PITTSBURGH–The Marcellus and Utica shale plays account for some 30 percent of total U.S. natural gas output, compared with only 3 percent a decade ago. The Appalachian Basin's rapid growth in natural gas and natural gas liquids production has occurred despite relatively low natural gas prices, driven by greater well productivity from improved drilling and completion techniques, including longer laterals and optimized well spacing.
Additionally, infrastructure build-out in the region, including the development of significant interstate pipeline projects featuring large-scale transmission of natural gas and NGLs (such as the Rover, Nexus and Mariner East 1 projects), has allowed access to Northeast population centers to increase demand for Appalachian-derived natural gas resources. Continued innovations in the industry, such as improvements to water logistics, likely will be important to reduce operational costs and further improve efficiency to maintain growth.
While the industry continues forging ahead in the Marcellus, Utica and conventional Appalachian plays, the legal landscape continues to evolve with everchanging federal and state environmental and safety regulations, along with a variety of local government requirements across the basin. The federal and state courts, legislatures and regulatory agencies continue to address a variety of issues that affect all facets of oil and gas development in the multistate region.
These decisions and developments not only affect drilling and production, but also the midstream and transportation infrastructure that is so critical to Appalachian producers' ability to market their production. This article summarizes developments in the legal and regulatory landscape facing oil and gas producers and midstream operators in the Appalachian Basin.
In October 2016, the Marcellus Shale Coalition filed a petition in the Pennsylvania Commonwealth Court challenging seven new provisions in 25 Pa. Code Chapter 78a, a set of regulations applicable only to the unconventional oil and gas industry. The challenged provisions include those relating to impoundments, area of review obligations, public resource considerations in the well permit process,site restoration, spill remediation, and waste handling and reporting. The Commonwealth Court preliminarily enjoined four of seven counts on Nov. 8, 2016, a decision that the Pennsylvania Department of Environmental Protection appealed to the Pennsylvania Supreme Court on June 1, 2018.
The Supreme Court upheld the injunction as to the three most important counts to the industry–public resources, area of review obligations, and re-permitting existing centralized impoundments and reversed it regarding two counts (registration of existing freshwater impoundments and post-construction stormwater controls). On Aug. 23, the Commonwealth Court decided Count I on the merits, invalidating provisions related to new "public resources" and new "public resource agencies," which would have included private marinas, McDonalds, and homeowners' associations. The remaining six counts were scheduled to be argued in the Commonwealth Court on Oct. 17.
In other words, a violation of these sections of the Clean Streams Law is based on the entry of pollutants into waters of the commonwealth, not the presence or movement of constituents within such waters. The Supreme Court's opinion provides necessary clarification concerning the scope of liability for penalties under the Clean Streams Law for all persons, entities, businesses and industries that are responsible for remediation, those who would redevelop brownfield properties for reuse under Act 2, as well as any property owner with a historic contamination in groundwater that it did not cause.
The decision affirms that penalty liability is distinct from cleanup liability and recognizes that penalties are neither appropriate nor effective in altering the time that may be necessary for full remediation. The Delaware River Basin Commission– which includes Pennsylvania, Delaware, New Jersey and New York– has published a proposed rule that would ban high-volume hydraulic fracturing in the basin and impose new standards for exporting water from the basin for hydraulic fracturing and importing wastewater from oil and gas operations into the basin for treatment or discharge. The public comment period closed on March 30, with more than 8,600 public comments. There is no schedule for a final rule.
On July 3, a panel of the Third Circuit Court of Appeals vacated the dismissal of a complaint that challenged the jurisdiction of the DRBC to regulate oil and gas operations. The District Court had denied the request for declaratory relief, finding that the activities were subject to oversight by the DRBC. The Third Circuit remanded the matter for fact-finding to determine the intent of the drafters of the 1961 compact regarding the scope of DRBC's authority to review "projects," a term that the Third Circuit found to be ambiguous (Wayne Land and Mineral Group LLC versus DRBC, No. 17-1800).
• Corrosion control, pipeline repair and record keeping requirements, as well as changes to the integrity management requirements for gas transmission lines.
In addition to the proposals for gas transmission lines, PHMSA proposed significant changes to the regulations for onshore gas gathering lines, primarily to address the growth of new pipeline infrastructure in the nation's shale plays. The proposed changes included new definitions for determining what qualifies as an onshore gas gathering line, new safety standards for regulated onshore gas gathering lines (which would apply to certain historically exempt onshore gas gathering lines in rural locations), and new reporting requirements for all gas gathering lines, whether regulated or not.
