text:
Q: Calculate number of Sundays in the month In Microsoft Excel I am looking to determine the number of Sundays in any given month.  I am putting together a budget spreadsheet and some of the sub accounts get extra funding when five Sundays are in the month instead of four.
The only cell I have to reference is the title of the sheet which is in Cell A1 and equals the current month. For Example 6/1/14

A: Very similar to a previous answer, but just a little bit cleaner...
=SUMPRODUCT(N(WEEKDAY(ROW(INDIRECT(A1&":"&EOMONTH(A1,0))))=1))

A: =DAY(EOMONTH(A1,0))-NETWORKDAYS.INTL(A1,EOMONTH(A1,0),11)

EDIT: This works in Excel 2016, not sure when NETWORKDAYS.INTL was introduced.

A: Try this where A1 is the starting day of the month:
=SUMPRODUCT(N(TEXT(ROW(INDIRECT(A1&":"&EOMONTH(A1,0))),"ddd")="Sun"))

You can also use this for any day of the week just change "Sun" and any date range by replacing A1 with start date and EOMONTH(A1,0) with end date.

A: If the date you mention is always the first of the month, then this one will also work:
=INT((WEEKDAY(A1-1)+EOMONTH(A1,0)-A1)/7)

A: I believe I've found yet another way to skin this cat (so to speak).
If, you want to avoid entering dates, and have a large sheet for projection (18 months out for example) then you could instead just tell the formula what your month and year are, and have it formatted accordingly. This joined with a absolute reference to a header cells which contains the day of the week in question and you have a much more compact and cleaner table (in my opinion).
A3 = Jan, B3= 2017, C2:I2= 3 Char Day Abbreviation (i.e. SUN)
Enter formula into cell C3
=SUMPRODUCT(N(TEXT(ROW(INDIRECT(DATEVALUE(TEXT(CONCAT($A3,"/",$B3),"mm/dd/yyyy"))&":"&EOMONTH(DATEVALUE(TEXT(CONCAT($A3,"/",$B3),"mm/dd/yyyy")),0))),"ddd")=C$2))

Happy Hunting

A: A slight variation of the accepted answer, where you don't need the first day of the month in A1.
This is achieved by replacing A1 with:
date(year(today()),month(today()),1)

This is assuming that you want it for the current month.
=SUMPRODUCT(N(TEXT(ROW(INDIRECT(date(year(today()),month(today()),1)&":"&EOMONTH(date(year(today()),month(today()),1),0))),"ddd")="Sun"))


text:
Solicitor – Teni Shahiean– CEO and Founder of OTS Solicitor, UK immigration law Specialist
Teni's client is an Iranian national who came to OTS after his Tier 1 (entrepreneur) Visa was refused twice following the applications being made by another Immigration law firm. Our client was not happy with the service he received from his previous Immigration solicitor and felt that after talking to Teni and Maryem, he would receive the best service available from OTS Solicitors.
UK Visas & Immigration first refused our client because they believed that he was not a director of a company. The second time he was refused was because the department claimed he had not properly invested the required £200,000.
How we helped
Teni began by investigating the first two initial refusals. She found that UK Visa & Migration had not considered our client's Certificate of Directorship and had ignored invoices that showed he had invested in his company in a way that is required by the Immigration Rules.
We have submitted a Pre-Action Protocol on our client's behalf, alerting the Home Office that we will be challenging the decision via judicial review. Teni and her team are currently negotiating with the Home Office to try and reach an early settlement.
We will continue to work with our client after his Tier 1 (entrepreneur) Visa is approved; assisting him by ensuring he understands the residency requirements for applying for Indefinite Leave to Remain. We will also work with him and his staff to ensure his business is continuing to be compliant with UK Immigration laws and policies.

