Sunday, June 28, 2015

New York Court Holds Fraudulent Act Exclusion Applicable in lawyer’s malpractice liability policy



In its recent decision in Lewis & Stanzione v. St. Paul Fire & Marine Ins. Co., 2015 U.S. Dist. LEXIS 78259 (N.D.N.Y. June 17, 2015), the United States District Court for the Northern District of New York had occasion to consider the application of a fraudulent acts exclusion in a lawyer’s malpractice liability policy.
St. Paul insured the Lewis & Stanzione firm (the “Firm”) under a lawyer’s professional liability policy insuring damages arising out of any act, error or omission committed by the Firm in the rendering or failure to render legal services. Notably, the policy contained an exclusion barring coverage for claims “arising out of any dishonest, fraudulent, criminal or malicious act, error, omission or ‘personal injury’ committed by, at the direction of, or with the knowledge of an insured.”
While the policy was in effect, one of the Firm’s named partners was named in a lawsuit alleging that he was part of a fraudulent scheme designed to cause plaintiffs to extend a loan to finance the purchase of an Inn. The lawsuit contained a single cause of action against the attorney – that being for fraud. St. Paul denied coverage for the suit on the basis of its policy’s fraudulent act exclusion. In considering the matter on motion for summary judgment, the court agreed that because the underlying lawsuit alleged only fraudulent conduct, the exclusion applied to bar any defense or indemnity obligation on the part of St. Paul.
In reaching this conclusion, the court considered and rejected the Firm’s argument that St. Paul at the very least owed a duty to defend since the lawsuit alleged that the attorney’s fraudulent conduct arose out of the legal services he provided. In other words, the Firm contended that so long as it was sued in connection with legal services rendered, a duty to defend was triggered regardless of whether any exclusion might ultimately apply. The court rejected the insured’s theory of coverage, concluding:
While there is no dispute that [the attorney] was rendering legal services when he represented the sellers of the Inn, that simply does not end the inquiry. If the court were to read the Policy to impose coverage obligations on St. Paul solely because the Underlying Complaint alleges that [the attorney] rendered legal services, it would vitiate the Fraud Exclusion. The court declines to do so.
In reaching its decision, the court noted that it was possible that the insured attorney ultimately would not be found liable for having acted in a fraudulent manner. This possibility, explained the court, was immaterial to the coverage analysis since the allegations contained in the complaint fell wholly within the exclusion, thus negating any duty to defend or indemnify.
- See more at: http://www.traublieberman.com/insurance-law/2015/0619/6616/#sthash.8l5ftzs2.dpuf
In its recent decision in Lewis & Stanzione v. St. Paul Fire & Marine Ins. Co., 2015 U.S. Dist. LEXIS 78259 (N.D.N.Y. June 17, 2015), the United States District Court for the Northern District of New York had occasion to consider the application of a fraudulent acts exclusion in a lawyer’s malpractice liability policy.

St. Paul insured the Lewis & Stanzione firm (the “Firm”) under a lawyer’s professional liability policy insuring damages arising out of any act, error or omission committed by the Firm in the rendering or failure to render legal services. Notably, the policy contained an exclusion barring coverage for claims “arising out of any dishonest, fraudulent, criminal or malicious act, error, omission or ‘personal injury’ committed by, at the direction of, or with the knowledge of an insured.”

While the policy was in effect, one of the Firm’s named partners was named in a lawsuit alleging that he was part of a fraudulent scheme designed to cause plaintiffs to extend a loan to finance the purchase of an Inn. The lawsuit contained a single cause of action against the attorney – that being for fraud. 

St. Paul denied coverage for the suit on the basis of its policy’s fraudulent act exclusion. In considering the matter on motion for summary judgment, the court agreed that because the underlying lawsuit alleged only fraudulent conduct, the exclusion applied to bar any defense or indemnity obligation on the part of St. Paul.

In reaching this conclusion, the court considered and rejected the Firm’s argument that St. Paul at the very least owed a duty to defend since the lawsuit alleged that the attorney’s fraudulent conduct arose out of the legal services he provided. In other words, the Firm contended that so long as it was sued in connection with legal services rendered, a duty to defend was triggered regardless of whether any exclusion might ultimately apply. 

The court rejected the insured’s theory of coverage, concluding:

While there is no dispute that [the attorney] was rendering legal services when he represented the sellers of the Inn, that simply does not end the inquiry. If the court were to read the Policy to impose coverage obligations on St. Paul solely because the Underlying Complaint alleges that [the attorney] rendered legal services, it would vitiate the Fraud Exclusion. The court declines to do so.


In reaching its decision, the court noted that it was possible that the insured attorney ultimately would not be found liable for having acted in a fraudulent manner. This possibility, explained the court, was immaterial to the coverage analysis since the allegations contained in the complaint fell wholly within the exclusion, thus negating any duty to defend or indemnify.

Workers Compensation Fraud Control, Barn Door Style



A recent edition of 20/20 – Who’s Freeloading – deals with insurance. The first 12 or 13 minutes focuses on flagrant workers comp fraudsters caught in the act.

 The episode shows a worker with an alleged injured foot strutting the beauty pageant walkways; a worker incapacitated with a shoulder injury break dancing in a commercial; a “disabled” worker competing in extreme wrestling. 

While one might think someone deceiving their employer would have the street smarts to keep a low profile, this is often not the case. Many clueless fraudsters are caught in very public activities: See Caught on The Price is Right.

These cases are egregious and infuriating, particularly because the claimants are so brazen.