The pipeline industry responded by expressing significant concerns with many of the proposals. For example, the American Petroleum Institute submitted an economic analysis showing that PHMSA made numerous errors in developing the preliminary regulatory impact analysis for the NPRM. API's economic analysis also showed that PHMSA overestimated the benefits of the proposed rules by $2.9 billion-$3.1 billion and underestimated the costs by $32.8 billion.
The Gas Pipeline Advisory Committee, the federal advisory committee that reviews PHMSA's gas pipeline rulemaking proposals, has met on five occasions to consider the NPRM. At the most recent meeting held in March, PHMSA announced that it was dividing the NPRM into three separate proceedings for purposes of developing the final rules. Two proceedings would focus on the new requirements for gas transmission lines, and a third proceeding would be dedicated solely to gas gathering lines.
According to the DOT's latest significant rule making report, PHMSA expects to publish the first final rule for gas transmission lines in March 2019, the second final rule for gas transmission lines in June 2019, and the third final rule for gas gathering lines in December 2019.
On June 20, 2017, the Pennsylvania Supreme Court reinterpreted Article I, Section 27 of the Pennsylvania Constitution, commonly known as the Environmental Rights Amendment in Pennsylvania Environmental Defense Foundation v. Commonwealth. PEDF challenged the statutory diversion of royalties generated from leasing oil and gas under state land to the general fund.
The Supreme Court rejected the longstanding three-part balancing test developed in 1973 by the Commonwealth Court in Payne v. Kassab. The Supreme Court replaced the test with a standard based on the "text of Article I, section 27 and principles of Pennsylvania trust law." The Court held that the commonwealth's oil and gas rights are public natural resources under the ERA and royalties generated by the development of those resources must be held in trust to conserve and maintain public natural resources. Because the decision dealt with government-owned assets, the application of PEDF to state and local permitting and regulation of privately owned natural resources was left open to interpretation by the courts.
• Whether DEP had properly carried out its trustee duties of prudence, loyalty and impartiality to conserve and maintain the environment by prohibiting degradation, diminution and depletion.
EHB has upheld various types of permits under this standard, in some cases, collapsing the analysis under the second part of the test based on the facts and record reviewed under the first part of the test.
The parameters of local government regulation of the oil and gas industry continue to be refined and left uncertain by the ongoing judicial fallout from the Pennsylvania Supreme Court's 2013 decision in Robinson Township v. Commonwealth. The Robinson Township Court invalidated two sections of Pennsylvania's updated Oil and Gas Act (Act 13) that limited the authority of local governments to regulate oil and gas operations. A precursor to the Court's consideration of PEDF v. Commonwealth, the three justice plurality in Robinson Township based its decision on a reinvigorated interpretation and application of ERA.
The Supreme Court again considered the implications of Robinson Township in Gorsline v. Board of Supervisors of Fairfield Township. The Commonwealth Court had upheld a township's conditional- use approval of an oil and gas well in a residential agriculture (RA) district pursuant to a zoning ordinance "savings" or "catch-all" provision. The Commonwealth Court found that the proposed well was similar to and compatible with other uses permitted in that district and rejected Robinson Township/ERA-based arguments to the contrary. Although there was no appeal by right, the Supreme Court agreed to take the case.
On June 1, the Supreme Court published its 4-3 decision. The majority reversed the Commonwealth Court's decision but it did so in a narrow holding, finding that Inflection Energy LLC did not present enough evidence establishing that its proposed unconventional natural gas well pad was "similar to" other uses allowed in the township's RA district.
In addition, the majority cautioned that its narrow holding "should not be misconstrued as an indication that oil and gas development is never permitted in RA districts, or that it is fundamentally incompatible with residential or agricultural uses." The three dissenting justices would have addressed the Robinson Township constitutional question and faulted the objectors for reading Robinson Township too broadly when they claimed that natural gas development is inherently incompatible with residential uses, and its impacts never can be mitigated through imposition of conditions.
Thus, language in both the Gorsline majority and dissenting opinions largely rejected the post-Robinson Township assertion that natural gas wells must be relegated to industrial zoning districts and are fundamentally incompatible with residential or agricultural zoning districts.
In Pennsylvania, Pennsylvania General Energy LLC and Seneca Resources Corporation challenged underground injection well bans adopted in Grant Township in Indiana County and Highland Township in Elk County, respectively.