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"Whatever affects one directly, affects all indirectly. I can never be what I ought to be until you are what you ought to be. This is the interrelated structure of reality." ~Martin Luther King, Jr.
If you are a writer who believes your words aren't worth reading, remember the power of Reverend King's wisdom. His quote above is one in hundreds of life affirming, soul strengthening edicts honed through his own adversity, love of mankind, human frailty and his ability to overcome.
It's my belief that we are all born into this world with a specific talent to contribute in this world. We are poised to give something of ourselves in order to better the lives of others.
We all need to lead by example. We must all concur fear and adversity to be the person we are destined to be so others may do the same.
Write your words. Tell your story. Allow others to learn by you. You'll never know how many people you will positively touch unless you write that first word.
Check out Adam Braun's 'Pencils of Promise' website, and see how his desire to help children of third world countries gain the education they need by raising funds and resources to build schools where school no longer existed. In his own way, Adam is following MLK's spirit in making this place a better world for those less fortunate, for those wronged and for those with fertile minds ready to bring forth their abilities into this world.
Or look at Malala Yousafzai. Her own story, strength and defiance against injustice, oppression and hatred illustrates the spirit of MLK. Her words, both spoken and written are beacons toward change and inspiration for others to take her example and use it toward their own cause, their own story.
Although their circumstances are vastly different, in doing their work, both Adam and Malala are just two of many people in this world who emulate MLK's humanitarian drive. In Malala's case, it was through her own adversity, one that made her face a violent act that almost killed her. In Adam's case, it was an affluent young man on a student trip, moved by the simple want of a child who only asked for a pencil.
As a writer, you can bring forth the same power in your own way, with your own experience. You can change the world with the written word.
Don't let negative thoughts cloud your talent. Be an MLK. Create to inspire, teach and enlighten. You never know who you will reach.
Perhaps you'll inspire a future Adam Braun or stimulate someone to open the minds of others, to speak of the human condition like Malala.
And his or her word will inspire another…and another…and another. In in doing so, we fulfill Reverend King's essence – the man he sought to be.
Categories: Uncategorized | Tags: I have a dream, Inspiration, Martin Luther King, Martin Luther King Day, MLK, MLK Day, On Writing, Writers Block, Writing, Writing inspiration | Permalink.


We're the people who support children and families with complex bowel and bladder conditions in their worlds. Muddy Puddles provide practical and emotional support tailored to the needs of these children and their families and we give them the opportunity to connect with others in the same boat.
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Due to the nature of the property management industry we are in, unfortunately disputes and complaints do arise. It is our aim to manage and resolve any dispute or complaint as effectively and efficiently as practicable. Our aim is to try and ensure all parties to a dispute are satisfied with the final outcome. To ensure your complaint is handled efficiently and effectively we request all complaints to be delivered in writing.
Your desired outcome of your complaint.
Your daytime contact phone number if we require more details.
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We shall acknowledge all complaints/disputes once received. If you do not receive acknowledgement within 2 business working days please call us on 1300 520530. It is our aim to respond to your complaint as soon as possible. The length of time shall depend on the nature and complexity of the issues you have raised but you shall receive a written response within a maximum duration of 7 days. It is not always possible to provide you with your desired outcome. If you do not believe we have been able to resolve your complaint to your satisfaction please contact the Estate Agents Resolution Service (EARS) at Consumer Affairs Victoria (CAV).


This biscuits and sausage gravy recipe makes for a perfect cozy Sunday brunch with friends. The best part? This recipe is 100% Paleo-approved!
Without a doubt, biscuits with sausage gravy is pure comfort food. Not only is this dish delicious, it also brings back many memories of lazy Sunday brunches with the family. My mother would make homemade, from-scratch biscuits to accompany her creamy gravy recipe.
Unfortunately, refined wheat flour biscuits are not approved for a primal lifestyle. However, you'll be surprised to find out how easy it is to re-create the amazing flavors of biscuits and sausage gravy with Paleo-approved ingredients!
The biscuits in this quick recipe are simple; coconut flour, coconut oil, eggs, salt, baking soda. The gravy has that creamy, sumptuous texture of its milk-based, flour-thickened counterpart, but it's dairy-free and gluten-free! Let's just say it didn't last long when I made it for my family for dinner.
Note: It's very important to the flakiness of these homemade biscuits that you use solid coconut oil, not melted. The solid coconut oil will coat just part of the coconut flour grains and leave others uncoated (hence "coarse crumbs"), leaving you with a flakier baked good. Melted coconut oil is likely to yield tough biscuits. Also, the brand of coconut flour you use matters. Good coconut flour is very finely ground and has a creamy yellow tinge. Some coconut flour is pure white and has an almost "flaky" texture; don't use this for your biscuits unless you want them to fall apart.
What are you waiting for? Get out your mixing bowl and skillet and make sausage gravy with biscuits!
1. To make the biscuits: Preheat the oven to 350°F.
2. Grease a large cookie sheet with a bit of coconut oil.
3. In a bowl, mix together the coconut flour, salt, and baking soda.
4. Cut in the coconut flour until the mixture resembles coarse crumbs.
5. Mix in the eggs until a dough forms. Don't overmix.
6. Pat out on a coconut-floured surface (don't roll; that's too much working of the dough) to about ⅓" thick.
7. Cut as desired into biscuits and transfer to cookie sheet.
9. To make the gravy: In a large skillet over medium heat, brown the sausage until fully cooked.
10. Add the broth, coconut cream, garlic powder, and black pepper. Mix and bring to a simmer.
11. Whisk in the cassava flour mixture and simmer until thickened.
12. Serve the gravy over the warm biscuits. Enjoy!


text:
Q: Sum occurrences of a specific type with start and end position Is it possible to create some kind of summary table like this:
Output
 Type   StartPos    EndPos
 A      1           1
 B      2           3
 A      4           7
 B      8           9
 A      10          15

...from data like this:
Input
Nr  Name    Type
1   Foo1    A
2   Foo2    B
3   Foo3    B
4   Foo4    A
5   Foo5    A
6   Foo6    A
7   Foo7    A
8   Foo8    B
9   Foo9    B
10  Foo10   A
11  Foo11   A
12  Foo12   A
13  Foo13   A
14  Foo14   A
15  Foo15   A

...where occurrences of "Type" ar summed (with start and end position) until the next Type occurs.
Any help, ideas or pointers are very much appreciated!

