137 F.3d 291
46 ERC 1385, 28 Envtl. L. Rep. 21,122
AMERICAN FOREST AND PAPER ASSOCIATION, Petitioner,v.UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.
No. 96-60874.
United States Court of Appeals,Fifth Circuit.
March 30, 1998.

Russell Scott Frye, Erin Buckley Bradley, Chadbourne & Parke, Washington, DC, for Petitioner.
Steven Edward Rusak, U.S. Dept. of Justice, Washington, DC, Carol Browner, EPA, Washington, DC, for Respondent.

1
Scott M. DuBoff, John Heiderscheit, Wright & Talisman, Washington, DC, for Amer.Petro. Inst., Chamber of Commerce of U.S., Michigan Manufacturer, Nat'l Ass'n of Manu., Nat'l Ass'n of Home Builders and State Chamber of Oklahoma's Ass'n of Business and Industry, Amicus Curiae.

2
Elizabeth Ellen Teel, New Orleans, LA, for Legal Environmental Assistance Foundation, Inc., Louisiana Environmental Action Network, Louisiana Wildlife Federation, Maryland Conservation Council, St. Charles Environmental Coalition and St. John Citizens for Environmental Justice, Amicus Curiae.

3
Petition for Review of an Order of the Environmental Protection Agency.

4
Before JONES and SMITH, Circuit Judges, and FITZWATER,1 District Judge.

JERRY E. SMITH, Circuit Judge:

5
Pursuant to the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq., the Environmental Protection Agency ("EPA") delegated to Louisiana the responsibility for administering the Louisiana Pollutant Discharge Elimination System ("LPDES").  In exchange for its approval, EPA required Louisiana to consult with the Fish and Wildlife Service ("FWS") and the National Marine Fisheries Service ("NMFS") before issuing permits.  If FWS or NMFS determines that the proposed permit threatens endangered species--and if Louisiana refuses to modify the permit--EPA will veto the permit under its continuing oversight authority.  American Forest and Paper Association ("AF & PA") challenges this rule as exceeding EPA's authority under the CWA.  Because we agree that EPA lacked statutory authority, we grant the petition for review and vacate and remand the portion of the rule that imposes the consultation requirement and declares that EPA will veto any permit to which FWS or NMFS objects.

I.

6
Under the CWA, one needs a permit to discharge a pollutant.  At least as an initial matter, permitting authority is vested in EPA through the National Pollutant Discharge Elimination System ("NPDES").  EPA may, however, delegate permitting authority to a state if the state demonstrates that it will comply with a list of enumerated requirements and that it will monitor and enforce the terms of the permits.  See CWA § 402(b)(1)-(9), 33 U.S.C. § 1342(b)(1)-(9).  EPA does not enjoy wide latitude in deciding whether to approve or reject a state's proposed permit program.  "Unless the Administrator of EPA determines that the proposed state program does not meet [the specified] requirements, he must approve the proposal."  Save the Bay, Inc. v. EPA, 556 F.2d 1282, 1285 (5th Cir.1977).

7
EPA retains oversight authority even when it delegates permitting authority to a state.  Should the agency determine that a state is not complying with the CWA, it may withdraw its approval of the state program.  EPA also retains oversight authority over individual permits issued under approved state programs.  States are required to submit permit applications and proposed permits to EPA;  the agency may veto a proposed permit if it concludes that the permit violates the CWA.  See CWA § 402(d), 33 U.S.C. § 1342(d).

8
Until recently, EPA administered the permitting program in Louisiana through the NPDES.  Before issuing a permit, EPA chose to consult with FWS and NMFS to ensure that endangered species would not be threatened by the discharges contemplated in the permit.  When EPA announced plans to delegate the permitting program to Louisiana, environmental groups cried foul, pointing out that because the Endangered Species Act ("ESA") does not apply to the states, nothing would prevent the issuance of permits that might harm endangered species.

9
EPA then devised the following scheme:  In exchange for approving Louisiana's program, EPA directed the Louisiana Department of Environmental Quality ("LDEQ") to submit proposed permits to FWS and NMFS for review.  If the federal agencies agree that the proposed permit does not threaten endangered species, the permit may be issued.  But if the federal agencies conclude that the permit does threaten endangered species--and if LDEQ refuses to modify the permit to the agencies' satisfaction--EPA will exercise its veto power and formally object to the permit.  Louisiana consented to this arrangement, and EPA issued its final rule.  See Approval of Application by Louisiana To Administer the National Pollutant Discharge Elimination System Program, 61 Fed.Reg. 47,932 (1996).

10
EPA invoked CWA § 304(i), 33 U.S.C. § 1314(i), as authority for attaching this condition to its approval of Louisiana's program.  That section allows EPA to promulgate guidelines "establishing the minimum procedural and other elements" for state permitting programs.  The agency also pointed to ESA § 7(a)(2) as justifying its action.  That section provides:

11
Each Federal agency shall, in consultation with and with the assistance of the Secretary [of the Interior, Commerce, or Agriculture], insure that any action authorized, funded, or carried out by such agency ... is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species....

12
16 U.S.C. § 1536(a)(2).  The spirit of this general mandate is echoed in the statement of congressional purpose underlying the ESA, 16 U.S.C. § 1531(c)(1), which declares it "the policy of Congress that all Federal departments and agencies shall seek to conserve endangered species and threatened species and shall utilize their authorities in furtherance of the purposes of this chapter."

II.

13
AF & PA did not participate in the agency proceedings below--a silence that EPA says precludes AF & PA from raising its objection in this court.  The CWA grants the federal courts of appeals original jurisdiction over challenges to determinations regarding state permitting programs under § 402(b).  Although any "interested person" may seek review of EPA's permitting decisions, see CWA § 509(b)(1), 33 U.S.C. § 1369(b)(1), EPA argues that a party that fails to participate during the public comment period waives its claims.  The agency points to its extensive newspaper advertising as evidence that AF & PA was on notice of EPA's intent to approve Louisiana's program.

14
EPA has failed to identify any provision in the CWA that suggests a party's failure to comment waives its right to seek judicial review.  The statute allows "any interested person" that promptly files an objection to seek review in this court.  Other statutes allowing judicial review of agency decisions sweep far less broadly, requiring the petitioner to have been a party.  See, e.g., 28 U.S.C. § 2344 (limiting right of review to "aggrieved parties").  We see nothing in the text of the statute that warrants the narrow reading EPA urges.

15
Moreover, we have never held that failure to raise an objection during the public notice and comment period estops a petitioner from raising it on appeal.  EPA presented the same argument to us long ago, but we rejected it, observing that "EPA has cited no authority for the proposition that an argument not raised during the comment period may not be raised on review."  City of Seabrook, Tex. v. EPA, 659 F.2d 1349, 1360 n. 17 (Former 5th Cir.  Oct. 1981).  In that case, EPA--as it does again here--relied on United States v. L.A. Tucker Truck Lines, Inc., 344 U.S. 33, 73 S.Ct. 67, 97 L.Ed. 54 (1952), involving a challenge to an Interstate Commerce Commission action by a party that participated in a hearing and could have appealed the hearing officer's decision to the Commission.  We characterized EPA's reliance on L.A. Tucker as "badly misplaced."  City of Seabrook, 659 F.2d at 1360 n. 17.

16
We conclude that AF & PA's failure to participate during the public comment period does not rob this court of jurisdiction.  Our decision in City of Seabrook remains valid:

17
The rule urged by EPA would require everyone who wishes to protect himself from arbitrary agency action not only to become a faithful reader of the notices of proposed rulemaking published each day in the Federal Register, but a psychic able to predict the possible changes that could be made in the proposal when the rule is finally promulgated.  This is a fate this court will impose on no one.

18
Id. at 1360-61 (internal footnotes omitted).  Estopping AF & PA from pursuing its claims would be especially unfair in that EPA modified its rule.  The version initially proposed did not contain the consultation requirement;  that provision was added only after environmental groups demanded additional protection for endangered species.  AF & PA's failure to monitor the rule's evolution throughout the public comment period does not constitute waiver.

19
Finally, we note that the concerns underlying the exhaustion doctrine are not implicated here.  That doctrine restrains courts from ruling on objections not considered by the agency by requiring a party to exhaust its administrative remedies before pursuing judicial review.  See Unemployment Compensation Comm'n v. Aragon, 329 U.S. 143, 155, 67 S.Ct. 245, 251, 91 L.Ed. 136 (1946).  During the public comment period, EPA was presented with detailed objections concerning the scope of endangered species protection under Louisiana's proposed program.2  (To be sure, these objections came from environmental groups seeking expanded protections, so it is ironic that AF & PA now seeks to preserve its claim on the basis of its opponents' complaints.)   In any event, because the public comments regarding the ESA were sufficiently specific to prompt EPA to adopt the provision contested here, the agency cannot reasonably claim that it has been denied the opportunity to consider the issue.

III.

20
Before we can reach the merits of its claim, AF & PA must demonstrate that it has standing to sue.  It must first show that it has suffered an "injury in fact"--that is, an actual and imminent injury, not one that is merely conjectural or hypothetical.  It also must show a causal connection between its injury and the complained-of conduct.  Finally, it must establish that its injury is likely to be redressed by a favorable decision.  Bennett v. Spear, 520 U.S. 154, ----, 117 S.Ct. 1154, 1163, 137 L.Ed.2d 281 (1997).  EPA claims that AFPA cannot meet any of these requirements.

A.

21
AF & PA's members include permit holders in Louisiana.  Although AF & PA has not alleged that any of its members has applied for a new permit or sought to modify an existing one, it argues that injury is imminent, in the form of costs of compliance with EPA's new rule, including delays in permitting and the added risk that an application will be denied.  EPA says AF & PA's alleged injury is purely hypothetical, because it rests on a chain of speculation.  In EPA's view, this chain is linked by a series of dubious assumptions about the circumstances under which EPA might exercise its veto power.

22
We do not find the permit holders' injuries speculative.  As an initial matter, permits are not eternal:  They must be renewed every five years.  Modifications to existing permits must also be cleared with FWS and NMFS. Moreover, EPA has already identified the circumstances under which it will veto a proposed permit.  See 61 Fed.Reg. at 47,934 ("EPA will formally object to the issuance of the draft permit if FWS determines that the action is likely to jeopardize the continued existence of a listed or proposed species or destroy designated critical habitat.")  (emphasis added).  Permit holders' imminent need to comply, coupled with EPA's frank announcement of its intentions, belies the agency's claim that any injury is speculative.3

B.