It’s worth noting that workers comp fraud comes in many flavors, and individual claimant fraud may be the tip of the iceberg: doctor mills, employer premium fraud and attorney fraud add up to much more in terms of sheer costs to the system.


Still, that can be cold comfort to an employer who deals with a fraudulent claim. It can feel very personal to to be duped and swindled by an employee.

We encourage employers who suspect fraud to work with their insurers to ferret it out – it should be a zero tolerance approach. But chasing down fraud after it occurs is still a case of “closing the barn door” style of management — the horse has already escaped.  

In the Coalition Against Insurance Fraud’s Emerging Issues, Professor Malcolm Sparrow, a pre-eminent fraud expert from the JFK School of Government at Harvard University says it better:
There is widespread misplaced emphasis on detecting and investigating committed crimes, rather than on controlling, neutralizing, and deterring future crime. Despite some progress, the probability of detection and of criminal prosecution is still extremely small. The risk/reward ratio is still very attractive in insurance fraud — small risk with high reward. There is great potential in shifting the investment balance from heavily weighted identification of already committed crime — the “pay and chase” model — to more investment in detecting attempted fraud and defeating it.
We believe that vigilant employers can nip most fraud in the bud with a tight workers comp management program that focuses on preventing injury, treating employers fairly and compassionately when injuries do occur and closely monitoring the recovery process until return-to-work on full or transitional duty. By actively demonstrating vigilance repeatedly, opportunistic fraudsters may think twice and sophisticated fraudsters may choose an easier target. Here are some best practices:
  • Zero tolerance message. Educate employees about their rights and responsibilities under workers comp, and be clear that your intention is to care for anyone who is injured on the job, but that you aggressively prosecute fraud as a crime.
  • Publicize your return-to-work program. Establish and reinforce a goal of recovery and return-to-work for any work-related injuries.
  • Train supervisors. Your supervisors should understand workers comp and their role in the process. They should understand the employer/employee rights and responsibilities and what to do if an injury occurs. They should be alert for red flags.
  • Aim for same-day injury reporting. Train employees to report injuries immediately when they occur.
  • Conduct accident analyses. As soon as possible after a work injury or near miss, gather facts and witnesses while things are fresh. This will also set the stage for getting to the root cause and taking any remedial actions to prevent future occurrences.
  • Set the tone at point of injury. Escort an injured worker to the treating physician in your network. Remind them of rights / responsibilities and that you will be monitoring their recovery.
  • Keep in close touch with out-of-work injured employees. Let the employee know how important they are to the team. Have transitional work available that conforms with any restrictions and establish a return to work date.
  • Work with your insurer. Be familiar with “red flags” and report any suspicious activity immediately.
Fraud resources
10 “Red Flag” Warning Signs of Workers’ Compensation Fraud
10 ways for employers to fight workers’ comp fraud
Seven Steps You Can Take to Stop Workers’ Compensation Fraud
National Insurance Crime Bureau
Coalition Against Insurance Fraud
III – Insurance Fraud

Source:http://workerscompinsider.com

Lumberjack: America's Deadliest Profession



“He's a lumberjack, and he's [NOT] okay.”
~ “Lumberjack Song,” Monty Python
At the tail end of last year, the term “lumbersexual” -- referring to a new wave of bearded, flannel-clad hipsters -- went viral. “He looks like a man of the woods, but works at The Nerdery, programming for a healthy salary and benefits,” wrote Gear Junkie. “His backpack carries a MacBook Air, but looks like it should carry a lumberjack’s axe.”

While the logger has been fetishized by aspiring fashionistas, the reality of his trade is much grimmer.

Take, for instance, the fate of 21-year-old logger Tyler Bryan. At around noon on February 10th, 2014, he was standing at the base of a steep slope in Morton, Washington; just above him, rigged to a steel skyline cable suspended above the ground, a 4,000-pound log with a diameter roughly the size of a monster truck tire slowly made its ascent.

What happened next occurred quickly, and without warning: The cable, over-burdened by the weight of the load, sagged. The log spun out of control. Bryan, whose first son was due in two months, never saw it coming.
In the aftermath of his death, a fundraiser was set up to gather funeral donations. Dozens of commenters, each with his or her own logging tragedy to relate, came to sympathize:
“I lost my brother and a friend in two separate logging accidents 24 years ago. They both left behind new brides and unborn children, just as what happened here…”
“I lost an uncle, my brother, and almost my son two weeks ago in the logging world. Such a dangerous job…”
“I am a daughter of a logger and lost my father to a logging accident in 1980…”
“I own a logging company and live in fear daily for all my guys, their wives and their children. I feel terrible for everyone involved…”
These stories are only a small visage into what is, statistically, America’s deadliest career path. 
***
Since 1992, the the federal government’s Bureau of Labor Statistics (BLS) has kept data on work-related deaths and injuries. Over a 22-year year span, an average of 5,650 U.S. workers perish each year on the job, or due to injuries procured on the job. In general, thanks to the implementation of stricter safety regulations, these fatalities are on a slow, gradual decline:
But the BLS also breaks these deaths down by profession -- and upon closer inspection, certain jobs are still astronomically dangerous. We went through the most recent BLS data set (2013), and ranked the jobs with the highest death rates per 100,000 workers. Out of hundreds of jobs, loggers are the most statistically likely to die due to work-related injuries:
Note: Interestingly, the three most deadly jobs are all instances of man versus nature: logging (trees), fishing (the sea), and aircraft pilots (air); also, while women and men shared an equal split in hours worked, 93% of all work fatalities were incurred by men
Taking into account the sum totals of all of the professions represented in the BLS report, the average American worker has a work-related fatality rate of 3.2 in 100,000. For the United States’ 60,000 logging employees, this figure is 91 in 100,000 -- nearly 30 times greater than the average job.