A: Assuming your original table is in A1:C16 (with headers in row 1), enter Type, StartPos and EndPos in E1, F1 and G1 respectively.
Then enter this formula in D1:
=SUMPRODUCT(0+($C$2:$C$16<>$C$3:$C$17))
Then this array formula** in G2:
=IF(ROWS($1:1)>$D$1,"",SMALL(IF($C$2:$C$16<>$C$3:$C$17,ROW($C$2:$C$16)-MIN(ROW($C$2:$C$16))+1),ROWS($1:1)))
Copy this formula down (though not the one in D1 - that's a one-off) until you start to get blanks for the results.
Then this (non-array) formula in F2:
=IF(ROWS($1:1)=1,1,IF(G2="","",G1+1))
Then this (non-array) formula in E2:
=IF(F2="","",IF(ROWS($1:1)=1,$C$2,IF(E1="A","B","A")))
Again, copy both these down as required.
Note that, since your example featured no Type data other than "A" or "B", and you didn't mention whether there indeed could be such data, I have not accounted for such a possibility in the above set-up, and have "hard-coded" these two values into one of the formulas.
Note also that the values in columns F and G are not derived from your entries in the Nr column (I don't see the relevance of this data, unless it's simply a listing of integers from 1 onwards) but are the relative row numbers within the table at each change in StartPos/EndPos.
Regards
**Array formulas are not entered in the same way as 'standard' formulas. Instead of pressing just ENTER, you first hold down CTRL and SHIFT, and only then press ENTER. If you've done it correctly, you'll notice Excel puts curly brackets {} around the formula (though do not attempt to manually insert these yourself).

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Federal law requires state Medicaid programs to ensure that Medicaid beneficiaries can access services to at least the same extent as the general population in the same area. The Centers for Medicare & Medicaid Services (CMS) recently issued a final rule implementing this equal access provision. The rule sets new requirements for states to create a data-driven process and plan to monitor and review access to services for fee-for-service enrollees in Medical Assistance, as compared to the general population.
Actual or estimated levels of provider payment available from other payers, including other public and private payers, by provider type and site of service.
DHS submitted the Access Monitoring Review Plan to CMS on Sept. 30, 2016.


Everything we do is to strive for excellence. We aim to excel in human capital and to develop quality product & services for our consumers.
In today's fast paced environment, the only constant thing is change. We are determined to work with our R&D team to constantly improve and innovate our products to suit consumer needs.
We respect human rights and do not condone forced, or involuntary labour, or exploitation of child labour.
Paste-It is meant to create a better home for everyone and earth is our home. Earth graces us with natural resources and energy. With this in mind, we strives our best to create lesser waste for the environment in order to prolong this world for our future generations.


Welcome to season 2 episode 2 of the podcast!
My guest for this episode is restaurant franchisor Alec Hart. We met in Panama not long about, following the opening of CBC (California Burrito Company). CBC is focused on healthy food with an over-arcing goal of expansion through franchising.
Much to the surprise of many, Panama is not known for burritos, nor anything that remotely resembles Mexican food. Not even tortillas.
CBC wasn't started in Panama. Panama in fact fourth (or fifth) of the Latin American countries to have CBC locations.
Alec's business long ago evolved into a franchise model, he being the master franchisor. He's embarking on the third act of his restaurant career with a goal to repeat past success, by franchising CBC right here in Panama. All for the love of a grandchild. The prize? College tuition for said grandson.
His business and his story are interesting, as is he as a person. He's also fun. Alec has whimsy, which is one of the many things I like about him.


In general, I expect that changes in stainless steel prices will be mostly driven by changes in prices for the main stainless steel raw materials: nickel, ferrochrome. Total production will remain strong (3-4% per annum), and the main growth will come from ex-China, India and Indonesia.
In short-term it is expected some additional cuts in China, however the price increasing in 2017 as traders rebuilt inventories suggests to us that the cuts are largely priced in. And already in 2018-2019 I expect slowing of Chinese real estate sector and thus demand decreasing. As a result I think that steel market will be balanced or in a little deficit, thus, price will be at current level or decrease slowly.