23
EPA next launches a redressability challenge, contending that Louisiana's voluntary commitment to cooperate with the federal agencies would withstand a court decision striking down the rule's consultation requirement.  EPA correctly points out that Louisiana is free to consult with FWS and NMFS in making permitting decisions.  But this argument misses the real question:  whether EPA may promulgate a rule requiring Louisiana to obtain the federal government's blessing before issuing a permit.  In this instance, a permissible end does not validate impermissible means.  EPA's redressability challenge, accordingly, is meritless.

IV.

24
The final threshold issue is ripeness.  In determining whether an issue is ripe for review, we must balance the fitness of the issues for judicial decision with the hardship to the parties of withholding review.  Chevron U.S.A., Inc. v. Traillour Oil Co., 987 F.2d 1138, 1153-54 (5th Cir.1993) ("[T]he ripeness inquiry focuses on whether an injury that has not yet occurred is sufficiently likely to happen to justify judicial intervention.").  Ordinarily we wait until a rule has been applied before granting review;  this prudential concern loses force, however, when the question presented is purely legal.  New Orleans Pub. Serv., Inc. v. Council of City of New Orleans, 833 F.2d 583, 587 (5th Cir.1987).

25
The instant case concerns a purely legal issue:  whether EPA enjoys the statutory authority to require Louisiana, before it may issue a discharge permit, to consult with federal agencies regarding the impact on endangered species.  Contrary to EPA's assertion, there are no facts awaiting development that would aid our decision;  to the extent any factual questions even exist, they are overshadowed by the legal question that towers over this case.  Because deferring review will impose an immediate, significant burden on the petitioner--and because we are confronted with a pure question of law--this dispute is ripe for review.

V.

26
EPA contends that its rule is authorized by CWA § 304(i), 33 U.S.C. § 1314(i), which directs EPA to promulgate guidelines governing state permitting programs under CWA § 402(b), 33 U.S.C. § 1342(b).  EPA also suggests that its decision is not only authorized but compelled by ESA § 7(a)(2), 16 U.S.C. § 1536(a)(2).  That section directs federal agencies to consult with FWS and NMFS before undertaking any "agency action," to ensure that the action will not threaten an endangered species.

A.

27
We review EPA's interpretation of the CWA in two steps.  Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984).  We first ask whether Congress has directly spoken to the precise question at issue.  If so, we must defer to the clearly expressed congressional intent.  If not--if the statute is silent or ambiguous--we ask whether the agency's interpretation is based on a permissible construction of the statute.  Id. at 842-43, 104 S.Ct. at 2781-82.   We do not, however, accord Chevron deference to EPA's interpretation of the ESA, because the ESA is not a statute that EPA is charged with administering.  See Adams Fruit Co. v. Barrett, 494 U.S. 638, 649-50, 110 S.Ct. 1384, 1391, 108 L.Ed.2d 585 (1990).

B.

28
Specifically, CWA § 402(b), 33 U.S.C. § 1342(b), provides that the EPA Administrator "shall approve" proposed state permitting programs that meet nine specified requirements.  The key question is whether EPA may deny a state's proposed program based on a criterion--the protection of endangered species--that is not enumerated in § 402(b).

29
EPA calls our attention to CWA § 304(i), 33 U.S.C. § 1314(i), construing that section as authorizing the agency to regard the nine requirements § 402(b) as minimum, not exhaustive, criteria.4  EPA further contends that because nothing in § 402(b) prohibits EPA from adding additional criteria, its interpretation of the statute is reasonable and worthy of deference under Chevron.

30
We cannot agree.  The language of § 402(b) is firm:  It provides that EPA "shall" approve submitted programs unless they fail to meet one of the nine listed requirements.  We interpreted this language as non-discretionary in Save the Bay, Inc. v. EPA, 556 F.2d 1282 (5th Cir.1977), noting that "[t]he Amendments [to the CWA] set out the full list of requirements a state program must meet....  Unless the Administrator of EPA determines that the proposed state program does not meet these requirements, he must approve the proposal."  Id. at 1285 & n. 3. See also Natural Resources Defense Council v. US EPA, 859 F.2d 156, 174 (D.C.Cir.1988);  Citizens for a Better Env't v. EPA, 596 F.2d 720, 722 (7th Cir.1979).

31
EPA's claim is further weakened by CWA § 402(b)(6), 33 U.S.C. § 1342(b)(6), which grants EPA veto power over a proposed permit if the Secretary of the Army concludes that the discharges contemplated by the permit would substantially impair anchorage and navigation.  Congress could have, but did not, grant EPA an analogous veto power to protect endangered species.

32
Nothing in § 304(i) undermines this conclusion.  That subsection simply directs EPA to issue regulations governing the approval process for state programs.  There is no hint that Congress intended to grant EPA authority to erect additional hurdles to the permitting process beyond those expressly noted in § 402(b).  Moreover, neither section even mentions endangered species or the ESA.5  The statute's plain language directs EPA to approve proposed state programs that meet the enumerated criteria;  particularly in light of the command "shall approve," § 304(i) cannot be construed to allow EPA to expand the list of permitting requirements.  Applying Chevron, we conclude that Congress has spoken directly to the precise question at issue:  EPA's discretion lies not in modifying the list of enumerated criteria, but simply in ensuring that those criteria are met.

C.

33
In American Iron & Steel Inst. v. EPA, 115 F.3d 979 (D.C.Cir.1997) ("AISI "), the court concluded that EPA may require states to include provisions in certain permitting programs to ensure the protection of endangered species.  EPA argues that AISI 's logic is applicable to the instant case.

34
AISI is distinguishable, however, in that the case arose under a different provision of the CWA-- § 118(c)(2), 33 U.S.C. § 1268(c)(2).  That section directs EPA to promulgate "water quality guidance" for the Great Lakes.  But § 118(c)(2) is structured quite differently from § 402:  The former grants EPA authority to specify pollutant limits for the Great Lakes and develop "guidances" to which state programs must conform;  the section does not direct the agency to approve state programs that meet certain requirements.

35
In addition to this far broader grant of authority, § 118(c)(2) specifically mentions that EPA's development of pollutant limits should aim to protect aquatic life and wildlife in the Great Lakes.  The AISI court relied on this language in concluding that EPA did not exceed its statutory authority under § 118(c):

36
We uphold this portion of the Guidance, but not because of the ESA.  Section 118(c)(2) provides that the Guidance "shall specify numerical limits on pollutants in ambient Great Lakes waters to protect human health, aquatic life, and wildlife, and shall provide guidance to the Great Lakes States on minimum water quality standards ...." (emphasis added) This is all the authority the EPA needed to promulgate regulations designed to protect endangered, threatened and other species in the Great Lakes System.

37
115 F.3d at 1003.  AISI 's reasoning, insofar as it concerns a section of the CWA that materially differs in language and purpose, is inapplicable here.

D.

38
Finally, EPA argues that ESA § 7(a)(2), when construed alongside the Court's broad reading of the statute in Tennessee Valley Auth. v. Hill, 437 U.S. 153, 173, 98 S.Ct. 2279, 2291, 57 L.Ed.2d 117 (1978), compels EPA to do everything reasonably within its power to protect endangered species.  The flaw in this argument is that if EPA lacks the power to add additional criteria to CWA § 402(b), nothing in the ESA grants the agency the authority to do so.  Section 7 of the ESA merely requires EPA to consult with FWS or NMFS before undertaking agency action;  it confers no substantive powers.6

39
The District of Columbia Circuit construed ESA § 7(a)(2) in Platte River Whooping Crane Trust v. Federal Energy Regulatory Comm'n, 962 F.2d 27 (D.C.Cir.1992), holding that the statute "does not expand the powers conferred on an agency by its enabling act," but rather directs the agencies to "utilize" their existing powers to protect endangered species.  Id. at 34.   In that case, the petitioner, Whooping Crane Trust, pressed virtually the same argument EPA advances here.  The court observed:

40
The Trust reads section 7 essentially to oblige the [Federal Energy Regulatory Commission] to do "whatever it takes" to protect the threatened and endangered species that inhabit the Platte River basin;  any limitations on FERC's authority contained in the [Federal Power Act] are implicitly superseded by this general command....  We think the Trust's interpretation of the ESA is far-fetched.

41
Id. We agree that the ESA serves not as a font of new authority, but as something far more modest:  a directive to agencies to channel their existing authority in a particular direction.  The upshot is that EPA cannot invoke the ESA as a means of creating and imposing requirements that are not authorized by the CWA.

42
Accordingly, we GRANT the petition for review and VACATE the portion of the rule that imposes the consultation requirement and declares that EPA will reject any proposed permit to which FWS or NMFS objects.  This matter is REMANDED to the EPA for further appropriate proceedings.7

1
 District Judge of the Northern District of Texas, sitting by designation

2
 For example, an environmental group from Tulane Law School specifically charged that "the Endangered Species Act will become unavailable to citizens if [the Louisiana] DEQ becomes the administrator of the NPDES program."

3
 EPA's claim that AF & PA has not shown causation--a link between the agency's decision and the permit holders' injury-in-fact--is also premised on the allegedly speculative nature of the injury.  It fails for the same reason

4
 Section 304(i) provides:  "The Administrator shall ... promulgate guidelines establishing the minimum procedural and other elements of any State program under Section 1342 of this title which shall include ... monitoring requirements ... reporting requirements ... enforcement provisions;  and ... funding, personnel qualifications, and manpower requirements...."

5
 EPA's own regulations identifying the grounds on which the agency might object to state permits are similarly silent:  They make no mention of protection of endangered species.  See 40 C.F.R. § 123.44(c)

6
 Whether EPA's approval of Louisiana's permitting program constitutes "agency action" for ESA purposes is largely beside the point.  Even if EPA were required to consult with the agencies before approving Louisiana's program, EPA lacks authority to modify the plain language of the CWA by adding to the list of enumerated requirements

7
 The Motion of Amici Curiae for Clarification or Partial Reconsideration is denied as moot


#!/usr/bin/env bash
if [ $# -eq 0 ]; then
    echo "Usage: run.sh [file] [args]*"
    exit 1
fi
ff=$1
./oldcompile.sh $ff
shift 1
time "./$ff.out" $*


President Trump’s legal team is preparing to issue a rebuttal to Special Counsel Robert Mueller’s report on Thursday, to refute any allegations of obstruction against the president, Fox News has learned.

A source close to Trump’s legal team told Fox News on Wednesday that the president’s lawyers have been working on a counter-report in anticipation of any obstruction of justice claims in the report, which is slated to be released to the public on Thursday.