Despite the high-risk nature of their profession, loggers receive a median pay of only $33,630 per year, or $16.17 per hour. (In fact, with the exception of pilots, police officers, and firemen, every job on this list has a median pay of less than $45,000.)


These figures only represent the year 2013 -- though a look back at all of the BLS data from 1992-2013 yields that lumberjacks still have the highest job-related fatality rate, with an average of 99 deaths per 100,000 workers. 
Fishermen and aircraft pilots retain the second and third spots, with 90 and 72, respectively.

The BLS explicitly excludes military jobs from its data, though we were curious to see how lumberjacks compared. Using the U.S. Government-maintained Defense Casualty Analysis System, which recorded both total full-time military members and the number of deaths from 1980 to 2010, we calculated an occupational fatality rate of 83 in 100,000 employees during that time period -- still less than that of lumberjacks.
Note: Logging data compiled from BLS data (1992-2013); U.S. Military data compiled from the Defense Casualty Analysis System (1980-2010). It should be noted that soldier fatality rates greatly vary. During World Wars I & II, or Vietnam, these rates would be astronomically higher. Additionally, these figures account for all active duty military; if we were to break that down into specific job titles, it is likely that certain fields -- say explosive ordinance disposal -- would have much higher rates.
Despite a substantial decline in the deaths of loggers, it’s clear that they still face higher fatality rates than any other job (at least, those included in the BLS data). But why?

Why Is Logging so Particularly Deadly?

Shortly after Tyler Bryan was killed by an unsecured log, his mother spoke to a local reporter: “I kind of think he knew it was his time,” she said. “He knew the dangers, and we knew the dangers.” For people in the logging business, it is well understood that risk has always inherently been part of the job.

Ever since settlers arrived in Jamestown -- a land of “goodly tall trees” -- in 1607, Americans have been logging. By 1790, New England was exporting more than 36 million feet of lumber; between 1830 and 1890, wood accounted for more than 90% of the nation’s energy, and the state of Maine alone produced some 8.7 trillion feet of timber. Even with the onset of the Industrial Revolution, wood was enlisted to construct railway cars and mining structures, and was in high demand from cabin-building settlers expanding Westward. 

Lumberjacks with a giant redwood tree, c.early 1900s (note the massive handsaw)
With few safety regulations and a free-for-all mentality, the logging trade was incredibly dangerous. In a September 1894 account in Munsey's Magazine, a lumberjack speaks to this:
“Lumber camp life is by no means a desirable existence. Not only is it a dull routine of toil, but oftentimes it involves great hardship, while its pleasures are few and far between. A lake captain, who in his younger days spent several years in the woods, one day remarked that if he had his choice between spending three months in a lumber camp and the same amount of time in jail, he would unhesitatingly choose the latter...
[It is] a life fraught with many dangers. Falling trees and rolling logs have caused a long list of deaths; and it is on this account that the woodsman's outer garments are of the brightest colors, blue, green, red, and yellow being the more prominent. The men are thereby able to see one another more distinctly through the thick underbrush, and by a timely warning to avert a great many dangers.”
In 1906, at the peak of the lumber business, there were 500,000 lumberjacks across the country. Living in “primitive” conditions, these loggers extolled the virtues of dangerous tasks, and were praised for being reckless and aggressive. Living in isolated logging camps, they built a “traditional culture that celebrated strength, masculinity, confrontation with danger, and resistance to modernization.”

Nonetheless, logging technology was soon embraced: hand saws were replaced by circular and band saws, and, by the late 1940s, the portable chainsaw. With the invention of the “feller buncher” (a large machine capable of cutting and lifting trees) in 1968, loggers could clear 200 trees per hour -- a job that would’ve previously required the work of 20 men. 

An x-ray from a lumber chainsaw accident; miraculously, this man survived -- but most loggers who incure such injuries aren’t as lucky
Today, large machinery is used for almost all logging -- but it has come with its own set of dangers. From 1991 to 1993, OSHA investigated a series of on-the-job injuries, and found that fatal logging accidents were often the result of technology. Below are two such incidents:
Case Study 1: On October 9, 1992, a 33-year-old male tree feller was killed while operating a chainsaw. Using a 4-horsepower, 16-inch, bow-bar chainsaw, the victim felled a 40-foot pine tree. He then used the bow-bar chainsaw to cut the limbs from the felled tree. As the victim cut through a spring pole, the chain saw recoiled and kicked back, fatally striking him in the throat.