Working long hours as a programmer can be both comforting and comfortable. After all, you have an easy solution to every problem: a few more hours at your desk, a few more hours staring at a screen in the dark. And working long hours is a natural attitude to take, since at the root of it, working long hours comes from valuing work, your craft as a programmer, and your obligations as a professional.
There is a different approach you can take. Instead of valuing work, you can value outcomes: outcomes at your job, outcomes in your life, outcomes in the world. Valuing outcomes is not comfortable. It forces you to reconsider and doubt your every step, and if you fail—and we all fail occasionally—your hard work becomes worthless.
But while valuing outcomes is uncomfortable and difficult, if you do it long enough you will find yourself—every once in the while—with the ability to grasp the moment and change the world. Just a little, in whatever corner you live in, but change it nonetheless.
The most direct way to learn this attitude is to reduce your working hours. If you had to do your work in 32 hours a week, instead of 45, or 50, or 60—what would need to change?
If you prioritize shipping features as quickly as possible, you can simply work longer to compensate for the buggy features you're shipping.
If you believe in quality above all else, you can spend the extra time to reach 100% test coverage of every little piece of code.
But if you work fewer hours, you will need to make decisions and tradeoffs, because you won't have those extra hours. Some code will need automated tests for stability and maintainability, some code will need manual tests every time you change it, some code will be used once and thrown away. And you will need to make that choice, every single time. Which is to say, you will be forced to think about why you're writing this code, and what it will be used for.
If you work long hours, the direction you go in matters less: if it's the wrong direction, you can just work a few more hours when you eventually find out after you finish your task.
But if you work fewer hours, you will find yourself constantly plagued by doubt: is this the right direction? Are you doing the right thing? You may end up changing direction half-way, abandoning your work—however much it pains you—when you realize there's a better way to your destination. You will have to spend much more time thinking and planning up front, to make sure you arrive at the right place on time.
Speaking of time, deadlines cause less worry when you work long hours. If you hit your deadline, great. If you didn't, well, you worked long and hard, and who can blame you if you failed?
If you work fewer hours, deadlines are a constant gnawing presence, always getting closer. You will need to plan for them well in advance, always asking questions, on the lookout for unstated requirements and forgotten deliverables. And sometimes you'll be forced to find new solutions so you can hit those deadlines in time—and, of course, sometimes you will fail to find those solutions. And then you'll look bad, because you didn't work on the weekend, so whose fault is it the deadline was missed?
When you work long hours, it's easier to demonstrate how valuable you are to your boss: you were there on the weekend, after all. If you work fewer hours, well, who can say you're really getting much done? Did you deliver anything of value? How will you prove it?
Even worse than your boss is your own self-image. When you work long hours, your self-worth is about your work: you work hard, and that at least is something to be proud of, even if the project failed. If you work fewer hours you won't be able to feel proud of all the hours you worked. You'll be forced to consider the results, the outcomes: if you failed to deliver, you failed.
Go through all this and— you'll become effective.
You will think more, and find the simple solution that takes a day, where previously you would just start coding—and spend a week coding, at that.
You will learn to build what is needed, where previously you would build what you knew.
You will learn to prioritize, and prioritize well.
Valuing outcomes is not comfortable, but it is empowering. And good day or bad, you get to go home at a reasonable hour and do whatever you feel like. Which feels pretty damn good too.
You don't have to take my word for it, either: it's easy to try out. If you're working long hours, try spending a month working 40 hours a week, no more. Once you can no longer rely on working longer hours to solve all your problems, you'll soon find yourself approaching your work very differently.


text:
Jaume Aymà i Ayala (Barcelona, 12 de gener de 1882 - Sant Cugat del Vallès, 9 de febrer de 1964) fou un editor català.

Biografia
Des de la seva joventut s'interessà pel cultiu de les arts gràfiques, estudiant en Institut Català de les Arts del Llibre i sent en aquell temps deixeble d'Eudald Canivell i Masbernat. També va estudiar dibuix, col·laborà assíduament en la revista Joventut i començà a interessar-se pel teatre, del que més tard iniciaria l'edició d'alguns drames clàssics espanyols. El 1900 fou un dels fundadors de l'Associació Catalanista Lo Renaixement, i també col·laborà a les publicacions El Poble Català.

Sempre en col·laboració amb el seu fill Jaume Aymà i Mayol, i incorporant més tard a la seva tasca editorial als seus nets, el 1939 publicà una reimpressió de Rinconcete y Cortadillo, de Miguel de Cervantes, que seria el punt de sortida de la seva llarga, intel·ligent i generosa labor, tant en favor del llibre en general com de les lletres catalanes. En aquest últim sentit el 1944 va fundar amb el seu fill l'editorial Aymà, que convocarà des del 1947 el Premi Joanot Martorell per a novel·la catalana.