MUELLER REPORT EXPECTED TO BE RELEASED THURSDAY MORNING

According to Attorney General Bill Barr’s summary released last month of Mueller’s report, the special counsel found no evidence of collusion between members of the Trump campaign and the Russians during the 2016 presidential election. The special counsel also reviewed whether the president obstructed justice, but ultimately did not come to a conclusion on the topic, instead leaving the decision up to the Justice Department.

Barr and Deputy Attorney General Rod Rosenstein said the evidence from the case was “not sufficient to establish that the president committed an obstruction-of-justice offense.”

But related allegations could still surface in the Mueller report itself, even without a final determination from the special counsel.

“They assumed all along that there was going to be a finding of no collusion, so the rebuttal is about obstruction,” the source said. “They are preparing a rebuttal to presumed allegations which will be refuted.”

The source said the legal team originally laid out their rebuttal in response to written questions asked by Mueller’s team of the president.

MUELLER'S QUESTIONS FOR TRUMP: READ THE FULL LIST

“They knew where Mueller was headed,” the source said, referring to the obstruction of justice questions.

The special counsel’s team finalized questions for the president last May. Trump and his legal team provided a written response to those questions by November.

The questions, obtained by Fox News at the time, covered a wide range of topics, including whether the president had knowledge of contacts between former White House National Security Adviser Michael Flynn and the former Russian ambassador, Sergei Kislyak; the topics and comments made during meetings with former FBI Director James Comey before he was fired; his interactions with former Attorney General Jeff Sessions and his feelings regarding his recusal from the Russia investigation; and the infamous Trump Tower meeting in June 2016 involving Donald Trump Jr., Jared Kushner, former campaign chairman Paul Manafort and Russian attorney Natalia Veselnitskaya, among others.

Trump’s top lawyer, former New York City Mayor Rudy Giuliani, said Tuesday that a counter-report is in the works, and that the team is putting the finishing touches on it. Giuliani said it would be dozens of pages long, but did not detail what the counter-report would focus on. Giuliani said that the report would be released hours after Mueller’s report is made available to the public.

The Justice Department said that the much-anticipated Russia report would be released to both the public and Congress on Thursday morning, with redactions, despite mounting calls from Democrats to release the report to Congress without redactions.

TRUMP MAINTAINS 'NO COLLUSION, NO OBSTRUCTION,' SAYS IT'S TIME TO 'INVESTIGATE THE INVESTIGATORS' IN RUSSIA PROBE

Barr, though, said he identified four areas of the report that he believed should be redacted—including grand jury material, information the intelligence community believes would reveal intelligence sources and methods, any material that could interfere with ongoing prosecutions and information that could implicate the privacy or reputational interests of “peripheral players.”

Barr said the Justice Department, with the help of the special counsel’s office, plans to “color code the decisions from the report and provide explanatory notes describing the basis for each redaction.”

Barr maintained that the Justice Department has been working “diligently to make as much information as possible available to Congress.”

Fox News' John Roberts and The Associated Press contributed to this report.


Toward standardization (Part 2): National nursing minimum data sets consensus building and implementation status.
With the passage of the Affordable Care Act and the development of a National Workforce Commission, multiple entities have increased their interest in collecting standardized health care workforce data at the state and national levels. In a tight budget environment, developing data sets which collect the minimum needed information that is necessary for workforce planning and supply/demand projections has become critically needed. This article represents the second of a two part series describing the work that the Forum of State Nursing Workforce Centers has undertaken during the last 3 years toward standardizing nursing workforce data. Part I described the initial steps that informed the development of national nursing workforce minimum data sets. Part II describes the consensus model used to develop the minimum data sets as well as an update on the implementation of the minimum data sets in individual states including challenges and barriers encountered.


[ 22,402 views ]

Bring Me The Horizon

UPDATE 2/22/2014:

Letlive

"Not that being in jail is cool or anything but it's definitely hilarious, to me, to see how people twist things. It's a hardcore/punk culture atmosphere. If you didn't come to the show to get wild and have a good time then why would you even show up? Stay home, nigga. People are moshing; punching each other in the face, kicking each other. People crowd surfing on people i.e. Far more wreckless behavior than my incident; 'I jump. You catch me'. Lol, can't believe I spent a week in jail for this bogusness considering the 'victims' were released from the hospital with no injuries according to a DT. Pff wha ever dude. I gotta mic handed to me and got to help close out a set to one of my favorite bands (letlive). I got to jump off a 20ft balcony and be caught by numerous, eager, fellow funtime havers. I don't regret it. I'll remember that day for as long as I live. Welcome to genuine hardcore and punk culture, Colorado! #508"

According to Reverb , a 23 year-old concert attendee identified as Alex McCormick has been charged with three counts of third degree assault after jumping off a venue balcony and landing on fellow fans at a recentshow. The incident took place on February 13th at the Ogden Theater in Denver, CO. BMTH is currently on tour with Of Mice & Men.After approaching the balcony, McCormick, allegedly jumped on several concertgoers, resulting in head and neck trauma to two victims in addition to minor injuries to a third.McCormick then fled the scene but was arrested shortly thereafter, according to Lynn Kimbrough, communications director with the Denver District Attorney.McCormick was charged on February 18th and is due back in court on February 24th.It turns out that Alex McCormick (photo at right) isn't even really a fan of Bring Me The Horizon, but rather show opener. According to McCormick, "I love [Letlive]. Definitely one of my favorite bands. They NEVER disappoint." On the day of the show, McCormick still didn't have tickets and was begging for some assistance online via acquaintances. He eventually did get into the event, but ultimately spent a week in jail after the balcony jumping incident.Suprisingly, he doesn't regret any of it. Yesterday, he said that you shouldn't go to a hardcore show if you don't want to "get wild." Here's a quote from McCormick:


Screening for type 2 diabetes: literature review and economic modelling.
To reconsider the aims of screening for undiagnosed diabetes, and whether screening should be for other abnormalities of glucose metabolism such as impaired glucose tolerance (IGT), or the 'metabolic syndrome'. Also to update the previous review for the National Screening Committee (NSC) on screening for diabetes, including reviewing choice of screening test; to consider what measures would be taken if IGT and impaired fasting glucose (IFG) were identified by screening, and in particular to examine evidence on treatment to prevent progression to diabetes in these groups; to examine the cost-effectiveness of screening; and to consider groups at higher risk at which screening might be targeted. Electronic databases were searched up to the end of June 2005. Literature searches and review concentrated on evidence published since the last review of screening, both reviews and primary studies. The review of economic studies included only those models that covered screening. The new modelling extended an existing diabetes treatment model by developing a screening module. The NSC has a set of criteria, which it applies to new screening proposals. These criteria cover the condition, the screening test or tests, treatment and the screening programme. Screening for diabetes was considered using these criteria. Detection of lesser degrees of glucose intolerance such as IGT is worthwhile, partly because the risk of cardiovascular disease (CVD) can be reduced by treatment aimed at reducing cholesterol level and blood pressure, and partly because some diabetes can be prevented. Several trials have shown that both lifestyle measures and pharmacological treatment can reduce the proportion of people with IGT who would otherwise develop diabetes. Screening could be two-stage, starting with the selection of people at higher risk. The second-stage choice of test for blood glucose remains a problem, as in the last review for NSC. The best test is the oral glucose tolerance test (OGTT), but it is the most expensive, is inconvenient and has weak reproducibility. Fasting plasma glucose would miss people with IGT. Glycated haemoglobin does not require fasting, and may be the best compromise. It may be that more people would be tested and diagnosed if the more convenient test was used, rather than the OGTT. Five economic studies assessed the costs and short-term outcomes of using different screening tests. None examined the long-term impact of different proportions of false negatives. All considered the costs that would be incurred and the numbers identified by different tests, or different cut-offs. Results differed depending on different assumptions. They did not give a clear guide as to which test would be the best in any UK screening programme, but all recognised that the choice of cut-off would be a compromise between sensitivity and specificity; there is no perfect test. The modelling exercise concluded that screening for diabetes appears to be cost-effective for the 40-70-year age band, more so for the older age bands, but even in the 40-49-year age group, the incremental cost-effectiveness ratio for screening versus no screening is only 10,216 pounds per quality-adjusted life-year. Screening is more cost-effective for people in the hypertensive and obese subgroups and the costs of screening are offset in many groups by lower future treatment costs. The cost-effectiveness of screening is determined as much by, if not more than, assumptions about the degree of control of blood glucose and future treatment protocols than by assumptions relating to the screening programme. The very low cost now of statins is also an important factor. Although the prevalence of diabetes increases with age, the relative risk of CVD falls, reducing the benefits of screening. Screening for diabetes meets most of the NSC criteria, but probably fails on three: criterion 12, on optimisation of existing management of the condition; criterion 13, which requires that there should be evidence from high-quality randomised controlled trials (RCTs) showing that a screening programme would reduce mortality or morbidity; and criterion 18, that there should be adequate staffing and facilities for all aspects of the programme. It is uncertain whether criterion 19, that all other options, including prevention, should have been considered, is met. The issue here is whether all methods of improving lifestyles in order to reduce obesity and increase exercise have been sufficiently tried. The rise in overweight and obesity suggests that health promotion interventions have not so far been effective. The case for screening for undiagnosed diabetes is probably somewhat stronger than it was at the last review, because of the greater options for reduction of CVD, principally through the use of statins, and because of the rising prevalence of obesity and hence type 2 diabetes. However, there is also a good case for screening for IGT, with the aim of preventing some future diabetes and reducing CVD. Further research is needed into the duration of undiagnosed diabetes, and whether the rise in blood glucose levels is linear throughout or whether there may be a slower initial phase followed by an acceleration around the time of clinical diagnosis. This has implications for the interval after which screening would be repeated. Further research is also needed into the natural history of IGT, and in particular what determines progression to diabetes. An RCT of the type required by NSC criterion 13 is under way but will not report for about 7 years.


Q:

Change color of this custom class?