Case Study 2: On April 8, 1993, a 28-year-old male equipment operator was killed when he was struck and run over by the skidder machine he was operating. The victim pulled into a landing area (which had a slope of less than 5 percent), stopped the skidder, and unhooked a number of logs that were being dragged. The victim remounted the skidder and drove it around an idled log-loader. As he did so, the skidder ran over two logs lying on the ground—one 6 inches in diameter and the other about 14 inches in diameter. When the skidder ran over the logs, the victim apparently lost his balance, fell or jumped from the skidder cab, and was run over by the left rear tire. The victim sustained multiple traumas to the head and torso and died at the scene.
Still, falling trees account for the vast majority of logging deaths. In a 2003 study, the National Institute for Occupational Safety and Health examined 780 logging deaths between 1992-2000, and found that only 15.6% of fatalities were the result of machinery. The remainder -- a whopping 84.4% -- were due to falling trees or rolling logs:
The OSHA study (mentioned above) also contains case studies of some of these cases:
Case Study 3: On December 3, 1992, a 24-year-old male timber cutter was fatally struck on the head while felling an 80- to 90-foot poplar tree. As the poplar fell, one of its limbs struck a 35-foot snag. The snag broke off about 4 feet above the ground, fell back toward the victim (who was looking in the opposite direction), and struck him on the head. Although the victim was wearing approved head protection, the blow was immediately fatal, as it fractured the first vertebra in his neck.
Case Study 4: On March 22, 1993, a 51-year-old male foreman and skidder operator was fatally struck on the head by a falling tree while he was cutting another tree into logs (bucking). A coworker was felling a 58-foot poplar tree about 50 feet away from the victim. As the tree fell toward the victim, the timber cutter and another worker shouted warnings. However, the victim (who was wearing a protective helmet and earplugs) apparently did not hear them. He was struck on the head and died instantly.
"One of the biggest dangers is that the logger can't see broken tops of trees or limbs hidden by live branches," says Dana Hinkley, who runs a logging safety program. Often buried in the canopy, these broken tree tops so commonly kill loggers that they’ve been coined “widow makers.”

While safety precautions have dramatically increased since the rogue days of 1900s lumberjacks, a macho attitude still pervades the trade. “They think they know how to cut trees because grandpa taught them how to do it," says Hinkley, "and that good ol' boy attitude keeps them from training."
***
Increasingly, loggers are exploring more advanced machines as a way to improve efficiency and reduce workplace injuries. On its site, Associated Oregon Loggers lists an impressive array of technologies being implemented -- from computer-optimized log cutters, to radio-controlled, remote mechanical operation. Tech-savvy loggers have even pioneered smartphone apps and data analytics systems.

But regardless of technological advancements, logging is intrinsically risky. In one way or another, workers must deal with some of nature’s largest creations, and as we know well, nature often can’t be tamed without dire consequences.
 

Source: http://priceonomics.com

Millard Refrigerated Services, LLC Clean Air Act (CAA) Settlement, Pay $3 Million in Penalties


(Washington, DC – June 2, 2015) The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced a Clean Air Act (CAA) settlement with Millard Refrigerated Services, LLC to address three accidental releases of anhydrous ammonia at its Mobile Marine Terminal located in Theodore, Alabama.  The most serious of the releases resulted in 152 people being treated at local hospitals. Millard Refrigerated Services, LLC has since been acquired by Lineage Logistics. 
On this page:

Overview of Company

Millard Refrigerated Services, LLC (Millard) was founded in 1963 in Millard (now part of Omaha), Nebraska and was incorporated in the State of Georgia. Millard operated numerous cold storage facilities across the United States and Canada. Millard offered refrigeration and distribution services to major retail, food service and food distribution companies for both domestic and international locations.   

Violations

  • On April 25, 2007, an anhydrous ammonia release occurred at the Mobile Marine Terminal. An internal investigation revealed the cause to be failure to control hydraulic shock, a well-known hazard in the ammonia refrigeration industry.
  • On January 6, 2010, a second anhydrous ammonia release occurred at the Mobile Marine Terminal. An internal investigation did not identify a root cause.
  • On August 23, 2010, the Mobile Marine Terminal experienced a third release of anhydrous ammonia when 32,000 pounds of the chemical were released into the environment. The ammonia travelled directly over a site where more than 800 people were working on decontaminating ships responding to the BP oil spill in the Gulf of Mexico. The Mobile, Alabama, Emergency Management Agency ordered an evacuation of the surrounding area and a one mile shelter in place situation following the ammonia release. 152 people working at the site and on ships were treated for symptoms of ammonia exposure at hospitals in the Mobile area, four of whom were admitted into intensive care units. An internal investigation identified the cause of the release as failure to control hydraulic shock.
  • Section 112(r)(7) of the CAA and the implementing regulations at 40 C.F.R. Part 68, require owners and operators of a stationary source that has more than a threshold quantity of a regulated substance in a process to develop and implement a risk management program. The stationary source’s risk management program is to be described in a risk management plan that must be submitted to EPA. The Millard Mobile Marine Terminal was subject to these regulations because the refrigeration systems contained more than the threshold of 10,000 pounds of anhydrous ammonia.
  • EPA inspections and investigation indicated that there were 37 separate violations CAA Section 112(r)(7) and its implementing regulations found at 40 C.F.R. Part 68.
  • Section 304(a) of EPCRA, 42 U.S.C. § 11004(a), requires any person who owns or operates a facility at which a hazardous chemical is produced, used or stored to immediately provide notice of a release of an extremely hazardous substance from the facility (to offsite locations) in an amount equal to or greater than its reportable quantity (RQ), as described in Section 304(b) of EPCRA, 42 U.S.C. § 11004(b).  The notification must be given to the State Emergency Response Center (SERC) and the Local Emergency Planning Commission (LEPC).
  • EPA inspections and investigations of the three incidents described above indicated that Millard violated Clean Air Act Section 112(r)(1) by failing to identify the hazards of hydraulic shock and by failing to design its facility to minimize this hazard.
  • Section 304(a) of EPCRA, 42 U.S.C. § 11004(a), requires any person who owns or operates a facility at which an extremely hazardous substance is produced, used or stored to immediately provide notice of a release of such a substance from the facility (to offsite locations) in an amount equal to or greater than its reportable quantity (RQ), as described in Section 304(b) of EPCRA, 42 U.S.C. § 11004(b).  The notification must be given to the State Emergency Response Center (SERC) and the Local Emergency Planning Commission (LEPC). 
  • EPA inspections and investigation indicated that Millard violated EPCRA by failing to provide notice to the SERC and to LEPC of the April 2007 release.
  • Section 103(c) of CERCLA similarly requires notification to the National Response Center (NRC) following a release of a hazardous substance in quantities greater that the RQ established pursuant to Section 102, 42 U.S.C. § 6902.
  • EPA inspections and investigations indicated that Millard violated CERCLA by failing to provide notification to the NRC for the April 2007 release.

