleMania XXIX (NY/NJ) logo TM & ? 2013 WWE. All Rights Reserved. The Empire State Building design is a registered trademark and used with permission by ESBC.

Source: http://www.wwe.com/shows/smackdown/2013-04-05/live-smackdown-results-apr-5-2013

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Behind the historic shift in poverty

A United Nations report on human development signals huge progress in reducing poverty. All the reasons for it may add up to a turnaround in attitudes among the poor about their future.

By the Monitor's Editorial Board / March 15, 2013

Customers shop in a shoe store in Rio de Janeiro, Brazil, where the economy is booming with a rising middle class.

Melanie Stetson Freeman/The Christian Science Monitor

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The share of the world?s people living in extreme poverty has fallen by half ? from 43 percent in 1990 to 21 percent in 2010, according to a new United Nations report, which also forecasts that by 2030 most of the world?s middle-class people will be living in countries once considered poor.

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?Never in history have the living conditions and prospects of so many people changed so dramatically and so fast,? concludes the 2013 Human Development report from the UN Development Program.

And the breadth of this global shift is wide. No country has been left behind in the UN yardstick known as the ?human development index,? which measures social gains such as education.?

Is the notion of a permanent ?poverty trap? ? such as a long-term lack of job opportunities ? possibly being put to rest?

For much of history, despair often bred despair among the poor. ?The anticipation of future poverty will exacerbate current poverty,? says economist Esther Duflo of the Poverty Action Lab at the Massachusetts Institute of Technology and a new appointee to President Obama?s Global Development Council.

In her field studies, Ms. Duflo often found the poor rejected help simply out of depression about their future. Farmers, for example, might refuse new types of fertilizer even if told it would aid their harvests.

The UN report suggests a possible end to this mental mire, with hope perhaps now breeding on hope.

?Hope operates as a capability,? says Ms. Duflo. ?A little bit of hope can allow people to realize their potential.?

The UN report finds countries that emphasize investments in social policies ? gender equality, health, and education ? do better in the traditional measure of progress, economic growth. And the most successful developing countries have also been more open to world markets, such as welcoming foreign investment. Since 1990, the share of global trade by the so-called ?global south? group of developing countries has grown from a quarter to nearly half. Big countries ? China, India, Brazil ? have led the way.

While these steps of progress ? from free-trade pacts to water wells, from roads to new seed varieties ? have helped reduce poverty, the overriding effect seems to be an improvement in the poor?s image of themselves as able to use the assets made available to them.

Optimism alone, however, doesn?t provide certainty of progress. In fact, the UN report also warns that climate change could disrupt recent gains. And resentment over income inequalities could disrupt many societies.

The report is well-timed as the world?s attention turns to a new Roman Catholic pope, Francis, who is noted for setting an example of siding with the poor by his humble lifestyle as the church?s leader in the capital of Argentina.

Jorge Bergoglio took his papal name from the 13th century friar, Francis of Assisi, having once written of the Catholic saint: ?He brought to Christianity an idea of poverty against the luxury, pride, and vanity of the civil and ecclesiastical powers of the time. He changed history.?

Each generation must challenge the frozen attitudes of its time. Based on this latest UN report, perhaps humanity is challenging the notion of poverty as hopelessly inevitable.

Source: http://rss.csmonitor.com/~r/feeds/csm/~3/ur5XF6Iy4BQ/Behind-the-historic-shift-in-poverty

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2 Vitamins you may be deficient in and need to supplement

Vitamins are required in minimum amount each day for the proper functioning of the body and general well-being. Apart from providing the groundwork for the body to grow and develop, they?re also responsible for functions such as immunity, metabolism and digestion. The U.S National Library of Medicine states that a balanced diet consisting of variety of fruits and vegetables is recommended for fulfilling daily vitamin needs.

People who can?t meet their daily vitamin needs from foods alone may require dietary supplements. For example, if someone isn?t getting the minimum amount of vitamin D each day, he/she can opt for a multi-vitamin supplement or a single vitamin supplement like?Pureformulas Vitamin D3.

Nutritionists, scientists and doctors keep on researching more about vitamins. Here are some new theories that have surfaced in recent times;

New Research?

1.?Vitamin D lowers risk of dying in older adults

Ellen Smit from Oregon State University, US, conducted a study last year; 4300 older adults above 60 years of age were part of the study and they were divided in different groups based on their Vitamin D levels. The group with low Vitamin D levels were more likely to be frail. The study revealed that older adults whose Vitamin D levels were lower had a 30 percent higher chance of facing death earlier compared to adults with high Vitamin D levels.

2.?Vitamin D supplements may help in reducing cardiovascular disease

James Vacek carried out a research with Kanas-based researchers, in which they noted Vitamin D deficiency in the group of people they examined was associated with a higher risk of cardiovascular diseases, while Vitamin D supplements were associated with 61 percent increase in chances of survival in the study population. The study concluded that vitamin D supplements may help people to live longer.

.?Vitamin B3 may be able to fight off antibiotic-resistant staph infections

Dr. Gorge Liu from Cedars-Sinai Medical College in Los Angeles California conducted study with his colleagues. They found Vitamin B3, when taken in doses that were far higher than a dose would be for a normal diet, increased the strength of immune cells to eliminate bacteria by 1,000 times in just a few hours. The effect was conducted on human blood samples. The result of the study indicated that nicotinamide or Vitamin B3 may have the ability to kill staph infections (which are antibiotic resistant) that have killed thousands worldwide. Supplements can aid in higher Vitamin B3 dosage.