Both municipalities worked with the Community Environmental Legal Defense Fund, an anti-industry, anti-corporation, community rights organization, to enact self-styled "Community Bill of Rights" ordinances. These ordinances specifically banned underground injection wells, and by implication, other oil and gas development, and purported to supersede any state or federal injection well permit.
PGE had applied for and obtained a PADEP permit to operate an underground injection well in Grant Township, and filed a complaint in the U.S. District Court for the Western District of Pennsylvania challenging the applicable Community Bill of Rights ordinance. The case challenged the constitutionality, validity and enforceability of these local laws.
In 2015, the court invalidated six provisions of the ordinance on state law grounds. In March 2017, the court granted PGE's motion for summary judgment on three counts of PGE's complaint on the remaining federal constitutional claims. PGE continued to pursue its request for damages. In a significant procedural development, PGE filed a motion for sanctions against Grant Township, CELDF and two CELDF attorneys, asserting that they abused the court system by filing frivolous, unfounded and harassing pleadings in pursuit of political objectives and other illegitimate ends.
In January 2018, the court entered a decision granting in part PGE's motion, ordering the two CELDF attorneys to pay PGE $52,000 and directing the clerk to transmit the decision to the Pennsylvania Supreme Court Disciplinary Board with a request to determine appropriate disciplinary measures to be imposed on one of the CELDF attorneys.
After the sanctions ruling, the parties reached an agreement to resolve the remaining claims and damages issues without a trial. PGE agreed to dismiss its remaining constitutional claims and its claims for compensatory and consequential damages. Grant Township agreed to entry of nominal damages in favor of PGE regarding its constitutional claims, on which the court granted summary judgment. PGE was permitted to seek attorneys' fees and costs pursuant to 42 U.S.C. § 1988, and the parties agreed that the order imposing sanctions on the CELDF attorneys would be stayed until 30 days after the court enters final judgment on PGE's petition for attorneys' fees and costs.
In April, PGE filed a petition seeking reimbursement of its attorneys' fees and costs. The township filed an opposition, and the matter is fully briefed and awaiting a final decision from the court.
In November 2017, Mountain Valley Pipeline LLC (MVP) filed an action in the federal District Court in Charleston against the county commission of Fayette County, W.V. The lawsuit sought entry of an order declaring that the Fayette County zoning ordinance, insofar as it would apply to MVP's proposed Stallworth compressor station, is preempted by FERC's issuance to MVP of a certificate of public convenience and necessity pursuant to the federal Natural Gas Act, 15 U.S.C. 717 et seq.
Before the FERC certificate for the MVP project was issued, MVP had submitted an application for rezoning of the compressor station property to allow for industrial use and had appeared before the county commission and its planning commission on numerous occasions in support of that request. Despite those efforts, the county commission ultimately denied MVP's rezoning application on the basis of its determination that the facility would be incompatible with the county's comprehensive plan. On Aug. 29, 2018, the District Court granted summary judgment to MVP, barring the county zoning ordinance from interfering with construction of a FERC-certified compressor station. According to the court, both field and conflict preemption barred enforcement of the ordinance.
In Ohio, the court again has found that state regulations preempt local governments from regulating oil and gas development. Following the Ohio Supreme Court's 2015 decision in State ex rel. Morrison, et al., v. Beck Energy Corporation, which held that Ohio Department of Natural Resources regulations preempted the city of Munroe Falls from applying certain zoning requirements to oil and gas development, the city filed a suit to define the boundaries of the holding.
In the 2016 case, the city of Munroe Falls asserted that the preemption recognized in the Morrison case did not preclude the application of traditional zoning laws to the use (i.e., while the city could not impose a separate regulatory regime for oil and gas development, it argued that it could require oil and gas development to comply with regulations that address traditional zoning concerns, such as neighborhood compatibility). In July 2016, the Summit County Court of Common Pleas issued a decision rejecting the city's position.
The court relied on Morrison to hold that the state's exclusive authority to enforce regulations in regard to oil and gas development prohibited the city from applying its general zoning regulations to oil and gas development. Beck Energy later dismissed its counterclaims and filed a motion for sanctions, which the court granted in the amount of $45,000. The city has appealed that decision.


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Infosecurity Magazine Home » News » Five Million Gmail Credentials Leaked to Russian Forum
Five Million Gmail Credentials Leaked to Russian Forum
As many as five million Gmail user IDs and password combos have been reportedly leaked and posted to a Russian Bitcoin forum. The story is still developing—and Google has yet to make an official statement on the report.