Els primers autors que edità foren Walter Pater, Rainer Maria Rilke, Aloysius Bertrand, etc., presentat a Espanya, en castellà, Allò que el vent s'endugué, d'èxit memorable, així com les obres de Georges Simenon, i d'altres molts autors del transcurs del temps.

D'altres obres: la col·lecció Guió d'Or, amb volums de caràcter històric signats per Jordi Rubió i Balaguer, Josep Romeu, Joan Ainaud de Lasarte, Joan Reglà i Campistol, i el molt important de Ramon d'Abadal, L'Abat Oliba, bisbe de Vic i la seva època; la col·lecció Barcelona, històrica y monumental, que marca la col·laboració amb l'Editorial Aymà, d'Agustí Duran i Sanpere; Barcelona, divulgación histórica, en vuit volums, sota la direcció de lInstitut Municipal Històric de la Ciutat; els dibuixos de Dionís Baixeras i Verdaguer, sobre la Barcelona que desaparegué amb la gran reforma urbanística; L'Art Català, de Folch i Torres; L'Art Modernista Català de Cirici Pellicer; Les terres catalanes, de Pere Blasi; L'humor a la Barcelona del nou-cents, il·lustrat per Xavier Nogués; L'Eucaristia en el Arte español de Manuel Trens i Ribas; etc.

Tots aquests llibres, col·leccions i series, li proporcionaren durant diversos anys premis atorgats per l'Institut Nacional del Llibre Espanyol, la Cambra d'Indústria –Fira de Mostres– i altres organismes oficials.

 Referències

 Suplement dels anys 1963-1964, pàg. 182 de lEnciclopèdia Espasa ()

Editors barcelonins contemporanis

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iTunes/Apple Podcasts is the big one. This is where the biggest audiences lie and it should be your top priority. Your performance on iTunes will be largely the main metric for your overall success, so it's critical you get on here to build that initial momentum.
To get your podcast online, first, you need to sign up for iTunes Podcast Connect. You'll then want to click the little plus symbol at the top left of the dashboard and from here, you can enter your RSS feed into the textbox and click 'validate'.
A Feed Preview will load as long as everything is in order and working properly. You can then click 'Submit' and it will be submitted to the directory.
The problem with relying solely on iTunes is that not everyone has it and some people dislike Apple enough that they won't install it either. If you are on one more podcast, then make it Stitcher – it has a great app and makes finding and listening to podcasts just as easy as listening to Spotify or using any other app.
Submitting to Stitcher once again means submitting your RSS feed, which is thankfully a fairly easy process. You'll register for an account, then click 'Add Shows'. Enter some information about your podcast, including the address for your fee, and then click to agree to the terms. Now submit!
Another big one with apps for iOS and Android. It has over 60 million monthly active users, so this one is no slouch and is definitely worth your attention.
To add your podcast (or 'station') to TuneIn, just read the online form and accept the terms and conditions. You'll then need a streaming URL and if the URL isn't active 24/7, you can include times when it won't be available – which could be useful for some people.
iHeartRadio is owned by iHeartMedia and was founded in April 2008. It is used both for music and for podcasts and is rapidly growing.
To submit to iHeartRadio, you can again sign up and then share your RSS feed. Alternatively, though, you can also record directly using iHeartRadio, through their 'Create' screen. Keeping everything in one place.
If you want somewhere that is a little less competitive, then try PodDirectory and you'll have a good chance of standing out. This is easy to use in-browser and it makes submitting easy for users too.
Once again, there is a basic process for submitting your podcast. All you need to do is to go to the submit page, then enter the RSS feed URL and tick the box to say 'I'm not a robot'! In fact, it is the quickest one of all!
Another online directory that lets users play podcasts straight from their browsers. It's again a slightly easier place to get seen.
Again, things are simple here – though there are a few more items to fill in such as a category, your language and your 'unique identifier'. The page is titled 'recommend podcast', so there's no guarantee it will get on and that means you're also permitted to recommend posts that aren't your own.
Google Play Music is massive and will give you access to all Android users – a usership that is actually bigger than Apples. Don't ignore this one.
To get involved, you'll need to go to the 'Podcast Portal' page, click 'Get Started' and then click 'Add a Podcast'. Enter your RSS feed and make sure you're logged in to your Google account.
Libsyn is another app that lets people find their favorite podcast, like Stitcher. It's slightly smaller (12,000+ podcasts currently) which aids discoverability.
Libsyn makes this very easy, just go to Libsyn.com/podcast-source-submit/ and enter your feed URL and your email.
As you can see then, there are plenty of places to submit your podcasts and doing so is generally a very easy process indeed. The more sites your podcast is on, the better your chances of getting discovered. And by spreading your brand across smaller sites with less competition and much larger platforms, you'll be able to build momentum for growth. Just don't forget you need to promote your podcast yourself too!
To get on these sites, apps and stores, you normally just need to find the submissions page and enter your URL. For something bigger like Apple, you'll need to sign up but that's about the only difference. It's a slightly lengthier process but more than worth it in the long run. If in doubt, just Google 'submit podcast to X' and you'll find the page you need to submit too.
And of course, that all means you also need somewhere to actually host your feed – that bit is up to you!