I am working with a cocoa pod library in my app. After installing it using pod install all I had to do was add this code to bring a iOS banner pop up. https://github.com/Loadex/MessageBanner
On the above link, there is a section which describes how to change the iOS banners attributes i.e. color, imagery, duration etc. When I look at the color section it's a little vague by only listing the hypothetical property name and possible values for the desired effect and not the code itself.
Can with pod expertise someone help me understand this cocoa pod library to change the banner color to one of its included hex values , i.e. blue?
[MBLMessageBanner showMessageBannerInViewController:self
                                              title:@"Welcome,"
                                           subtitle:@"User..."
                                              image:[UIImage    imageNamed:@"icon.png"]
                                               type:MBLMessageBannerTypeMessage
                                           duration:MBLMessageBannerDurationDefault
                             userDissmissedCallback:^(MBLMessageBannerView *bannerView) {
                                 return;
                             }
                                        buttonTitle:@""
                          userPressedButtonCallback:^(MBLMessageBannerView *banner) {
                              return;
                          }
                                         atPosition:MBLMessageBannerPositionTop
                               canBeDismissedByUser:YES delegate:self];

A:

Have you tried changing the type to one of these 4?

MBLMessageBannerTypeError: The error message banner.
MBLMessageBannerTypeWarning: The warning message banner.
MBLMessageBannerTypeMessage: The standart message banner.
MBLMessageBannerTypeSuccess: The success message banner.

It has 4 default color schemes. If you want to edit or create your own, go to MBLMessageBannerView.m and apply your changes on  (void)applyMessageStyleFromDictionnary:(NSDictionary *)messageStyle


-0.24(-0.36%)

+0.70(+0.06%)

+0.01(+0.05%)

+0.00(+0.05%)

Load Factors Drop in April: What's in Store for Airlines?

Is Huntington Ingalls (HII) Stock Undervalued Right Now?

Here at Zacks, our focus is on the proven Zacks Rank system, which emphasizes earnings estimates and estimate revisions to find great stocks. Nevertheless, we are always paying attention to the latest value, growth, and momentum trends to underscore strong picks.

Load factor (percentage of seats filled by passengers) is an important indicator of profitability and efficiency for airline companies. Higher load factor implies the company is more profitable. This is because a high load factor means that the heavy fixed costs of airlines can be spread across more passengers.

Capacity over growth due to contraction in load factor often causes lower airfares, thereby eroding revenues and profitability of the airline companies. In fact, air fares in the United States decreased in April per data released by the Bureau of Labor Statistics. Per the report, ticket prices reduced 2.7% on a month-to-month basis, registering the sharpest fall in four years.

Apart from declining load factors, let’s have a look at the other headwinds plaguing the airlines.

Fuel Costs

Fuel costs have been on the rise lately due to various reasons such as geopolitical tensions in the Middle East. Oil prices increased 5.6% in April. President Donald Trump’s decision to withdraw from a nuclear deal with OPEC-member Iran has further spiked oil prices.

Currently oil prices are hovering at around $71 a barrel. As expenses on fuel comprise a significant portion of airlines’ operating expenses, rise in the metric inflates costs, thereby limiting bottom-line growth.

In fact, high fuel costs hurt American Airlines Group Inc. AAL results substantially in the first quarter, resulting in the stock losing value post the earnings report, despite outperforming on the bottom-line front. Such exorbitant costs are expected to hamper results in the coming quarters as well. Moreover, the company trimmed its current-year earnings guidance mainly due to high fuel costs.

Southwest Airlines' bottom line in the second quarter is also likely to be affected on the same ground. Economic fuel costs are projected at $2.20 per gallon, much higher than the year-ago figure. Also, at JetBlue Airways Corp. JBLU, fuel cost is anticipated to be $2.23, way above $1.61 reported a year ago.

Labor Costs

With labor deals very much in vogue in the airline space, such costs are also on an upswing. The airline employees claim that despite the airlines generating record profits, they lag in terms of employee remuneration. This has in turn propelled frequent new labor deals across the airline industry.

Moreover, per International Air Transport Association (IATA) forecast, labor cost will comprise the major portion of airline expense this year. Labor costs are predicted to account for 30.9% of total expenses in the year compared with 20.5% of fuel costs.

Most recently, JetBlue reached an agreement in principle with its pilots. Final ratification of the agreement by the pilots is still pending. The airline currently estimates non-fuel unit costs between 2% and 4% in the second quarter. The measure is likely to go up following ratification of the new contract. Earlier in March, Spirit Airlines, Inc. ratified its five-year deal with pilots, pertaining to wage increase.

In-Flight Glitches

The airlines have also grabbed headlines of late due to several unpleasant cases on board. Southwest Airlines made maximum headlines in this regard. A tragic incident in April sparked large-scale dissatisfaction among customers with the carrier having made an emergency landing at the Philadelphia International Airport due to an engine failure, which resulted in a passenger’s death with seven others sustaining injuries.

Southwest Airlines has been struggling with low bookings ever since this fatal incident. In fact, the carrier issued a bearish view on unit revenues for the second quarter, thanks to the same reason. It expects revenue per available seat mile (RASM: a key measure of unit revenue) to decline between 1% and 3%.

Similar occurrences took place this May as well. Earlier in the month, the carrier made an abrupt landing when one of its window panes broke. Further adding to the woes, another Southwest Airlines flight was forced to make an emergency landing only a few days ago due to a pressurization issue, throwing the passengers in a tizzy.

In April, a CBS News report titled "60 Minutes" leveled allegations against Allegiant Travel Company that the company is afflicted with a large number of mechanical problems. The report, aired on Apr 15, further stated that the poor safety standard was responsible for around 100 serious mechanical events in the January 2016-October 2017 time frame. The charges are being investigated.

United Airlines also kicked up a controversy, resulting in the tragic death of a black French bulldog puppy on one of its flights in March.

These untoward incidents have been dampening the airline companies’ reputation and certainly do not bode well for the sector participants.

Price Performance

The Zacks Airline Industry fared poorly due to the headwinds, massively underperforming the broader market on a year-to-date basis. The S&P 500 index gained 2.1% against the industry’s decline of 12.9%.

Conclusion

Despite an air of prevalent pessimism revolving around airline stocks, we expect the companies to make a turnaround soon, buoyed by strong demand for air travel and rising air fares. With soaring oil prices, the carriers will most likely pass on the high-cost burden to passengers’ pockets. Notably, during first-quarter 2018 earnings release, American Airlines CEO Doug Parker warned of dearer ticket prices.

Thriving U.S. economy augurs well for travel-focused stocks like airlines. With consumer confidence remaining strong, more and more Americans are resorting to vacations. Demand for air travel is expected to remain robust, courtesy of a much-enhanced job market and an increasing disposable income.

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More than £330,000 was spent on flights and accommodation for MPs to visit Azerbaijan between 2007 and 2017, and 12 MPs were paid more than £90,000 to appear on Russian state TV, according to a report by Transparency International UK.

The report focused on parliamentarians who had accepted hospitality from corrupt and repressive governments while providing political access and lobbying.

It said many of the MPs and peers had been given all-expenses-paid trips to such countries paid for by the host government.

The publication of the report follows the suspension of the DUP MP Ian Paisley last week after he admitted he had failed to declare £50,000 of family holidays paid for by the Sri Lankan government.

The parliamentary commissioner for standards found that Paisley had breached the rules on paid advocacy by writing to David Cameron in 2014 to lobby against a UN resolution on human rights abuses in Sri Lanka, after receiving holidays from the country’s government.

Transparency International UK’s report also found that two MPs had provided advisory services to the king of Bahrain over the period the government enforced a brutal crackdown of Arab spring protesters in 2001.

The authors of the report say that not only have some MPs actively supported corrupt and repressive governments, but that there is also a “culture of impunity” regarding such practices.

“The activities of the Azerbaijan lobby in parliament has become so infamous that it is seemingly tolerated as almost an eccentricity,” the report said.

Steve Goodrich, Transparency International UK’s senior researcher officer and one of the authors of the report, said: “This is not the first time that the inappropriate behaviour of foreign regimes in lobbying UK parliamentarians has been exposed. But our report shows that this has become a systemic pattern of behaviour, with many MPs and peers completely ignorant or knowingly dismissive of these problems.

“This type of engagement between parliamentarians and corrupt and repressive regimes can no longer be kicked into the long grass because it’s politically convenient. It is a detriment to the UK’s standing as a beacon of democracy and the rule of law.”

Following the publication of its report, Transparency International UK is calling for an inquiry into the conduct of MPs and peers in legitimising corrupt and repressive governments.

The group recommends that MPs and peers should also be banned from taking trips paid for by foreign states and their lobbyists over £500 in value. Instead, the group suggests that a list of organisations should be agreed in parliament for whom paid trips over this amount are acceptable.

Transparency International UK also recommends that MPs should be prohibited from providing paid or voluntary services to foreign governments and state institutions, and that the register of members’ financial interests should be published as structured open data.

Duncan Hames, director of policy at Transparency International UK, said it was “time to end the discredited practice of our parliamentarians enjoying generous foreign hospitality”.

He said: “International visits can certainly aid informed parliamentary debate, but when these trips are offered by foreign governments they undermine the independence of those MPs accepting them.

“Our politicians are elected to work on our behalf, not the interests of foreign states who increasingly have subversive desires. Global scandals have exposed the activity of foreign states meddling in the affairs of others and we need to shore up our defences against this sort of activity.”


Outdoors: Hunting season could be needed for moose

Moose likely got their American name from the nearby Narragansett Indians of Rhode Island, where modern reports of them have been very few — until recently.

Although Maine has by far the largest population of moose in New England (30,000), they’re expanding their range and numbers throughout the region. The New York-New England population has grown to about 50,000 today. Southern New England has become the safety valve for absorbing the pressure of excess numbers building up in New Hampshire and Vermont.

Moose warning signs are on the increase, too, on numerous local highways just north of Worcester. We often see moose droppings while pheasant hunting at the Nimrod Sportsman’s Club in Holden/Princeton. On Routes 2, 122 and Interstate 190, there is always a possibility of encountering one. Many are asking why we don’t have a hunting season for them. Some biologists feel we probably could — and maybe should.

Moose are unique, ungainly and charming. Their large, unusual, distinguishing snout — they are truly the Cyrano of the deer world — appears to help them dine under water on aquatic plants that give them the sodium they critically need. In winter, they’ll endanger drivers as they lick salted roads to satisfy that need. They’re the largest deer in the world. The tall legs that help them negotiate deep snow make them appear even more massive, and place their heavy bodies at lethal windshield level upon impact with vehicles.

In Sweden, which has a moose population of about 400,000 and an annual harvest over 100,000 (more than the harvest in all of North America), moose meat is served in most homes and many restaurants and hotels. It’s not just because Swedes love the delicious meat. Moose need control as they can cause many fatal collisions when overpopulated.