According to Freedom Hacker, a .txt file of Gmail usernames, primarily from Russian users, has been made public on the Bitcoin Security Forum (the link is now not working)—and Reddit subreddit called netsec is now the home of a link that shows the lifted email names and passwords. While much of the Reddit information appears to be old, at least 60% of the compromised accounts are said to be active, according to reports.
The event is illustrative of follow-on dangers as well. Scenting an obvious opportunity, several malicious phishing sites have appeared, offering to check whether someone's email is secure. This is believed to be, of course, a ploy to pick up additional username/password credentials. Users should instead simply change their passwords (including for other services where the same credentials are used), and enable two-factor authentication.
No one knows yet who's behind this, how big the leak actually is or whether Google's servers were compromised. It's entirely possible that the information was phished or gleaned from third-party websites—and it could even be recycled information from previous leaks.
"Catalogues of previously leaked credentials serve as a database for password crackers," explained Yiannis Chrysanthou, security researcher in KPMG's cybersecurity team, in an emailed comment. "This then makes future hacks even easier and quicker, with many passwords cracked in zero time. Password cracking research is moving towards intelligent, efficient and content-aware attack techniques designed to crack the bulk of passwords fast. Every large scale credential leak makes cracking passwords easier for the next one, and organizations adding password complexity to their policies only slightly delays this process instead of stopping it."
He also stressed the multifactor aspect. "The alternative is to use multi factor authentication, as it improves security by combining multiple forms of identification data," he said. "Passwords on their own are just one authentication factor because they rely on 'something the user knows'. By adding an additional factor such as a smartcard (something a user has) or a fingerprint (something the user is), credential theft and impersonation becomes harder. Multi-factor authentication will block traditional attacks relying on guessing or stealing a user's password because the password itself will no longer be sufficient. Of course this extra security comes with increased investment but the improved customer protection makes it viable and valuable."
Google Integrates Gmail and Google+, Raising Privacy Concerns
Bitcoin Mining Affiliate Program Pays Per Mass Malware Infection
One Million Stolen Gmail & Yahoo Accounts for Sale on Dark Web
New York Times Targeted in Hack Attack
Google Rolls Out Advanced Protection for High-Risk Users

redpajama_set_name: RedPajamaCommonCrawl


When I travelled to Hong Kong 17 years ago, the only way to reach the Po Lin monastery on Hong Kong's largest island – Lantau – was via a 1 hour boat ride, followed by 1 hour on a bus. With the construction of the new airport just of Lantau in 1998 you can now simply take the MTR from downtown to Lantau in 20 minutes. A short walk from the MTR station is the Ngong Ping cable car. The 5.7 km cable car ride will take you in 25 min across the island to the Nong Ping plateau and Po Lin monastery. The ride is quite an experience and on a clear day the view is amazing! If you don't have a problem with heights you can take the crystal cabin (it has a glass floor) – I opted for the standard version 🙂 . The Po Lin monastery is quite touristy but very much worth a visit. It features the Tian Tan Buddha, at 112 feet the largest outdoor seated bronze Buddha statue. The statue houses a sacred bone relic of the Gautama Buddha and is therefore a well known pilgrimage site. If you would like to escape the crowds you can do so by following the signs to the wisdom path. A 15 min walk will lead you to this outdoor monument of 38 tall timber columns, engraved with the heart sutra. The columns are arranged in a figure 8 symbolizing infinity. Several hiking paths start there also and the scenery is beautiful. You can easily forget that this is part of Hong Kong.


Richard J. Wozmak, P.E., P.H., LSP, LEP was the LSP-of-record for a large No. 6 oil release in Buzzards Bay,Massachusetts. Approximately 50,000 to 98,000 gallons of oil was released from a barge entering Buzzards Bay in April 2003 when the barge struck a rock. The majority of the oil floated on the water surface impacting approximately 84 miles of Buzzards Bay shoreline. Response crews quickly mobilized under the direction of the U.S Coast Guard to contain and remove oil from the water surface and shoreline.