text:
Аспиднохвостый трогон () — вид птиц из семейства трогоновых. Встречается в Мексике, по всей Центральной Америке, а также в Колумбии и Эквадоре.

Классификация
По состоянию на 2021 г. выделяются три подвида аспиднохвостого трогона: номинант T. m. massena, T. m. hoffmanni и Т. m. australis. Последний иногда рассматривается как подвид чернохвостого трогона (T. melanurus) или как отдельный вид.

Описание

У аспиднохвостых трогонов выражен половой деморфизм: оперения самок и самцов отличаются. Длина асиднохвостого трогона — от 30 до 35,5 см, а масса — от 140 до 155 г. Самец номинантного повида имеет оранжево-красный клюв и тускло-черное лицо, подбородок и верхнюю часть горла, а также красно-оранжевое кольцо вокруг глаз. Верхняя часть тела имеет металлический зеленый цвет, спина — золотисто-зелёный, на макушке и крупе — голубовато-зелёный, а живот и выступ — темно-красного цвета. Самка заменяет большую часть зеленого цвета самца серым, который на верхней части груди светлее, чем на верхней части туловища. Верх хвоста черный. Верхняя челюсть у самок темно-серая. Оперение самца T. m. hoffmanni по существу такое же, как у номинативного, но верхняя часть хвоста более золотистый цвет. Т. м. australis меньше номинативного подвида. По сравнению с номинантом, у самцов надхвостье голубовато-зелёное, а у самок — более тёмно-серое. Подхвостье самца более коричневое, чем у номинанта, а на лице и горле больше металлического зеленого цвета.

Распространение и среда обитания
Номинальный подвид аспиднохвостого трогона встречается на Карибском склоне от южной части Мексики через Белиз, Гондурас и Гватемалу до Никарагуа. Т. м. hoffmanni встречается на Карибском и тихоокеанских склонах Коста-Рики и Панамы, а также на крайнем северо-западе Колумбии. Т. м. australis встречается в западной Колумбии и далеко на северо-западе Эквадора. Этот подвид в основном обитает в тропических вечнозеленых лесах и зрелых вторичных лесах, а также может быть найден в галерейных лесах, кофейных плантациях и мангровых зарослях. Аспиднохвостый трогон обитает на высоте до 600 м в Мексике и на севере Центральной Америки, в Коста-Рике — до 1200 м, в Панаме — до 1400 м, в Колумбии — до 1100 м.

Размножение
Сезон размножения аспиднохвостого трогона варьируется географически, но в целом длится с февраля по июль. Самцы и самки демонстрируют друг друга, поднимая хвост и взбивая скрытые перья надхвостья. Гнездится на высоте до 15 метров в полости, вырытой в термитнике или в гниющем стволе дерева. Типичная кладка — это два или три белых или голубовато-белых яйца, которые насиживают представители обоих полов.

Охранный статус
МСОП оценил аспиднохвостого трогона как вызывающего наименьшее беспокойство.

Примечания

Ссылки
https://www.hbw.com/ibc/species/slaty-tailed-trogon-trogon-massena
http://www.bird-stamps.org/cspecies/8802100.htm
http://vireo.acnatsci.org/search.html?Form=Search&SEARCHBY=Common&KEYWORDS=slaty-tailed+trogon&showwhat=images&AGE=All&SEX=All&ACT=All&Search=Search&VIEW=All&ORIENTATION=All&RESULTS=24