Injunctive Relief

There is no injunctive relief as Millard no longer owns the facility, the facility is no longer the Mobile Marine Terminal, and this facility is not being used as a refrigerated warehouse.

Pollutant Impacts

As the Mobile Marine Terminal is no longer in operation there is no future risk of anhydrous ammonia releases occurring. 

Health Effects and Environmental Benefits

Anhydrous ammonia is considered a poisonous gas. Exposure to its vapors can cause temporary blindness and eye damage, and irritation of the skin, mouth, throat, respiratory tract and mucous membranes. Prolonged exposure to anhydrous ammonia vapor at high concentrations can lead to serious lung damage and even death.

Civil Penalty

Millard will pay a $3 million penalty to the United States.

Four Corners Power Plant Clean Air Act Settlement


(Washington, DC – June 24, 2015) EPA and the Department of Justice announced today a consent decree with Arizona Public Service Company (APS), Southern California Edison (SCE), El Paso Electric Company (El Paso Electric), Public Service Company of New Mexico (PNM), Salt River Project Agricultural Improvement and Power District (Salt River Project), and Tucson Electric Power Company (Tucson Electric Power), (collectively Defendants).  
On this page:

Overview of Company

Defendants represent a group of public and private entities that together own FCPP. The two unit, 1,540-megawatt Four Corners Power Plant, located on the Navajo Indian Reservation west of Farmington, New Mexico, is operated by APS. APS is Arizona’s largest and longest-serving electric company, providing more than 1.1 million retail and residential customers in 11 of Arizona’s 15 counties.  

Violations

The EPA began an investigation of the FCPP in 2009, as part of the agency’s Power Plant Initiative. Four NGO’s also began investigating the FCPP and filed a complaint with violations of the New Source Review (NSR)/Prevention of Significant Detorioration (PSD) program in 2011 specifically alleging that APS made modifications to FCPP Units 4 and 5 in 1985, 2007 and 2008 that triggered PSD review. These NGO’s collectively were: Dine CARE, the National Parks Conservation Association, To’ Nizhoni Ani, and Sierra Club.

Injunctive Relief and Pollutant Reductions

This settlement follows the EPA’s 2012 CAA Regional Haze Program’s Best Available Retrofit Technology (BART) determination for the FCPP. The BART determination required the installation of selective catalytic reduction systems for the control of nitrogen oxides (NOx) at Units 4 and 5. Under BART, FCPP must continuously operate the SCR to meet a 0.098 pound/million BTU NOx emission rate. This NSR/PSD settlement will require the SCR’s to meet a 0.080 pound/ million BTU NOx emission rate, achieving an additional 887 tons per year (tpy) reduction in NOx
The settlement will also require defendants to achieve SO2 emissions reductions by continuously operating already installed flue gas desulfurization equipment to meet a 95 percent removal efficiency and to convert existing ductwork and stack configurations at FCPP to eliminate the bypass of stack gas around the equipment. These actions will result in SO2 emissions of approximately 4,653 tpy.
Lastly, the settlement will require defendants to operate each Unit 4 and 5 at FCPP in a manner consistent with good air pollution control practices to maximize particulate matter emission reductions. The defendants will properly operate and maintain its existing baghouses on FCPP Unit 4 and 5 to control emissions of particulate matter. The defendants will also continuously operate the baghouses on Unit 4 and 5 so as to achieve and maintain a filterable particulate matter emission rate no greater than 0.0150 pound/million Btu. Defendants will also install and operate continuous particulate matter emissions monitors on FCPP Unit 4 and 5. 

Health Effects and Environmental Benefits

The pollutants reduced under this settlement have numerous adverse environmental and health effects. Sulfur dioxides and nitrogen oxides can be converted to fine particulate matter once in the air. Fine particulates can be breathed in and lodged deep in the lungs, leading to a variety of health problems and even premature death. Other health and environmental impacts from the pollutants addressed in this settlement include the following:
Sulfur dioxide – High concentrations of SO2 affect breathing and may aggravate existing respiratory and cardiovascular disease.  Sensitive populations include asthmatics, individuals with bronchitis or emphysema, children, and the elderly.  Sulfur dioxide is also a primary contributor to acid deposition, or acid rain.
Particulate matter – Short term exposure to particulate matter can aggravate lung disease, cause asthma attacks and acute bronchitis, may increase susceptibility to respiratory infections and has been linked to heart attacks.
Nitrogen oxides – Nitrogen oxides can cause ground-level ozone, acid rain, particulate matter, global warming, water quality deterioration, and visual impairment. Nitrogen oxides play a major role, with volatile organic chemicals, in the atmospheric reactions that produce ozone.  Children, people with lung diseases such as asthma, and people who work or exercise outside are susceptible to adverse effects such as damage to lung tissue and reduction in lung function.