The LSP was called to the scene to assist the U.S. Coast Guard and MADEP in developing cleanup approaches and goals to meet the requirements of the MCP as well as the Federal Oil Pollution Act of 1990. After initial response actions directed by the U.S. Coast Guard were completed, additional cleanup and site characterization was performed in accordance with the MCP. MCP response actions have consisted mostly of physical oil removal activities under an Immediate Response Action Plan, intertidal and subtidal environmental quality and ecological studies under both preliminary and comprehensive response actions, public involvement activities in the form of public meetings and notifications of important MCP milestones, and human health and ecological risk characterization. The majority of the shoreline affected by the release and the subtidal zone of Buzzards Bay have reached environmental quality conditions allowing the normal use of the bay by local communities, vacationers and the fishing industry.
Response action activities were performed on behalf of the company that owned the barge and their insurance company located in England. Substantial interaction with the Massachusetts Department of Environmental Protection, Massachusetts Division of Marine Fisheries, U.S. Coast Guard, National Oceanic and Atmospheric Administration, the Natural Resources Damages Assessment Team, and the barge company's legal team allowed for a successful cleanup and MCP closure operation under extreme pressure from the Buzzards Bay communities and local officials, and public interest groups. In addition, substantial public involvement activities kept the communities that use Buzzards Bay informed of response actions giving them a high level of confidence that the Bay was being restored to conditions that were safe for normal uses and activities.


SKOR North – TIL Twins Notebook: Willians Astudillo hits snag; Kyle Gibson wants to add lbs.
TIL Twins Notebook: Willians Astudillo hits snag; Kyle Gibson wants to add lbs.
FORT MYERS, Fla. — Twins pitchers and catchers reported to spring training officially on Wednesday for their physical exams, and workouts begun for certain members of the group as the rain soaked the ball fields at CenturyLink Sports Complex. Observers with a vested interest in such matters did NOT report any sighting of Manny Machado, and it's strongly believed that he's not making his way to Twins camp.
*Willians Astudillo will once again be delayed reporting to camp because of paperwork issues, two people with the Twins said. It's a holdup in getting from Venezuela, where he starred for his Winter League team, to the U.S., where he's hoping to earn a spot on the Twins' 25-man roster out of spring training. Astudillo was delayed last year, too, in his first season in the organization. Then he earned a call-up by mid-summer and by the fall he was a fan favorite among Twins supporters as well as the Internet's Favorite Baseball Player.
Word from the Twins is that Astudillo is expected to travel to Fort Myers on Friday — the paperwork issues evidently in his rearview mirror. Saturday would be his first day at big league camp, two days ahead of the first full-squad workout on the schedule for the Twins.
*Kyle Gibson, who got sick with E. coli earlier this winter, is back at Twins camp and might take things slowly this spring training. In addition to the serious nature of the illness, Gibson lost some weight, at one point bottoming out at about 199 pounds. Gibson told us Wednesday that he's on the mend and feeling better than he had been – and added that his goal will be to add another 10-12 points to get back to his customary 215 pounds to pitch through the season. He shouldn't have to "make" the club with the way he pitched last season, though it'll be interesting to track his quest back to full strength here in Fort Myers now that the rest of the group is set to get rolling.
*Robbie Grossman signed a 1-year contract with the Oakland A's, according to multiple reports, for about $2 million. The Twins had non-tendered him over the winter rather than paying him a couple million more than that, and so he went looking for work, like a lot of other players this winter. The Billy Beane A's and Robbie Grossman. That kind of feels right, doesn't it?
*Phillies ace Aaron Nola agreed to a contract extension on Wednesday. The young pitcher had 3 years of team control remaining, but rather than haggle around year to year, the Phils got something done long-term that can be seen as something good for the club and for the player.
Nola is 25 years old and already has two great seasons under his belt. It's being reported as a 4-year contract worth $45 million, and there's a club option for another season after that at $16 million, per reports ($4.25 million buyout). So really it's just shy of $50 million guaranted before getting into the business of performance bonuses.
It's intriguing in the context of the Twins, even though you might not categorize J.O. Berrios as being in that same echelon right now. Still, the market for good young pitchers with several remaining years of team control just got another data point.
*The Twins had more than 50 employees in an all-staff meeting earlier this week to go over the roster of players. Where they're at, what they're working on, and how the staffers — from research & development to athletic trainers to nutritionists — can help that player reach his peak performance.
*The Twins have made no secret about their desire to make information-based decisions under Derek Falvey. And data counts as information. To that end, the Twins are working with tech like Rapsodo machines, Trackmn and Edgertronic cameras to try to gather data that can help get the best out of a player. That's not limited to the number-crunchers in R&D, Falvey said, but it's woven tightly into the fabric of the coaching staff.