Трогоны
Птицы Центральной Америки
Животные, описанные в 1838 году


PROFESSIONAL ACTIVITIES: Member of the following bar associations: Texas, Oklahoma, Amarillo, Dallas, Houston and Austin Member of the following professional landman associations: American, Texas Panhandle, Oklahoma City, Tulsa, Fort Worth, Dallas, Denver and Permian Basin Member of the National Association of Division Order Analysts (NADOA), the Oklahoma City Chapter (CAPDOA) and the Tulsa Chapter (SADOA) Member of the State Bar of Texas Title Standards Joint Editorial Board. Member of the National Association of Scholars LAW RELATED PUBLICATIONS: Significant Differences in Oil and Gas Principles between Producing States: From the Landman's Perspective - Texas and Oklahoma - Coauthor - published in The Landman, 11-12/89 and 1-2/90 issues; Title Examination Refresher - Author/Speaker - Review of Oil and Gas Law V (1990)- Oil, Gas and Mineral Section of the Dallas Bar Association; Title Examination of Fee Lands (Constructive Notice Revisited) Author/speaker - Mineral Title Examination III (1992) Rocky Mountain Mineral Law Foundation, Denver, Colorado; Probate Estates in Texas, Oklahoma and Louisiana Author/Speaker - 19th Annual NADOA Institute (1992), Dallas, Texas; A Comparative Review of Oil & Gas Law: Texas-Oklahoma-Arkansas -Co-Author/Co-Speaker - Natural Resources Law Institute (1993), Hot Springs, Arkansas; Revenge Against the Title Nerds! (How Texas' proposed title standards can help you avoid technical title objections) -Author/Speaker - Review of Oil and Gas Law VIII(1993)- Energy Law Section of the Dallas Bar Association; Due Diligence Title Review: The Problem Areas, Where to Look and How to Solve. -Author/Speaker - Sixth Annual Dallas Energy Symposium (1994), Dallas, Texas; Suspense Issues that Affect the Division Order Analyst. - Author/Speaker - 21st Annual NADOA Institute (1994), San Antonio, Texas; Non-Consenting Mineral Owners. -Author/Speaker - 24th Annual NADOA Institute (1997), New Orleans, Louisiana; Drafting Tips For Oil & Gas Leases and Conveyance - Author/Speaker - University of Texas 24th Annual Oil, Gas and Mineral Law Institute (1998), Houston, Texas; State Royalty Payment Statute - State Check Stub Requirement Statutes - Author/Speaker - 2nd Annual National Oil & Gas Royalty Conference (1998), Houston, Texas; A Model Form Title Opinion Format - Is it Possible? Is it Practical? - Author -Vol. 25, No. 2 - Oil, Gas and Mineral Law Section Report (December, 2000) - State Bar of Texas; Basic Conveying Rules for Mineral Deeds and Assignments of Oil and Gas Leases - Co-Author/Speaker - 19th Annual Advanced Oil, Gas & Energy Resources Law Institute (2001), San Antonio, Texas; Shut-In Gas Royalty - How to Avoid a Train Wreck - Author/Speaker - St. Mary's University School of Law Mineral/Royalty Owners & Producers Institute (2002), Midland, Texas; Constructive Notice ( A Multi-state perspective) - Author/Speaker - 20th Annual Advanced Oil, Gas & Energy Resources Law Institute (2002), Dallas, Texas; Pooling - From A to Horizontal - Author/Speaker - St. Mary's University School of Law, Mine Fields & Minerals Institute (2003), Midland, Texas; Accessing Local Records - Preparing the Chain of Title - Author/Speaker - Mineral Title Examination IV (2007) Rocky Mountain Mineral Law Foundation, Denver, Colorado; Legal Descriptions and Wellbore Assignments - Co-Author/Speaker - 25th Annual Advanced Oil, Gas & Energy Resources Law Institute (2007), Houston, Texas.
George, you are without mercy. All right, here is something you may say about Arkansas.
Luncheon, Oil and Gas Section  CALIFORNIA UPDATES Dear George; As you have requested, below.is an overview of various issues currently affecting the oil and gas industry here in California. Titlelssues. While certainly not unique to California, one particular issue we are seeing with increasing frequency involves surface access disputes in severed estate situations. California is perhaps the only oil and gas producing state that has not adopted the aCcommodation doctrine and which does not,have any surface-damage laws on the books. With more and moresurface access issues arising, however, the courts and/or Legislatu're may be taldrig a new look at this issue soon. A different but related issue we have also seen on several different occasions includes disputes between severed mineral owners/lessees and "surface only" energy operations, such as solar and wind developers. As with the rest of the country, we anticipate this to be an issue that will likely become more common with increased demand for alternative energy development.
Over the past few years there has been an increase in'interest, in heavy crude, which is fairly prevalent in quite a few areas throughout California. Interest was at a high a few years ago when the price of oil was breaking records, but we have seen interest pick, up again recently as the price of oil has remained relatively high and steady..
Joshua L. Baker Sean B. Murphy James M. Day, Jr.
This memorandum will report on current oil and gas issues in the state of Colorado.
In 2010, Colorado proved to be the regional leader and among the national leaders with respect to drilling permits. Colorado issued 5,996 drilling permits during 2010, with Weld County leading the pack with 2,152 permits. The number of permits increased by 15% from 2009.1 The Colorado Oil and Gas Conservation Commission's records indicate that 2,311 wells were started during 2010, and that well starts during the last six months of the year were up 54% from 2009.2 Beginning in 2009, drilling permits in Colorado are valid for two years, while previously they had been valid for one year only. The change to a two-year drilling permit provides consistency between federal and state permitting periods.