Environmental Mitigation Projects

The proposed consent decree requires the defendants to spend at least $6.7 million on three environmental mitigation projects and to complete the projects within five years.
Wood stove and coal
SCE will spend $3.2 to sponsor a wood-burning and coal-burning appliance replacement and/or retrofit project. This Project will replace or retrofit inefficient, higher-polluting wood-burning or coal-burning appliances with cleaner-burning, more energy-efficient heating appliances. The project must be implemented in the Navajo Nation territory and other areas which are adjacent to the FCPP.
There is a real public health and air quality need for this project on the Navajo Nation. Many Navajo households use wood or coal as the primary heating fuel. Many more use wood or coal as a supplemental heating fuel. Many stoves used on the Navajo Nation are also old. Older stoves are less efficient and lead to increased indoor and outdoor air pollution, including particulate matter 2.5, volatile organic compounds, hazardous air pollutants, carbon monoxide, and methane.
Weatherization
All defendants, except for SCE, will spend $1.5 million to sponsor a home weatherization project, which will fund projects that reduce the use of fossil fuels and biomass. Examples of such improvements include installation of floor, wall, and attic insulation; sealing of windows and doors; duct sealing; passive solar retrofits; and testing and repair of combustion appliances.
Weatherization is particularly important on the Navajo Nation because many homes on the Navajo Nation were built before 1990 and are thus likely to lack adequate insulation. Homes lacking insulation, or in need of other weatherization-related repairs, require more heating fuel to maintain a comfortable temperature, leading to additional indoor and outdoor air pollution.
Health care trust project
All defendants, except for SCE, will spend $2 million to set up a medical trust instrument established under the laws of the State of New Mexico. The trust will have a bank trustee to administer the trust locally. The trust shall be for the purpose of providing funds to pay for medical screening for impacted people living on the Navajo Nation Indian Reservation near the FCPP who require respiratory healthcare. The funds may be used to pay for complete medical examinations, tests, review of current medications, prescriptions, oxygen tanks, and other medical equipment needed for quality of life. The funds may also be used to pay for transportation to and from the hospital or doctors’ offices.

Civil Penalty

Defendants will pay a total of $1.5 million in civil penalties to the United States.

Comment Period

The proposed settlement, lodged in the U.S. District Court for New Mexico is subject to a 30-day public comment period and final court approval. Information on submitting comments is available at the Department of Justice website.

The Power Plant Enforcement Effort

This judicial settlement secured by DOJ and EPA, is part of a national enforcement initiative to control harmful emissions from power plants under the Clean Air Act’s New Source Review requirements. The total combined sulfur dioxide and nitrogen oxides emission reductions secured from these settlements will exceed 2 million tons each year once all the required pollution controls have been installed and implemented.

Probable cause of crash of CESSNA 150C, registration: N1924Z: The total loss of engine power due to carburetor icing.

NTSB Identification: CEN15CA236
14 CFR Part 91: General Aviation
Accident occurred Sunday, May 17, 2015 in Durango, CO
Probable Cause Approval Date: 06/09/2015
Aircraft: CESSNA 150C, registration: N1924Z
Injuries: 1 Uninjured.
 
NTSB investigators used data provided by various entities, including, but not limited to, the Federal Aviation Administration and/or the operator and did not travel in support of this investigation to prepare this aircraft accident report.

The pilot reported that he was on a local flight in mountainous terrain. While returning to the airport he began a descent by reducing power to about 60 percent, which resulted in a complete loss of engine power.

The pilot applied full carburetor heat and full throttle and the engine regained power. He continued a shallow descent with full throttle and carburetor heat for about another 5 minutes.

He closed the carburetor heat and continued the descent at 75 percent engine power. Within less than a minute, the engine lost complete power again. The pilot applied carburetor heat and full throttle, along with mixture adjustments and pumping the throttle, but the engine did not restart.

He attempted a forced landing to a local highway. During the final approach, he avoided power lines by flying under them, but he was unable to flare the airplane before touchdown.

The nose strut assembly sheared off during the landing and the right wing struck an embankment which resulted in substantial damage. The weather conditions at the time of the accident were conducive to serious carburetor icing during a descent.

The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
  • The total loss of engine power due to carburetor icing.

Probable Cause of PIPER PA 46 350P, registration: N224JJ nose gear landing collapse

NTSB Identification: CEN15LA078
14 CFR Part 91: General Aviation
Accident occurred Monday, December 15, 2014 in Houston, TX
Probable Cause Approval Date: 06/22/2015
Aircraft: PIPER PA 46 350P, registration: N224JJ
Injuries: 1 Uninjured.
 
NTSB investigators may not have traveled in support of this investigation and used data provided by various sources to prepare this aircraft accident report.

The pilot reported that, just after landing and as the nosewheel touched the runway, the airplane veered sharply left. The pilot applied right rudder; however, the airplane continued off the left side of the runway. The airplane’s nose landing gear (NLG) collapsed, and the airplane came to rest in a grassy area 150 ft from the runway.

The examination of the airplane revealed a fractured engine mount in the area of the NLG actuator. As a result of similar accidents, the airplane’s manufacturer had issued (about 12 1/2 years before the accident) a mandatory service bulletin (SB), which included a 100-hour recurring inspection to determine if cracks had developed on the engine mount in the area of the NLG actuator feet.

The latest version of the SB was issued about 6 months before the accident. A review of the airplane’s maintenance records revealed that maintenance personnel had completed the SB inspection during three previous annual inspections; however, there was no record that the SB inspection was conducted during the last annual inspection, which occurred about 6 months before the accident.