*The Twins aren't saying that they're done building their roster. They might be, but Falvey went back to the old line "We don't turn off our phones" during spring training. He said the exact same thing at this time last year. Many people made fun of him for it. And then the Twins signed 3 more Major Leaguers (and cut one) as camp progressed. Falvey was asked when he'd have a good idea of his 25-man roster ahead of opening day on March 28. He indicated, with a smile, that March 27 sounded like a good day for that final decision.
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Sometimes it's difficult to be Ready for the Holidays when someone in the house has dementia.
Frena always sees care-giving through kind and thoughtful eyes and understands that holidays can be different for those with Alzheimer's dementia and their caregivers.
"You must see the world as they do on this wonderful day of celebration," says Frena Gray Davidson.
Frena's list for a super holiday on the 4th of july goes like this: and personally, I think this list suits every other holiday as well.
Don't forget to thank them for being there with you and tell them how glad you are — do you know how seldom people with dementia hear those kind words?
Frena Gray-Davidson has worked with those who have dementia for more than 20 years. She's a best selling author and is internationally recognized for her care-giver training workshops.
Frena often says that if you only listen, the person you love is still inside the person with dementia. With this book she shares new ways to listen and find your loved one within. "Speaking Dementia" is compassionate, practical and filled with solutions for many problems between caregiver and the person with dementia.


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Attorney behind thousands of Northern California ADA lawsuits to plead guilty in tax fraud case
By Sacramento Bee
Sacramento attorney Scott Norris Johnson, who gained notoriety among California business owners as he filed thousands of disability lawsuits over the past 20 years, is expected to plead guilty Tuesday to a single count of filing a false tax return, part of a plea agreement that could net him 18 months of home confinement.
The plea before U.S. District Judge John A. Mendez in Sacramento federal court is expected to close the books on a three-count tax indictment against Johnson from 2019, when he was still operating at the height of his time visiting businesses and suing over alleged violations of the Americans with Disabilities Act.
Johnson's attorney, Malcolm Segal, emphasized Monday that his client's plea agreement involves a dispute over tax returns, not any charge involving his serial ADA lawsuits.
"While it is clear that some portions of Mr. Johnson's tax returns were not accurate, the government settled their claim against him and put this case to an end," Segal said. "Of course, we wait for the court to approve the agreement and determine whether or not to along with the government's determination not to take this case to trial."
"This case is just about taxes," Segal added.
The plea agreement calls for Johnson, 60, to plead guilty to one count of filing a false tax return from the 2012 tax year, pay $250,000 in restitution to the Internal Revenue Service and face a sentence of 18 months of home confinement rather than prison because he is a quadriplegic who relies on a motorized wheelchair and service dog.
The maximum penalty for the count is three years in custody, a $250,000 fine and one year of supervised release.
Whether Johnson would be permitted during his sentence to venture out to visit businesses is up to federal probation officials, Segal said, adding that Johnson's lawsuits were not his business but a determination by him to see that the terms of the visionary 1990 ADA were followed.
"Probation will decide what terms to apply for him to leave his home, but it's important to understand this was not his work," Segal said. "His visiting businesses to make sure they were in compliance was his passion."
Business owners and attorneys who faced off in court against him saw Johnson in a different light, saying over the years that he sometimes filed lawsuits after simply driving by their establishments and later agreed to settle cases in exchange for payments and agreements to fix ADA violations involving parking spaces, handrails and ramp levels.
"Given his litigious history and how it has affected numerous small businesses in the region - and has even shut some down - I think it's fitting and proper that justice be served," said Sacramento attorney Shane Singh, who has defended about 175 cases involving suits by Johnson and won several that went to trial. "I'm glad that the legal process played out in this manner."
Johnson was a focus of a three-part investigative series in The Sacramento Bee in 2006, "The Price of Access," that described how lawyers use ADA suits to force compliance with the law but also to earn thousands of dollars from small business owners who quickly agree to settle the suits rather than fight them out in court.
Court papers say Johnson filed at least 4,000 such lawsuits against Northern California business and property owners, filing many through his Disabled Access Prevents Injury firm.
Later, he used the San Diego-based Potter Handy law firm, which provided prosecutors with various records, "including numerous settlement agreements related to Johnson's lawsuits, engagement agreements, and emails," the plea agreement says.