Since wolves individually can consume about a dozen moose a year, the problem diminishes wherever wolf packs still hunt. Alaska, wanting more moose meat for its residents, has permitted large-scale wolf elimination projects. No longer having wolves, New England must depend on hunters to control our region’s moose population. Whether we like it or not, we have become the essential predator.

To cope with the high cost of collisions in vehicle damage and human lives, Sweden has spent a fortune fencing highways and designing cars that can survive moose crashes. On my recent trip to Newfoundland, I saw the beginnings of similar investments, including high-tech highway cameras, sensors, flashing lights and signs warning drivers of animals that might cross the road ahead.

Newfoundland had at least 660 moose collisions last year. The toll on life and property there and the ever-present danger in highway driving have made the vast majority of residents supportive of moose hunters. Millions of dollars are being spent on building barriers along highways that are particularly dangerous. Massachusetts may have to implement similar costly protections if our moose population surges much higher.

Local moose, in the opinion of MassWildlife’s Bill Davis, have increased to the point they now could sustain a regulated, limited harvest to maintain current, relatively safe populations. But it’s not up to MassWildlife scientists. Legislators have to approve a moose hunt here.

State Rep. Anne Gobi, a noted advocate for sportsmen, has filed a bill annually to proceed with such a hunt. But timid or uninformed legislators on Beacon Hill have stalled. A pre-emptive, limited hunting season to keep the population at present levels could prevent many future fatal accidents, provide families a great supply of exceptional meat, and give scientists at check stations much valuable data for sound future management, ultimately benefiting both man and moose.

If sure-to-be-coveted permits were auctioned off, as they are in several New England states, the winning bids that average about $4,000 could help local wildlife management, education or habitat acquisition.

Some animal rights advocates may object to a moose hunt. They’d much prefer to have natural predators like wolves take care of the problem.

If you’ve ever witnessed a wolf pack killing a moose or a caribou, as I once did in the high Arctic above Hudson Bay, you know their method of killing is bloody and slow. Wolves kill with massive bites, typically ripping open large wounds in the legs and underbelly, causing severe hemorrhaging, gradually weakening the animal as it’s torn apart and eaten in its place. The pack attacks from the flanks and rear, while one wolf bites the highly sensitive snout, often paralyzing it. The world of tooth and claw is hardly as quick or humane as a hunter’s bullet.

One factor, hopefully much further down the road, eventually might control the moose population in Massachusetts for us — global warming. We’re already seeing major species changes in New England. Southern birds like the cardinal, titmouse, mockingbird, Carolina wren and red-bellied woodpecker have moved up here in great numbers during my lifetime. Southern moths are arriving here now as well, while our northern moths are disappearing.

In this great shift, some species are going to be winners — a few, surely, that we will not want — and some will be losers that are now very dear to us. For better or worse, we may gain many more species than we lose. Biodiversity increases proportionately with warmth, unless drought and desertification enter the picture.

As I shared moose chili last week with Wayne MacCallum, director of Massachusetts Fish & Wildlife, he alluded to moose physiologically changing in winter to deal with extreme low temperatures, for which evolution has made them well suited. Massachusetts is near the southern limit of their range. Since they can’t tolerate warm winters, further warming could eliminate their population here. But until that dreaded time, we should wisely manage this special resource — and protect Massachusetts residents as well.

Mark Blazis can be contacted by email at markblazis@charter.net.

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Q:

How to lock focus in camera2 api, android?

I am trying to lock focus after my custom camera finds focus.
First it AF mode set to auto:
builder.set(CaptureRequest.CONTROL_AF_MODE,
                    CaptureRequest.CONTROL_AF_MODE_AUTO);

And After touching the preview it finds focus distance, and I have to lock AF and AE using this code:
builder.set(CaptureRequest.CONTROL_AF_MODE, CaptureRequest.CONTROL_AF_MODE_CONTINUOUS_PICTURE);
builder.set(CaptureRequest.CONTROL_AE_LOCK, true);

Locking AE works fine in any devices. Locking AF is working on Nexus5 and Nexus 5x. But as for Samsung S5 and S6, it keeps try to search focus.
What is the best way to lock focus?

A:

In order to lock the AF you have to take care of requesting the AF_TRIGGER only once by using capture() instead of repeatingRequest() (if not it enters in an af request loop and remains always trying to focus, but some nexus fix this in its FW, so some devices as Nexus 5 focus well even it shouldn't)
So, the correct order will be:

Set CONTROL_AF_MODE to CONTROL_AF_MODE_AUTO (via session.setRepeatingRequest()) and the AF_REGIONS and the AE_REGIONS if you want
Wait until you check that the CONTROL_AF_MODE is already in auto by checking the totalCaptureRequest from the CaptureCallback.
Set the AF_TRIGGER_START in the builder along with the CONTROL_AF_MODE_AUTObut this time instead of using session.setRepeatingRequest() use session.capture().
Inmediately after that, set the AF_TRIGGER to set the AF_TRIGGER_IDLE (not cancel!) an use again session.setRepeatingRequest() along with the CONTROL_AF_MODE_AUTO.
Wait until it has focused,you will receive FOCUSED_LOCKED or NOT_FOCUSED_LOCKED.

The PASSIVE_FOCUSED state is only when the CONTROL_AF_MODE is in continuous picture not in auto!
Take care of being really in auto focus mode before performing the trigger.
You should use always session.capture() with all triggers (with CONTROL_AE_PRECAPTURE_TRIGGER too) but always after that remember to put the triggers to IDLE (not cancel) in a session.repeatingRequest()

A:

You can't locus the focus on CaptureRequest.CONTROL_AF_MODE_CONTINUOUS_PICTURE.
You should put your AF mode on CONTROL_AF_MODE_AUTO adn wait for FOCUSED_LOCKED state during your AF trigger. You can check how the Android focus machine works on enter link description here


3. Install Cygwin with the online installer from http://www.cygwin.com/
Select packages wget, curl and gcc-core in adition to the standard selection. I used the 1.7.0 version of Cygwin setup, but it is still beta.

4*. Download darcs from http://wiki.darcs.net/DarcsWiki/Binaries, unpack it in under Program Files and add the path to your environment variables. The file I downloaded was darcsdir-cygwin-2.2.0.tar.bz2.

5. Download the GHC sources from http://www.haskell.org/ghc. Open a Cygwin shell, make a directory Haskell, copy the source tarballs here and unpack them.

6*. Download the binary and utf-8 packages from Hackage and copy them to the Haskell folder. Open a Cygwin shell in Administrator mode and unpack the tar files. Go to the directories and do runhaskell Setup configure, runhaskell Setup build, runhaskell Setup install.

7*. In the Haskell directory do a darcs get http://code.haskell.org/leksah. Go to the leksah directory and do a runhaskell Setup configure, runhaskell Setup build, runhaskell Setup install.

7a) Although I probably didn't get this, previously some gtk error message was resolved by editting C:/Program Files/Gtk2Hs/0.10.0/etc/gtk-2.0/gtkrc and change the theme name from MS-Windows to Raleigh: gtk-theme-name = "Raleigh"

8. You may wish to install a full Unicode monospace font if you want to use the source candy feature of leksah. e.g. Everson Mono or Deja Vu Sans Mono (or perhaps the GNU FreeFonts which are aesthetically pleasing to my eyes).

NB* I actually experienced a bit of a problem here, darcs was taking too much time. While in Cygwin, I cabal-installed it! Voila! So the starred portions are actually unnecessary, I think.

1.2 Installation on Ubuntu

1.2.1 version 0.6 in Ubuntu 9.04

Built in Ubuntu 9.04 using GHC 6.10.3 from
Someone561's PPA. cabal-install was bootstrapped using original ghc from the distribution, because of
dependency problems. GHC 6.10.3 was installed afterwards.

# cleanup and setup pathssudo aptitude remove ghc6export PATH=$PATH:/home/username/ghc/bin:/home/username/.cabal/bin(you should put this export into some startup file e.g..bash_profile and source it when needed)


Q:

Null reference in LINQ query

I will try to phrase this to the best of my abilities. I'm currently trying to grab a value called Program but I am having trouble with my LINQ query
Interactions = new BindableCollection<InteractionDTO>(_client.Interactions.
    Select(x => new InteractionDTO
    {
       Id = x.Id,
       ClientName = x.Person.CorrespondenceName,
       Indepth = x.Indepth,
       Program = x.Allocations.FirstOrDefault(y => y.Interaction_Id == x.Id).Program.Value,
       Category = x.Allocations.FirstOrDefault().Category.Value,
       ActivityDate = x.ActivityDate,
       Type = x.Type,
       Subject = x.Subject,
       LoanApplicationProvided = x.LoanApplicationProvided,
       BusinessPlanProvided = x.BusinessPlanProvided
    }));

The error I get is Object reference not set to an instance of an object.
When I comment out below it works but Program isn't brought through.
Program = x.Allocations.FirstOrDefault(y => y.Interaction_Id == x.Id).Program.Value,
Category = x.Allocations.FirstOrDefault().Category.Value

My goal from the LINQ query: Has to look up interactions, then get the Program/CategoryID from InterActionAllocations then gets the "value" from InteractionPrograms.
Program.cs
// Primary Keys -------------------------------------------------------
public int Id { get; set; }

[InverseProperty("Interaction")]
public virtual ICollection<InteractionAllocation> Allocations { get; set; }

InteractionAllocation.cs
// Associations -------------------------------------------------------
public int Interaction_Id { get; set; }

[ForeignKey("Interaction_Id")]
public virtual Interaction Interaction { get; set; }

public int? Category_Id { get; set; }

[ForeignKey("Category_Id")]
public InteractionCategory Category { get; set; }

A:

I think the best way to tackle this is to store the Program and Category as intermediary result and then use the conditional operator (?). This works better with the let keyword in comprehensive syntax:
from i in _client.Interactions
let program = x.Allocations.Where(y => y.Interaction_Id == x.Id)
                           .Select(a => a.Program).FirstOrDefault()
let cat = x.Allocations.Select(a => a.Category).FirstOrDefault()
select new InteractionDTO
    {
       Id = x.Id,
       ClientName = x.Person.CorrespondenceName,
       Indepth = x.Indepth,
       Program = program == null ? null : program.Value,
       Category = cat == null ? null : cat.Value,
       ActivityDate = x.ActivityDate,
       Type = x.Type,
       Subject = x.Subject,
       LoanApplicationProvided = x.LoanApplicationProvided,
       BusinessPlanProvided = x.BusinessPlanProvided
    }


Today was announced the new XBOX (XBOX One). It is an all-in-one entertainment center, allowing for unique new experiences. I am going to update this post with pictures and videos as I get them. NOTE: Not required to be online!