The accident is consistent with an uncommanded left turn during landing as a result of a broken engine mount. Based on the evidence and the events, it’s likely that maintenance personnel did not inspect the engine mount during the most recent annual inspection or that they did inspect the area and missed the cracks that had likely developed on the engine mount.

The National Transportation Safety Board determines the probable cause(s) of this accident as follows: 


The nose landing gear collapse as a result of the fracture of the engine mount at the nose gear actuator attachment point in an area that a service bulletin (SB) recommended for inspection. Contributing to the accident was maintenance personnel’s inadequate compliance with the SB.

Let the Wars Begin: Argentine Court Orders Seizure of Falklands/Malvinas ‘Illegal’ Oil Drillers’ Assets for Failing to Obtain Permits


Published in Oil Industry News on Sunday, 28 June 2015

Graphic for Argentine Court Orders Seizure of Falklands/Malvinas ‘Illegal’ Oil Drillers’ Assets in Oil and Gas News
Argentina has ordered the seizure of assets belonging to foreign drilling companies operating in the vicinity of Falklands / Malvinas Islands, saying they have failed to obtain the necessary permissions from Buenos Aires to conduct exploration.

A federal judge in Tierra del Fuego, Lilian Herraez, has ordered authorities to seize the assets of five companies drilling for oil in the Falklands worth $156 mn. The measure was ordered following a request of a prosecutor from the Office of Economic Crime and Money Laundering (PROCELAC).

According to the prosecution, the order to seize assets was issued for “illegal activities of exploration, search and eventual extraction of hydrocarbons in proximity to the Falkland Islands” because the companies in question failed to obtain permits issued by “the competent authority in Argentina.”

According to a legal brief, the order involves halting the activities of the semi-submersible “Eirik Raude” rig and the floating dock“Noble Frontier”. Herraez also ordered the seizure of all vessels.

The five companies mentioned are: Premier Oil Plc, Rockhopper Exploration Plc, Falkland Oil and Gas Ltd, Noble Energy Inc and Edison International Spa. Three of them are UK based, one is American and the fifth is French-owned, based in Italy.

It remains unclear how these companies’ assets are supposed to be appropriated from territory officially under the jurisdiction and sovereignty of the United Kingdom. The companies in question do not generally hold any assets in Argentina or use Argentine waters, a source told Reuters.

However, the Argentine prosecutor’s office said it “had identified the assets of the foreign companies and discovered that one of them, the US firm Noble Energy, has a local office registered in Argentina.” Authorities will move to freeze those assets, it said.

“The foreign ministry will be notified of the court order so that by diplomatic means and in compliance with international treaties it can be carried out,” the prosecutor’s office said in a statement.

In April, a group of British exploration companies found oil and gas in an area north of the Falkland Islands. The oil was discovered by the Eirik Raude floating drilling rig as part of an eight month exploration campaign. Argentina has predictably not been happy about the exploration activity, which is bound to further inflame tensions over the island’s disputed ownership.

In Argentina, the Falkland Islands are known as the 'Islas Malvinas.' The dispute between the UK and Argentina over the sovereignty of the islands has reemerged in recent years under President Cristina Fernandez de Kirchner.

“The foreign ministry will be notified of the court order so that by diplomatic means and in compliance with international treaties it can be carried out,” the prosecutor’s office said in a statement.

In April, a group of British exploration companies found oil and gas in an area north of the Falkland Islands. The oil was discovered by the Eirik Raude floating drilling rig as part of an eight month exploration campaign. Argentina has predictably not been happy about the exploration activity, which is bound to further inflame tensions over the island’s disputed ownership.

In Argentina, the Falkland Islands are known as the 'Islas Malvinas.' The dispute between the UK and Argentina over the sovereignty of the islands has reemerged in recent years under President Cristina Fernandez de Kirchner.
Source: www.rt.com

Bicyclist, motorcyclist, pedestrian deaths/injuries on the rise across the United States: Bicyclist Killed by out-of-control SUV in Stroudsburg, PA

the driver of the SUV ran off Main Street and onto the sidewalk, where he hit at least two other vehicles and took down several light poles.

sTROUD fATAL 6-28



Stroudsburg, PA

Police in Stroudsburg say a bicyclist was killed early Sunday morning when he was hit by an out of control SUV along Main Street in Stroudsburg.

The victim has not yet been identified.

According to officials, the driver of the SUV ran off Main Street and onto the sidewalk, where he hit at least two other vehicles and took down several light poles.

A portion of the 700 block of Main Street was closed most of Sunday morning.
At least four businesses in the area of the crash had to close because customers could not get to them.

The driver, who authorities say is from Monroe County, was taken to the hospital to have his blood drawn.

Police are waiting for the results from that blood test to determine whether charges will be filed after Sunday morning’s deadly crash in Stroudsburg.

2 motorcyclists killed after high speed motorcycle crash on Eisenhower Expressway in Illinois




Two people died in a car crash on the Eisenhower Expressway early Sunday near west suburban Westchester, police said.

Shortly before 2 a.m., Illinois State Police responded to a crash involving a gray 2010 BMW motorcycle, a green Mercedes sedan, a gray Toyota and a blue Toyota, according to a release.

A preliminary investigation revealed the BMW motorcycle was traveling with a group of motorcycles at a high rate of speed on westbound Interstate 290 at Mannheim. The BMW motorcycle struck a concrete median, and the driver and his passenger were thrown into the westbound lanes, police said.