"Potter Handy also produced a spreadsheet listing settlement amounts and attorney's fees paid in connection with each lawsuit filed by Potter Handy, along with associated settlement payment dates," the court filing says. "According to Potter Handy, Johnson received settlement payments totaling approximately $93,000 in 2013 and $1.1 million in 2014.
"After withholding attorney's fees paid to Potter Handy, Johnson personally received $31,000 and $419,000 in 2013 and 2014, respectively."
Those documents were among more than 447,000 pages of documents accumulated in the case, court filings say.
Even after facing indictment on the tax counts, Johnson did not slow down his lawsuit filing, a June 2021 Bee analysis of federal court filings found. In the year since his May 2019 indictment, Johnson, a Carmichael resident, filed more than 1,000 ADA lawsuits in the Bay Area, sometimes filing a dozen or more on the same day.
In a deposition he gave in September to Singh over a lawsuit Johnson had filed against a Bay Area restaurant, Johnson described himself as someone who spends his weekends in the Bay Area because he enjoys it and that he acts as an "ADA tester."
"Just my personal definition is someone with a disability who will go to a business for their goods and services, and, you know, encounter a barrier related to - like myself related to my disability," he said. "Depending on the nature and extent of the barrier, I will then seek enforcement, removal of that barrier."
Segal defended his client, saying Johnson's lawsuits helped many other disabled citizens gain access to businesses.
"Over the years, Scott Johnson has given businesses an opportunity to correct problems by agreeing to make the changes needed so that elderly and infirm people can enjoy the same access everyone else has to shop and dine without him having to file a lawsuit," Segal said. "If the businesses did not do what the law requires, Scott Johnson sued them and forced them to make changes necessary to grant people access to the business."
Hundreds of thousands paying wrong tax fines
Those on the lowest incomes are being hit hardest by tax penalties, a non-profit says.
Cartersville drug trafficker sentenced in overdose, dismemberment case
After a West Virginia woman died of an overdose in 2019, Seddrick Banks and another man brought her body back to Georgia, where they dismembered her and...
A former Two Rivers teacher will spend time in jail after being found guilty of sexually assaulting a student
The former teacher was placed on probation for three years with one condition being she spend three months in county jail.
Suffern resident barred from drug court because of language barrier, lawsuit alleges
The resident, who is Latino, alleges in a lawsuit that he was barred from Rockland County's drug court because he does not speak English fluently.


Veteran Chinese developer SHOKAI Group has had years of practice cultivating the challenging art of mixed use developments. Founded in June 1991, the developer is the Australian arm of the SHOKAI Group, committed to developing functional, sustainable apartments with more than a nod to quality and amenity, resulting in an enviable track record and a reputation for responsible development.
For almost three decades it has demonstrated its unique understanding of the Australian market, having owned the Radisson Hotel and Suites in Sydney's Liverpool Street for twenty years and most recently developing the new Crowne Plaza hotel in the Sydney CBD.
SHOKAI Ausbao revitalised Chinatown with the development of The Quay Apartments, with the residential tower sitting above ground floor retail that underpinned the build and drove property sales in an area that had previously struggled to provide a sense of community.
"We have worked hard to understand the Australian market and respond to its growing needs," said Jason Gao, Australian Regional Director of SHOKAI.
Set across three towers, 618 apartments are earmarked for the project that will include a medical centre, a childcare centre, alfresco cafés, iconic restaurants and specialty retailers anchored by a supermarket. Granville Place will provide an affordable and ideally located response to inner city living for young professionals, growing families and market entrants.
"It's an exciting opportunity that melds our knowledge of urban development with an outstanding geographical location adjacent to a significant growth corridor," he said.
With Parramatta earmarked as the future second central business district of Sydney and plans already well underway to ensure its growth, Granville is strategically placed to take advantage of this expansion. With the highest rental yields in the Parramatta region and the greatest annual growth in Western Sydney outside of Parramatta, Mr Gao says the project is less of a risk than an educated and strategic undertaking.
Properties will be priced affordably, giving first home buyers a rare opportunity to break into the Sydney property market just kilometres from a major business hub.
Partnering with Develotek Property Group who spent more than a year putting the site together, including the purchase of almost 40 parcels of property, SHOKAI Ausbao have lent their capital and development experience to the project. Develotek also sought and gained development approval prior to the commencement of the project.
"While property prices have been shaky across some suburbs of Sydney, Granville has continued to outperform surrounding areas and it is this continued positive response that cemented our interest in the area," Robert Sargis, Develotek Property Group Director said.