Just in time for the big XBOX Reveal, I decided to start posting again! MidnightScott has requested I cover the XBOX Reveal today, so I decided “what the heck, might as well.” I will do my best to keep you updated on everything happening in the world of Microsoft. Happy gaming!

Today, Microsoft will reveal their next generation Xbox system codenamed “Durango” due for release this fall. What new features will we see? I will try and update throughout the day about this system. I skipped the 360 so maybe the nextbox will have something I’m looking for this time.

Kirby’s Dream Course (Nintendo) – €7.99/£5.49 (Available for €5.59/£3.79 if you own Kirby’s Adventure, Ends May 30)
Kirby’s Dream Course puts a new spin on golf, with Kirby as the ball and enemies as obstacles! Conquer eight different courses packed with water, spikes, conveyor belts and trampolines. Roll Kirby to take out enemies, and then head for the hole that appears. Adjust the angle of movement, add spin and power, and also copy the powers of enemies; such as using a parasol to float, ice to freeze water or fire to burn bad guys! Kirby’s Dream Course also features a two-player mode to compete against a friend.

This is the US version of the game.

Kirby Super Star (Nintendo) – €7.99/£5.49 (Available for €5.59/£3.79 if you own Kirby’s Adventure, Ends May 30)
Kirby Super Star features not one, not two, but six games in one – plus extra modes and minigames – all starring the powerful pink hero with the ability to copy his enemies’ abilities. Each adventure has its own storyline, featuring Kirby battling against classic foes like Meta Knight and King Dedede, and unique gameplay; from platforming to treasure-hunting and even a space shoot ’em up! A friend can also join in as Kirby’s helper, using their own copy abilities to attack enemies and come to Kirby’s aid.

This is the US version of the game.

Resident Evil Revelations (CAPCOM) – €49.99/£39.99
The critically acclaimed survival horror title Resident Evil Revelations returns redefined for console complete with high quality HD visuals, enhanced lighting effects and an immersive sound experience. This latest version of Resident Evil Revelations will also deliver additional content including a terrifying new enemy, extra difficulty mode and improvements to RAID Mode such as new weapons, skill sets, and playable characters including Hunk and Rachael!

Donkey Kong Country Returns 3D (Nintendo) – €39.99/£34.99
Go ape with the swingin’ king of the jungle! Donkey Kong and his simian sidekick Diddy Kong are back for more action-packed platforming antics in Donkey Kong Country Returns 3D, an enhanced version of Wii adventure Donkey Kong Country Returns. Jump, race and roll your way across Donkey Kong Island on a quest to rescue DK’s beloved banana hoard from the trouble-causing Tiki Tak Tribe. Stomp on enemies, grab banana bunches and ride rockets, rhinos and much more in classic 2D platforming gameplay, stuffed full of spectacular scenes and tricky traps. Use both characters’ special skills to overcome all kinds of obstacles and explore each stage to the full – hop Diddy onto DK’s shoulders and use his Barrel Jet to hover them both over large gaps, or roll to your heart’s content and trample everything in your path.

Tom Clancy’s Ghost Recon: Shadow Wars (Ubisoft) – €19.99/£17.99
As the commander of the Ghosts, the best special operations fighting force in the world, your mission is to stop the Russian ultranationalist Yuri Treskayev from coming to power, in Tom Clancy’s GHOST RECON SHADOW WARS on Nintendo 3DS. From the hot deserts of Kazakhstan to the villages of Ukraine and the frozen lands of Siberia, you must discover and disable the secret Soviet-era “Dead Hand” bases which Treskayev is using to build an army of drones. You will have access to full resources to build, train, and equip your team, using the most recent high-tech weapons and armour. Experience the critically-acclaimed Ghost Recon series in a new way as you discover rich and deep tactical gameplay never before seen in a Ghost Recon game!

Project X Zone: A Lethal Surprise Demo (Namco Bandai) – Free
When a rift in time and space suddenly appears, a doorway to various universes is opened allowing both heroes and villains from different worlds to cross paths. Players will be able to take control of a massive selection of heroes including favourites such as Jin and Xiaoyu (TEKKEN), Toma and Cyrille (Shining Force EXA), to X and Zero (Mega Man X) and discover the cause of the rift and stop evil from coming through and spreading into their world. Enjoy over 50 characters from 29 franchises from Namco Bandai, Capcom & Sega, including Street Fighter, Tekken, Darkstalkers, Devil May Cry, Sakura Wars, Tales of Vesperia and many more!

*Game with English text only*

Swords & Soldiers 3D (Circle Entertainment) – €7.00/£5.90
Prepare for an encounter with a freakishly large pepper: Swords & Soldiers 3D is coming your way! Rewrite history as you take control of the brutal Vikings, the devious Aztecs or the crafty Chinese in their global quest to win the favour of the Gods! Swords & Soldiers 3D is a side-scrolling strategy game that lets you control an entire army and lets you wield devastating magical abilities. Demolish your enemy’s castle at the end of these two-dimensional battlefields and lead your troops to victory!

Rabbids Rumble Demo (Ubisoft) – Free
Rabbids have escaped from your cartridge all over your Nintendo 3DS and found their way into the real world. You must collect them throughout 7 worlds full of mini-games and bring the complete collection back, one battle at a time!

Air Battle Hockey 3D (Agetec) – €4.99/£4.49
The basic rules are familiar: use a racket to hit a ball into the opponent’s goal. The first one to score ten points wins. The game features special Skills and Targets. There are six different offensive and defensive skills. Play aggressive and attack with the Lightning Shot skill which changes direction of the ball during mid-flight, tricking your opponent in scoring a goal. Play defensive and use the Hyper Racket skill to increase the size of your Racket improving protection of your goal. Watch for Targets that appear during the game, hitting those triggers various events, such as an increase ball speed or reducing your opponent’s skill gauge to zero. In addition to the Two-Player Battle Mode, there is also Endless Mode, a squash-like game where you compete for a high score.

Groove Heaven (Teyon) – €3.99/£3.59
Rhymi has to deliver a love letter to a beautiful angel only she is a little demon and the letter is from the Devil lord himself. Climb with her to the top of the tower connecting two realms armed with your best dancing moves! Time your steps right, keep to the beat to get moving and grooving away from oncoming danger! Dance under leaping frogs and past black crows, as you collect musical notes and red roses for bonuses. In two bubbly and exciting modes challenge your musical senses either dancing your way to the top, or simply testing how fast you can keep up with the beat! Show off your rhythmic skills and tap your way to Heaven!

Special Deals
The Denpa Men: They Came By Wave (Genius Sonority) – €6.39/£5.69 (Ends May 30, normally €7.99/£7.19)

——————————————————————————–

Awesome, I hope the surprise demo for Project X Zone hits North America this week as well, can’t wait!

Over on twitter, some of the developers from Sumo Digital seem to be talking about how they will follow up Sonic Racing Transformed. Take a look below:?

I honestly think it would be wonderful if Sonic were to appear in Mario Kart. But I think Mario Kart should go the way of Smash Brothers and let other characters be in it. Mario Kart is starting to get a bit stale in my opinion, even if Mario Kart 7 is a really great game. I seriously can’t wait for E3, some megatons are coming our way for sure.


package diskCacheV111.util;

/**
 * An operation failed because the file is still "new", ie. has not
 * finished uploading and registered the file in the name space.
 */
public class FileIsNewCacheException extends CacheException
{
    private static final long serialVersionUID = -5278591371301476563L;

    public FileIsNewCacheException()
    {
        this("File upload not yet completed");
    }

    public FileIsNewCacheException(String s)
    {
        super(CacheException.FILE_IS_NEW, s);
    }
}


Embracing The Winter Vaping Outdoors

Dec 31st 2018
–
by David Nadel

Once we enter the
winter season, we have to make certain lifestyle adjustments in order to deal
with the cold weather. We have to take extra care to keep our immune systems
healthy, our skin hydrated and our bodies warm.

Believe it or not, our vaping lifestyle has to
change as well. Cold, dry weather can affect everything from our batteries to
our cloud production. The good news is that wintertime vaping doesn't require
us to run out and purchase a whole new setup. There are some simple tips that
you can follow to get the most out of those wintertime vape sessions.

Your stash of e-juice
needs to be cared for properly during the chilly winter months. Because it contains
propylene glycol (PG) and vegetable glycerin (VG), two alcohol-based
ingredients, it won't freeze into a solid mass if left outside overnight.
However, its consistency may change enough to interfere with your ability to
have an enjoyable vape.

When e-liquid is exposed to freezing
temperatures, it becomes thicker. This makes it harder for your coil to turn
this liquid into puffy, tasty clouds. Plus, thicker uice is more likely to gunk
up your coils. During the winter season, keep your bottles of juice in a warm
place indoors.

Wintertime Vaping Tip #2: Keep Your Batteries
Warm

Your vape batteries
also need to be kept warm during the winter months. Batteries in general
consist of electrons that power your device. Your battery uses a good deal of
energy in order to get those electrons moving. When a battery is cold, the
electrons become lethargic. Therefore, it must use more energy to power your
unit.

The problem is that using more energy results in
a compromised battery life. If frequently exposed to cold air, its capacity may
decrease dramatically. Never leave your batteries outdoors during the winter
season.

Wintertime Vaping Tip #3: Keep Your Lips
Extra Moisturized

Most drip tip
materials are prone to becoming cold when exposed to chilly air. If you're
constantly vaping outdoors during the winter season, you're gonna be pressing
your lips against a very cold material frequently. As a result, your lips can
become dry, cracked and chapped.

If you vape outdoors during the winter, make
sure that you keep your lips extra moisturized with a nourishing lip balm
throughout the day.

Because e-liquids
become slightly thicker during the winter season, you might find that your
throat hit is lacking. If a strong hit to the throat is what you crave when you
vape, choose liquids that have more PG during this time of year.

Thicker juice means denser, larger clouds. While
many vapers consider that a good thing, not everyone wants to blow massive fog
all day long. If you want to tone down that vapor, choose an e-liquid that has
a lower VG level. VG is a viscous ingredient that makes juice thicker,
increasing cloud production as a result.

Don’t Let the Cold Weather Stop You From
Vaping

By following these quick and easy tips, your
vaping life won't suffer just because of the fact that it's cold outside.