The motorcycle then struck a light pole, which fell into the eastbound lanes of I-290. The Mercedes and two Toyotas on eastbound I-290 then struck the light pole.

Police said Matthew P.Summers, 41, of Crystal Lake and his passenger, Miranda A. Valles, 21, of Downers Grove, were pronounced dead. They were both on the motorcycle that crashed into the median, police said.

All drivers and passengers were wearing seat belts, police said. The cause of the crash was still under investigation.

East and westbound lanes of the expressway were closed for several hours after the accident.

10-year young girl drowned, 2 brothers hospitalized after Irving, Texas apartment complex pool tragic accident while mom was watching in horror

JUNE 25, 2015


IRVING, Texas (AP)

Authorities say a 10-year-old girl drowned and her two brothers are hospitalized after being pulled from a pool at a Dallas-area apartment complex.

The Dallas County Medical Examiner's Office on Thursday confirmed the girl died following the accident in Irving but didn't immediately release her name. 

 Police didn't immediately release details on conditions of her hospitalized brothers, ages 9 and 11.

Irving police say the children's mother summoned help Wednesday afternoon when she noticed her daughter and her sons went under. Police say the mother, who can't swim, was at the shallow end of the pool with her 3-year-old child when she could no longer hear the older children.

A maintenance worker and a bystander had pulled two youngsters from the pool by the time emergency personnel arrived.

RUSSIANS ARE CELEBRATING AND NASA IS NAUSEATING AFTER MASSIVE EXPLOSIVE FAILURE OF MUSK’S SPACEX FALCON 9 ROCKET











June 28, 2015

Miami, Florida (AFP)

An unmanned SpaceX rocket exploded less than three minutes after liftoff from Cape Canaveral, Florida on Sunday, in the first major disaster for the fast-charging company headed by Internet tycoon Elon Musk.
The accident was the third in less than a year involving US and Russian supply ships bound for the International Space Station, and raised new concerns about the flow of food and gear to the astronauts living in orbit.

Skies were sunny and clear for the 10:21 am (1421 GMT) launch of the gleaming white Falcon 9 rocket that was meant to propel the Dragon cargo ship on a routine supply mission, the seventh for SpaceX so far.

But two minutes, 19 seconds into the flight, contact was lost. Live television images from SpaceX's webcast and NASA television showed a huge puff of smoke billowing outward for several seconds, then tiny bits of the rocket falling like confetti against a backdrop of blue sky.

"The vehicle has broken up," said NASA commentator George Diller.
SpaceX's live webcast of the launch went silent as the rocket exploded.

Moments later, a SpaceX commentator said the video link from the vehicle had been lost.

"There was some kind of anomaly during first stage flight," the commentator said, noting that the rocket had ignited its nine Merlin engines and reached supersonic speed.

Later, on Twitter, Musk said the Falcon 9 "experienced a problem shortly before first stage shutdown," referring to the phase of flight before the cargo ship would have been able to separate from the first stage of the rocket and reach orbit.

The problem appeared to be linked to excessive pressure in the liquid oxygen tank, Musk wrote.

"Data suggests counterintuitive cause," said Musk, a lifelong space enthusiast who also heads Tesla Motors.

  
"That's all we can say with confidence right now." 

More details were expected in a NASA press conference scheduled for no earlier than 12:50 pm (1650 GMT).

- Cargo concerns -

The loss came as a surprise to many who have followed Musk's California-based company through more than a dozen successful launches, even as competitor Orbital Sciences lost one of its rockets in an explosion in October, and a Russian Progress supply ship was lost after liftoff in April.

"These things do happen, but this was not the best time for this to happen," said Marco Caceres, a rocket industry analyst with the Teal Group.

"The one thing you could count on over the past few years was that the Falcon 9 was going to perform and was going to perform well," he told AFP.

"In the midst of all this other chaos in the launch industry this was like, the one stable point and now we don't have that," he told AFP.

Caceres said the accident forces SpaceX, which has a billion-dollar-plus contract with NASA for supplying the ISS but is also competing with Boeing to send astronauts there by 2017, to launch again quickly.

"The moment they launch again successfully, this accident starts to fade into history really quickly. The longer they wait to launch again, the more people start talking about, 'Maybe we were too overconfident about SpaceX,'" he said.

The Dragon cargo ship was carrying 4,000 pounds (1,800 kilograms) of gear to the space station, including a large parking space, known as an International Docking Adaptor, designed to make it easier for an array of commercial crew spacecraft to dock at the orbiting lab in the future. 

"Very sorry to see @SpaceX launch failure. Serious ramifications for Space Station resupply. Good thing it's international," wrote Canadian astronaut Chris Hadfield on Twitter.

NASA administrator Charles Bolden said the US space agency was "disappointed" at the loss but that the space station has "sufficient supplies for the next several months."

A Russian Progress supply ship is scheduled to launch July 3, followed in August by a Japanese HTV flight, Bolden said. 

"Orbital ATK, our other commercial cargo partner, is moving ahead with plans for its next launch later this year." 

Three men are currently living at the space station. Russian cosmonaut Mikhail Kornienko and American astronaut Scott Kelly began their year-long mission in orbit back in March.

"Sadly failed. Space is hard," Kelly said on Twitter, posting a picture of his view of the Florida coast from space.

Earlier Sunday, station commander, Russian cosmonaut Gennady Padalka, 57, set a new world record when he became the person who has officially spent the longest amount of cumulative time in space -- 804 days.

His career includes one trip to the Mir Space Station and four to the ISS.