Enjoy loft-like living in the perfect Upper West Side neighborhood in this dazzling two-bedroom, one-bathroom co-op in a historic prewar building. Gleaming wide-plank floors, high ceilings, voluminous storage and shoji-style doors highlight this home's grand proportions and great style. A generous foyer entrance invites you inside to take in the massive great room that stretches 34 feet long with north and south-facing windows. The dining area has plenty of room to relax or stage gracious dinner parties, and the exceptional windowed kitchen is more than up to the task. A wall of artfully integrated bird's eye maple cabinetry delivers plenty of storage while professional-grade appliances include a stunning polished copper La Cornue Le Chateau range, featuring four burners, two ovens, a hot plate and a stone grill; a built-in Gaggenau deep fryer; a 48-inch Sub-Zero refrigerator; and a Miele dishwasher. The generously sized windowed bathroom features floor-to-ceiling marble, a decadent jetted soaking tub, and a separate stall shower. The Living Room, master bedroom and bathroom offer views of the Hudson River. Storage will never be a concern here thanks to multiple closets in the bedrooms, hallway and foyer. The wet-bar can easily be converted to a washer-dryer closet. Built in 1916, the building is a handsome Renaissance Revival building designed in brick, stone and terra cotta by the firm of Neville & Bagge, responsible for a number of the buildings along this stretch of West End Avenue. Situated within the Riverside-West End Historic District and converted to cooperative use in 1980, today's residents of this pet-friendly building enjoy white-glove service and amenities, including full-time doorman, live-in superintendent, FiOS access, laundry, bike room and a shared patio garden. Located at the corner of 99th Street, the delights of Riverside Park are at the end of the block and Central Park is a mere 10-minute stroll and just two express stops on to Midtown. There's fantastic shopping, dining and nightlife along nearby Broadway, a year-round greenmarket on 97th, and Columbus Square provides a Whole Foods, HomeGoods, LOFT and more. Transportation is excellent with multiple bus lines, the local 1 and express 2/ 3, B and C trains all within reach.
789 W End Ave Apt 7B is located in Upper West Side neighborhood in the city of Manhattan, NY.
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789 W End Ave Apt 7 B, Manhattan, NY 10025 is a co-op for sale listed on the market for 10 days. 789 W End Ave Apt 7 B is in the Upper West Side neighborhood, which has a median listing price of $1,600,000. The median listing price for Upper West Side is 10% greater than Manhattan at $1,450,000, and 310% greater than NY at $389,962. Nearby neighborhoods like Upper East Side, Lincoln Square, Midtown East and Lenox Hill have a median listing price of $1,795,000. There are similar and nearby co-ops for sale at 305 W 98th St Apt 4 En, 55 W 95th St Apt 75 and 317 W 95th St Apt Hg.


BAClash is a free-to-play mobile MOBA developed by Feerik Games for iOS and Android. In BAClash players can enjoy a fast-paced, player-versus-player gaming experience in short matches all from the convenience of their mobile devices.
BAClash's map is a classically typical MOBA map involving 3 different lanes, towers in each lane, and enemy bases on opposing ends of the lanes to be destroyed for victory. Jungle camps are also dispersed throughout the map that can be taken over to give you an edge in the game.
What makes BAClash different from most other mobile MOBAS is its control scheme. The game is played entirely from a top-down orientation of the game map where you will use slide-and-release mechanics to glide your mercenary pieces from one position to another, creating a fairly unique way for you to interact with a MOBA setup. The game is also turn-based, allowing you brief moments to plan out your strikes before you initiate them so you can effectively move your units in a particular direction as far as you'd like.
Clans also play an important role in BAClash. By joining clans you can trade tips with other players, strategize together, and work as a group to top the PvP charts and become known as one of the best clans in the game. You'll be able to trade spells with clans members and other players too, giving you even more possibilities to customize your gameplay.
If you've been intimidated in the past by other MOBAs that either have long match times or complex systems, then BAClash might be the MOBA for you. With its simplistic control-scheme and quick matches, you'll be learning how to play and conquer your foes in no time!
-Shortness of matches takes away from some of the strategy.
Description: BAClash is a free-to-play mobile MOBA developed by Feerik Games for iOS and Android where players can take mercenaries into heated, quick matches with slide-mechanics that require precise aim and power.
Holospark's cooperative online FPS, Earthfall, is now available across PC (via Steam), Xbox One, and PlayStation 4.