The role of N7 protonation of guanine in determining the structure, stability and function of RNA base pairs.
The roles of protonated nucleobases in stabilizing different structural motifs and in facilitating catalytic functions of RNA are well known. Among different polar sites of all the nucleobases, N7 of guanine has the highest protonation propensity at physiological pH. However, unlike other easily protonable sites such as N1 and N3 of adenine or N3 of cytosine, N7 protonation of guanine does not lead to the stabilization of base pairs involving its protonated Hoogsteen edge. It also does not facilitate its participation in any acid-base catalysis process. To explore the possible roles of N7 protonated guanine, we have studied its base pairing potentials involving WatsonCrick and sugar edges, which undergo major charge redistribution upon N7 protonation. We have carried out quantum chemical geometry optimization at the M05-2X/6-311G+(2d,2p) level, followed by interaction energy calculation at the MP2/aug-cc-pVDZ level, along with the analysis of the context of occurrence for selected base pairs involving the sugar edge or the WatsonCrick edge of guanine within a non-redundant set of 167 RNA crystal structures. Our results suggest that, four base pairs - G:C W:W trans, G:rC W:S cis, G:G W:H cis and G:G S:H trans may involve N7 protonated guanine. These base pairs deviate significantly from their respective experimental geometries upon QM optimization, but they retain their experimental geometries if guanine N7 protonation is considered during optimization. Our study also reveals the role of guanine N7 protonation (i) in stabilizing important RNA structural motifs, (ii) in providing a framework for designing pH driven molecular motors and (iii) in providing an alternative strategy to mimic the effect of post-transcriptional changes.


Barbie Forteza

Barbara "Barbie" Ambas Forteza (born July 31, 1997) is a Filipina commercial model and actress.

Career

She is known for her roles such as young Jodi in GMA Network's remake of the 2003 South Korean television drama series Stairway to Heaven and Cyndi Gomez in First Time. Forteza also appeared in several movies such as: Tween Academy: Class of 2012, The Road and the indie film, Puntod in which she won as New Movie Actress of the Year in the 26th PMPC Star Awards for Movies. In April 2013, Forteza released her self-titled album, Barbie Forteza under MCA Records with the carrier single, Meron Ba which was used as the theme song for GMA Network's koreanovela, Big.

In 2014, Forteza was chosen to play one of the lead roles in the television series, The Half Sisters along with Thea Tolentino.

In August 2014, she won the Best Supporting Actress award in the new breed category at the 10th Cinemalaya Independent Film Festival, for the film Mariquina, portraying a teenage version of Mylene Dizon's character Imelda.

Filmography

Television Series

Television Anthologies

Films

Discography

Albums

Awards and recognition

References

Category:1997 births
Category:Living people
Category:People from Biñan
Category:Actresses from Laguna (province)
Category:Tagalog people
Category:Filipino child actresses
Category:GMA Network personalities
Category:GMA Artist Center
Category:MCA Music Inc. (Philippines) artists


using NUnit.Framework.Interfaces;

namespace UnityEditor.TestTools.TestRunner.Api
{
    internal interface ICallbacksDelegator
    {
        void RunStarted(ITest testsToRun);
        void RunStartedRemotely(byte[] testsToRunData);
        void RunFinished(ITestResult testResults);
        void RunFinishedRemotely(byte[] testResultsData);
        void RunFailed(string failureMessage);
        void TestStarted(ITest test);
        void TestStartedRemotely(byte[] testStartedData);
        void TestFinished(ITestResult result);
        void TestFinishedRemotely(byte[] testResultsData);
        void TestTreeRebuild(ITest test);
    }
}