Conclusion

The studies show the importance of vitamins and supplementing in case of deficiency. Everyone should try to eat 5 servings of fruits and vegetables for meeting their daily vitamin needs, and complement the diet with supplements to avoid any deficiency. Doing so will promote a healthy lifestyle.

About the Author: Sara is freelance writer who most often writes about health and fitness. In her spare time, she enjoys maintaining a healthy lifestyle through swimming and practicing yoga.

Tagged as: health, supplements, vitamins

Source: http://pollynoble.com/2013/03/2-vitamins-you-could-be-deficient-in-and-need-to-supplement/

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Xiu Ying Wu v. U.S. Attorney General - Court of Appeals - 11th Circuit

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Source: http://www.ca11.uscourts.gov/opinions/ops/201211502.pdf

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Huawei Ascend Y (U.S. Cellular)

A better name for this phone would have been the Huawei Ascend Y Not. After the relative success of the Ascend II?and the original Ascend, Huawei is sticking to the formula. The Huawei Ascend Y is a low-end Android smartphone?that's free with a contract from U.S. Cellular. And while that price may be attractive, the phone's performance and capabilities are not. You can get a better phone without having to spend a dime, and you can get a much better phone for less than $50.

Design and Call Quality
Design-wise, the Ascend Y is more of the same. It's a fairly generic, unimpressive little black slab that measures 4.6 by 2.4 by 0.46 inches (HWD) and weighs 4.41 ounces. It's the type of phone that could trick you at the store. It feels surprisingly well-built and solid, and the relatively small size will fit into most hands like a glove. But don't let that fool you. When you turn the display on you begin to get the real story.

The 3.5-inch, 480-by-320-pixel capacitive touch screen remains unchanged since the first Huawei Ascend, and it shows. Everything looks pixelated and grainy, and colors look muted and drab. There are three haptic feedback-enabled touch keys beneath the display, and typing can be frustrating on the cramped keyboard.

The phone is a dual-band EVDO Rev A (850/1900 MHz) device with 802.11b/g/n Wi-Fi. In New York where I tested it, U.S. Cellular phones use Sprint's network. Reception was fine, and it connected to my WPA2-encrypted Wi-Fi network without a problem. It can also function as a mobile hotspot with the appropriate data plan.

Call quality is pretty good. Voices sound somewhat digitized, but otherwise very full and clear in the phone's earpiece. Calls made with the phone sound a little muted, and noise cancellation is average. The speakerphone sounds fine and is loud enough to hear in a car, but not outdoors. Calls were clear through a?Jawbone Era?Bluetooth headset and standard Android voice dialing worked fine. Battery life was average at 6 hours and 2 minutes of talk time.

Android and Apps
Now that Ice Cream Sandwich and Jelly Bean have finally eclipsed Gingerbread?as the version of the OS on most existing Android phones, there's no excuse for the outdated Android 2.3.6 (Gingerbread) found here. This phone probably won't be updated to Android 4.0, let alone 4.1 or 4.2, and Huawei's minor UI customizations do little to extend what life is left in Gingerbread.

To add insult to injury, the phone is powered by an 800MHz Qualcomm MSM7625A processor. This is the same chip that powered many low-end Android phones?two years ago. Today, it just isn't fast enough to keep up with most of the tasks users expect their smartphones to perform. The Ascend Y turned in poor benchmark scores across the board, and you can really feel this phone struggling to keep up.

There are five customizable home screens you can swipe between, which come preloaded with a number of apps and widgets. There isn't too much bloatware preinstalled, and most of it is deletable. As far as apps go, you get Google Maps Navigation for free voice-enabled, turn-by-turn GPS directions. You also get solid email support, and a capable Web browser, all of which is held back by the slower processor. There are more than 700,000 apps available in the Google Play store, but we can't guarantee good performance.

Multimedia, Camera, and Conclusions
The Ascend Y has 140MB of free internal memory, as well as a 2GB microSD card preinstalled in the slot underneath the battery. My 32GB and 64GB SanDisk cards worked fine as well. There's a standard 3.5mm headphone jack that bumps out a little on top of the phone. Music tracks sounded fine over both wired earbuds and Altec Lansing BackBeat?Bluetooth headphones. I was able to play AAC, MP3, OGG, and WAV files, but not FLAC or WMA. Video support is poor. I was only able to watch movies at resolutions up to 640-by-480, and couldn't play DivX files at all.

The Ascend Y's 3.2-megapixel camera is actually a downgrade from the 5-megapixel sensor on the Ascend II. That's weird. It still lacks auto-focus and an LED flash, and test photos still look soft, with flat color detail. The camera records 640-by-480 video at a maximum of 15 frames per second, but even then, they look choppy and have a slow-motion-like quality. There's no front-facing camera, so you can't use the phone for video chat.

The Huawei Ascend Y would've been a fine option two years ago, but you can do much better now. The HTC One V?is also free with a contract, and gets you a larger 3.7-inch screen with a higher 800-by-480-pixel resolution, as well as a faster 1GHz processor, and Android 4.0 (Ice Cream Sandwich). If you step your budget up to $49.99, you can get the Samsung Galaxy Axiom, which also has a larger, higher-res screen, a faster processor, better battery life, Android 4.0, and support for U.S. Cellular's 4G LTE network. Of course, you can spend even more on even better phones (the Samsung Galaxy S III?comes to mind), but if you're shopping on a tight budget, both of these choices will keep you satisfied much longer than the Huawei Ascend Y.

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Source: http://feedproxy.google.com/~r/ziffdavis/pcmag/~3/lix1_kI0jps/0,2817,2416365,00.asp

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