763 P.2d 1122 (1988)
Hoagy CARMICHAEL, Relator,
v.
The WORKERS' Compensation COURT OF The STATE of MONTANA, The Honorable Timothy Reardon, Presiding and Arco Metals, Inc., Respondents.
No. 87-545.
Supreme Court of Montana.
Submitted September 1, 1988.
Decided November 1, 1988.
*1123 Bothe & Lauridsen, Laurie Wallace (argued), Columbia Falls, for relator.
Murray, Kaufman, Vidal & Gordon, James Ramlow (argued), Kalispell, for respondents.
HARRISON, Justice.
Hoagy Carmichael petitioned this Court for a writ of supervisory control challenging the 1987 amendments to the Workers' Compensation Act concerning dispute resolution and mediation, §§ 39-71-2401 and -2406 through -2411, MCA. We granted the writ for the purpose of determining whether these statutes are constitutional as applied to cases where the injury occurred before the effective date of the amendment, but no petition was filed with the Workers' Compensation Court until after that date. We find such a retroactive application unconstitutionally impairs a contractual obligation.
Hoagy Carmichael was injured on August 8, 1985, while working in the course and scope of his employment with the respondent, Arco Metals, Incorporated (Arco). Arco is a self insured employer and accepted Carmichael's compensation claim. Arco commenced the payment of benefits, but subsequently notified Carmichael in a letter dated July 24, 1987, that the benefits would be reduced from temporary total disability to permanent partial disability. In response, on August 3, 1987, Carmichael filed a petition for an emergency hearing before the Workers' Compensation Court. In his petition, Carmichael stated that due to his disability he was unable to return to work and he had no means of support for his family other than his workers' compensation benefits.
On September 15, 1987, Arco filed a motion to dismiss Carmichael's claim based on § 39-71-2408, MCA, which requires both parties to submit to nonbinding mediation regarding any issue concerning benefits before either party may file a petition in the Workers' Compensation Court. Section 39-71-2408, MCA, became effective July 1, 1987 and is part of a group of statutes added to the Montana Workers' Compensation Laws by the 1987 Montana Legislature providing for mandatory nonbinding mediation. Sections 39-71-2401 and -2406 through -2411, MCA. Carmichael resisted the motion claiming the retroactive mandatory mediation deprived him of procedural due process and the right to a speedy remedy for his injury.
In an opinion filed November 20, 1987, the Workers' Compensation Court determined the retroactive application of the mandatory mediation process did not violate claimant's constitutional rights. The court recognized the mediation may result in some delay, but the delay was not so substantial as to render the process unconstitutional. While noting the mandatory mediation may cause some hardship, the court also rejected Carmichael's due process argument. However, the court did review the Administrative Rules which elaborate on the implementation of the mandatory mediation, allowing a maximum of 100 days to complete the mediation process, and concluded this maximum time period must not exceed 49 days. The court adopted the 49-day time period based on § 39-71-610, MCA, permitting the Division upon petition and at the Division's discretion, to extend benefits for 49 days after the termination of benefits. By making this modification, the court hoped to relieve some of the potential hardship caused by delays during mediation. The court granted the defendant's motion to dismiss and ordered the mediation process be completed within 49 days.
*1124 On December 16, 1987, Carmichael filed an application for a writ of supervisory control. On February 8, 1988, this Court granted the writ and decided to hear the following issue:
Whether the 1987 amendments to the Workers' Compensation Act concerning dispute resolution and mediation, §§ 39-71-2401 and -2406 through -2411, MCA, apply, and if so, are constitutional as applied, to cases in which the injury occurred before July 1, 1987, but no petition was filed with the Workers' Compensation Court until after that date.
Both parties hold the position that the mediation statutes, as written, apply to the facts of this case. The relator, Carmichael, chose to divide the remaining constitutional issue into four sub-issues:
Do the mandatory, nonbinding mediation requirements of § 39-71-2401 et seq., MCA, unconstitutionally:
1. impair the obligation of contracts as between Workers' Compensation insurers and those injured workers receiving benefits prior to July 1, 1987;
2. violate the due process clause of the Federal and State Constitutions as applied to termination-of-benefits disputes;
3. deprive Workers' Compensation claimants of the remedy to petition the Workers' Compensation Court for a 49-day extension of benefits when those benefits are disputed;
4. deny Workers' Compensation claimants of a speedy remedy for an injury to a vested property right?
Because we determine the nonbinding mediation requirements unconstitutionally impair a contractual obligation when applied to the facts of this case, we need not go beyond an analysis of the first issue.
Generally, Carmichael's argument is based on the fact that his injury occurred prior to the time the legislature enacted the nonbinding mediation requirements. The enactment applies to all injured workers regardless of the date of injury. 1987 Mont. Laws 464, Section 72. Carmichael argues the retroactive change results in a significant procedural delay substantially impairing his contractual rights.
"This Court has assumed for a number of years that the Workers' Compensation statutes in effect on the date of injury set the contractual rights between the parties." Buckman v. Montana Deaconess Hosp. (Mont. 1986), 730 P.2d 380, 384, 43 St.Rep. 2216, 2222 (citing Trusty v. Consolidated Freightways (1984), 210 Mont. 148, 681 P.2d 1085, 1087, 41 St.Rep. 973, 975). Both the United States and Montana Constitutions prohibit state laws impairing the obligation of a contract. Art. I, Sec. 10, U.S. Const; and Art. II, Sec. 31, Mont. Const. Carmichael recognizes this prohibition is not absolute, but contends there has been a substantial impairment of a contractual right within the meaning of the United States and Montana Constitutions under the facts of this case. Carmichael argues that following his injury and after his benefits began, he obtained a vested contractual and property right. After this right vested and prior to July 1, 1987, he had the right to directly petition the Workers' Compensation Court if his benefits ceased. The mandatory mediation statutes retroactively altered this right to directly petition the Workers' Compensation Court. Carmichael concludes since the mediation may result in a substantial delay causing him a significant hardship, the new mediation procedure is a substantial impairment of his vested contractual right.
Arco agrees that Carmichael has a contractual right which vested at the time of his injury and that his benefits cannot be subsequently altered by legislation. E.g., Buckman, 730 P.2d at 384-85, 43 St.Rep. at 2222. However, Arco states Carmichael is confusing his contractual right to workers' compensation benefits with an alleged right to uninterrupted payments in all circumstances. Arco argues the legislature has implemented a procedural change to encourage settlements and reduce the caseload of the Workers' Compensation Court. Arco concludes this is merely a modification of the system for determining the eligibility for benefits, and in no way alters the benefits to which Carmichael may or may not be entitled.
*1125 In analyzing a contract clause challenge, this Court has often implemented a three-tiered analysis set forth by the United States Supreme Court in Energy Reserves Group, Inc. v. Kansas Power and Light Co. (1983), 459 U.S. 400, 103 S.Ct. 697, 74 L.Ed.2d 569: (1) Is the state law a substantial impairment to the contractual relationship? (2) Does the state have a significant and legitimate purpose for the law? (3) Does the law impose reasonable conditions which are reasonably related to achieving the legitimate and public purpose? See, Neel v. First Federal Sav. and Loan Assoc. (1984), 207 Mont. 376, 392, 675 P.2d 96, 104-105. See also, Buckman, 730 P.2d at 385, 43 St.Rep. at 2007. Although this Court clearly recognizes that our state constitution provides rights and protections separate from those afforded by the federal constitution, "[w]e have generally interpreted the contract clauses found in Art. II, § 31, 1972 Mont. Const. and Art. I, § 10(1), United States Constitution as interchangeable guarantees against legislation impairing the obligation of contracts." Buckman, 730 P.2d at 384, 43 St.Rep. at 2221, (citing Neel, 675 P.2d at 103, 41 St.Rep. at 25). In analyzing this issue, we will implement the three-tiered analysis stated above.
The initial inquiry therefore, is whether the mandatory mediation statutes operate as a substantial impairment of the contractual relationship between workers' compensation insurers and workers injured prior to July 1, 1987. If the answer is no, there need be no further inquiry. "Total destruction of contractual expectations is not necessary, and a law which restricts a party to gains reasonably expected from a contract is not a substantial impairment." Neel, 207 Mont. at 392, 675 P.2d at 105. Prior to the passage of the mediation statutes, an injured worker had the right to directly petition the Workers' Compensation Court to resolve disputes concerning benefits under the Workers' Compensation Act. Section 39-71-2905, MCA, (1985). As previously noted, the mandatory nonbinding mediation process must now be satisfied prior to filing such a petition. Section 39-71-2908, MCA, (1987). In the opinion filed by the Workers' Compensation Court, it was noted that the mediation may result in a delay of 100 days. With the exception of his workers' compensation benefits, the record indicates Carmichael is without financial resources to support his family. The delay presented by the current mediation statutes is an additional delay not existing on the date Carmichael was injured, which was the date his contractual rights vested. Buckman, 730 P.2d at 384, 43 St.Rep. at 2222. We find the delay caused by the mandatory mediation statutes represents a substantial impairment of those contractual rights.
Next, we must ask whether the state has a legitimate and significant purpose for the law. The general purpose of the new mediation statutes is to encourage out of court settlements and thereby lessen the volume of cases filed in the Workers' Compensation Court. Section 39-71-2406, MCA. This appears to represent a legitimate state purpose.
The final step of the analysis is whether the law imposes reasonable conditions reasonably related to achieving the legitimate purpose stated above. As was noted in Neel, "unless the State is a party to the contract, courts will properly defer to legislative judgment on this step." 207 Mont. at 392, 675 P.2d at 105. Since the Workers' Compensation Court is a named respondent, we consider the state a party to this action and will consider this third question.
The record indicates insufficient evidence to demonstrate the mandatory nonbinding mediation presents conditions reasonably related to achieving the stated purpose as applied to those workers injured before the effective date of the statutes. Certain vague statistical evidence was presented tending to show the mediation procedures were encouraging settlement, but the statistics fail to give any clear answers. Certainly there is insufficient evidence to demonstrate the mediation process will achieve a more manageable caseload for the Workers' Compensation Court when applied to claimants injured prior to July 1, 1987; those claimants whose contractual rights to benefits vested on the date of injury.
*1126 Carmichael demonstrates a substantial impairment of his contractual rights and there is insufficient evidence to demonstrate the mediation statutes achieve their purpose as applied to claimants injured prior to the effective date of the statute. We hold the retroactive application of the mandatory nonbinding mediation statutes unconstitutionally impairs a contractual obligation. Accordingly, Carmichael may directly petition the Workers' Compensation Court.
For the foregoing reasons, we reverse the decision of the Workers' Compensation Court and remand for further consideration consistent with this opinion.
SHEEHY, McDONOUGH and HUNT, JJ., concur.
WEBER, Justice, dissents as follows:
Statutes have a strong presumption of constitutionality. The burden is upon the party attacking the statute to prove unconstitutionality, and it is the duty of the court to resolve all doubts in favor of validity whenever possible. Reeves v. Ille Electric Co. (1976), 170 Mont. 104, 109, 551 P.2d 647, 650. With this rule in mind, I dissent from the majority's conclusion that the mediation requirement of §§ 39-71-2401 and -2406 through -2411, MCA, unconstitutionally impairs contractual obligations as it is retroactively applied to Mr. Carmichael. I further conclude that Mr. Carmichael has not shown the requirement to be unconstitutional by the other arguments he raised.
In the order appealed from, the Workers' Compensation Court ruled that the mediation requirement is constitutional as applied to Mr. Carmichael and others whose benefits have been paid and then terminated. The court further ruled that in such cases the mediation process must be completed within 49 days after the request for mediation. It also provided that such claimants would have the option of seeking an interim order from the Division of Workers' Compensation under § 39-71-610, MCA. That section allows disputed benefits to be reinstated for up to 49 days.
The majority uses the three-tier test set forth in Energy Reserves in concluding that application of the mediation requirement in this case unconstitutionally impairs a contractual obligation. That test requires that if a state law substantially impairs a contractual right, the state must show a significant and legitimate purpose which the law imposes reasonable conditions toward achieving. The majority initially concludes that the delay caused by the mandatory mediation statutes represents a substantial impairment of contractual rights.
In my opinion, there has been no showing that the mediation requirement substantially impairs any contractual right. The requirement does not affect Mr. Carmichael's right to workers' compensation payments; it only presents the possibility of a delay in his receiving compensation, provided that he shows he is entitled to it. Even under the previous statute, workers had no vested right to uninterrupted compensation payments between the time the employer terminated them for ineligibility and the ruling by the Workers' Compensation Court. Because he raised this matter on supervisory control before proceeding through mediation, Mr. Carmichael has made no showing that he is entitled to reinstatement of his benefits. Second, Mr. Carmichael has made no showing of an actual delay in his case. We don't know whether or not the use of the mediation plus the court process might have resulted in a shorter period of time in the present case. I therefore disagree with the theory set forth in the majority opinion that the delay presented by mediation is an "additional delay" not existing on the date Mr. Carmichael was injured. Third, this Court has recognized that in heavily regulated industries, which description fits the area of workers' compensation law, it is inappropriate to assume that procedural regulations will remain static. Neel v. First Federal Sav. and Loan Assoc. (1984), 207 Mont. 376, 392-93, 675 P.2d 96, 105.
As a result of my conclusion that there has been no substantial impairment of any contractual right of Mr. Carmichael's, I *1127 would not need to proceed to the other 2 tiers of the Energy Reserves test. However, because the majority concludes that there was an impairment of a contractual right, I will briefly discuss the remaining 2 tiers. I agree with the majority conclusion that the second tier is met because encouraging out of court settlements and thereby lessening the volume of cases filed in the Workers' Compensation Court is a legitimate and significant purpose.
The final tier is whether the law imposes reasonable conditions toward achieving its purpose. I conclude that a mediation process is an appropriate means to address the Legislature's purpose. The hearing examiner for the Workers' Compensation Court submitted an affidavit to this Court which compared case filings before and after the mediation requirement was adopted and showed dispositions of cases mediated in the first 10 months. The affidavit showed that in the 10 months in which the mediation requirement had been in effect, filings of petitions in the court were reduced from over 900 to 167. The affidavit also showed that 300 mediations had been completed during that period, 159 of which were resolved by mediation. We have substantial evidence that the Legislature's chosen means is working satisfactorily for a large number of claimants. I would therefore conclude that the mediation requirement meets the three-tier test set forth in Energy Reserves.
Because it found the contracts clauses of the U.S. and the Montana Constitutions were violated by application of the mediation requirement in Mr. Carmichael's case, the majority did not consider the three other arguments against the new statutes. I will address them briefly.
Mr. Carmichael argues that the mediation requirement violates his due process rights. He has not cited any authority that a delay in re-establishing a right which has been unchallengedly taken away is a deprivation of due process. Further, under the former statutes, there was no right to a decision by the Workers' Compensation Court within any particular time. The 60-day hearing rule is a procedural rule of the Workers' Compensation Court, not a right established by statute. I conclude that there is no due process problem because there was no right to a continuation of benefits between termination by the employer and a decision by the Workers' Compensation Court.
Mr. Carmichael argues that the mediation requirement deprives him of his remedy of 49 days of payment of disputed benefits, as provided by § 39-71-610, MCA. However, payment of these benefits remains, as it has always been, a discretionary matter with the division once a petition for hearing on termination of benefits has been filed. Mr. Carmichael has not been deprived of the opportunity to request disputed benefits.
Lastly, Mr. Carmichael argues that the mediation requirement deprives him of a speedy remedy for injury to a vested property right in his benefits. We do not have proof properly before us that the delay caused by the mediation requirement exceeds the delay caused by the previous backlog of cases before the Workers' Compensation Court. This Court has recognized, in Linder v. Smith (Mont. 1981), 629 P.2d 1187, 38 St.Rep. 912, that reasonable requirements of first seeking administrative resolution may be placed upon persons without depriving them of their right to access to the courts.
I would therefore affirm the ruling of the Workers' Compensation Court that the mediation requirement of the 1987 amendments to the workers' compensation laws is constitutional as applied in Mr. Carmichael's case and as limited by the Workers' Compensation Court's order.
TURNAGE, C.J., and GULBRANDSON, J., concur in the foregoing dissent.


Q:

Beautifulsoup - scrape search results

I am new to Beautifulsoup and I am trying to learn how to scrape search results from websites.
I've been able to practice on scraping websites, but I've reached a block with results from search forms.
For example, I would like to find all the names, addresses of libraries located in NSW
How would I go about that? How can I retreive the results based on that search criteria, and open that results page with Beautifulsoup?
Thanks and sorry for my beginner question!
Xx

A:

import requests
from bs4 import BeautifulSoup

library_list = []

data = {'action' : 'LibSearch', 'termtype' : 'Keyword', 'libstate' : 'NSW', 'dosearch' : 'Search', 'libtype' : 'All', 'chunk' : 20}

page = requests.get("http://www.nla.gov.au/apps/libraries/", params=data)
soup = BeautifulSoup(page.content, 'html.parser')

libraries = soup.find_all("a")

for library in libraries[5:]:
    print(library.text)
    library_list.append(library.text)

OUTPUT:
Design Centre Enmore Library
Sydney Institute

A.B. 'Banjo' Paterson Library
Sydney Grammar School
.
.

ANSTO Library
Australian Nuclear Science and Technology Organisation

.
.

Note: Change the chunk size in the data params to get as many
  libraries as you want.