3 Continental Resources Increases Production 20 Percent in Third Quarter of 2010, Compared With Third Quarter 2009, BARRON'S (Nov. 3, 2010), http://online.barrons.com/articIe/PR-00-20101103-912347.html. 4 Denver Metro Area & North Front Range Ozone Action Plan, (December 12, 2008), www.cdphe.state.co.us/ap/ozone/RegDevelop/ozoneplan.pdf. 5 WildEarth Guardians et al. v. EPA, (D.C. Cir. 2009) (complaint for declaratory and injunctive relief) available at http://taberlaw.files.wordpress.com12009/01/1-1.pdf. 6 Catherine Tsai, EPA Reviews Oil and Gas Environmental Regulations After Lawsuit, THE HUFFINGTON POST (August 3, 2010), http://wvvw.huffingtonpost.com/2010/08/04/epa-reviews-oil-and-gas-e_n_670217.html.
From: Richard W Revels Jr fmailto:rwrevelsOLiskow.coml Sent: Monday, February 14, 2011 7:37 AM To: George Snell Subject: RE: Looking forward to receiving your updates tomorrow. On an activity note for La., you could mention the following: The Haynesville Shale play in NW La. appears to be slowing down somewhat. The major operators are nearing having most of their acreage blocks maintained. The persistently low gas prices have been a disincentive to accelerate their development activities. Haynesville Shale gas wells produce virtually no liquids, so it is understandable that operators are looking elsewhere to take advantage of relatively favorable oil and condensate prices. Several operators have been amassing large acreage positions in central Louisiana and the Feliciana parishes targeting the Austin Chalk and Tuscaloosa Marine Shale. Both of these intervals will require the drilling of long horizontal laterals similar to the Haynesville Shale; however, both produce considerable liquids though at a considerable cost of extraction. Good luck on your presentation.
In the same time period, Chesapeake Energy Inc. and OIL Niagaran Inc. notified other oil and gas companies, including but not limited to Frontier Energy Inc. and Continental Resources Inc., that they would not be honoring contractual obligations to purchase large lease acreage blocks totaling over $100 million . The suit being brought by Topp Law and Rolinski pertains to defrauding hundreds of mineral owners, by nonpayment of the lease signing bonus pursuant to a scheme and plan devised by the Defendants to control and manipulate the lease market in Michigan at the expense of the mineral owners and other oil and gas companies. The legal issues arising out of this occurrence are as follows: ! When does the Prudent Operator Standard arise, upon execution of the lease or upon payment of the bonus? Is the approval of title subject to the Prudent Operator Standard? ! Is the standard for title approval curable title or perfect title? ! ! Is the payment under the order to pay a condition precedent or condition subsequent?
CARBON SEQUESTRATION LEGISLATION Lawmakers am considering bills to allow and regulate long-term underground carbon dioxide storage, a practice proponents say will help increase the state's oil production while reducing greenhouse gas emissions. Mississippi oil fields have seen a resurgence in the last few years, primarily due to the use of carbon dioxide to coax out additional oil reserves. For more than a decade, companies have pumped a naturally occurring supply of carbon dioxide back underground to revive oil wells in south Mississippi. Shell Oil had used the method in the late 1970s and early 1980s, but more recently other companies started seeing results from major projects in the last 10 years. The state Oil and Gas Board oversees the use of carbon dioxide in oil wells. Capturing manmade carbon dioxide and storing it underground could attract a long-term supply oil companies could use. There are major deposits of natural carbon dioxide located in Mississippi. Supporters of the proposal also say it could help Mississippi be among the states at the forefront of the federal push for "clean coal" technology, an experimental technique to store underground the carbon emissions from coal-fired power plants and other sources. This legislation creates the framework of how that's going to take place and who's going to be handling which aspects of the process.
Under the bills, the Dept. of Environmental Quality would work out an agreement with the Mississippi Oil and Gas Board to store the gas in oil and gas fields and other locations. A company monitoring the legislation is Mississippi Power Co., which is building a $2.4 billion coal-fired plant in Kemper County that is expected to capture 65 percent of its carbon emissions through an innovative design and store the gases underground.
EQUIPMENT A judgment by the Chancery Court of Lincoln County, Mississippi in Douglas v.
related downhole equipment are owned by the mineral owner as opposed to the surface owner and that the mineral lessee has the right to use plugged and abandoned well bores and a reasonable area of surface without compensation to the surface owner on the basis that the mineral estate is the dominate estate, together with the theory of the ownership of minerals in place. The judgment was appealed to the Mississippi Supreme Court, which assigned it to the Mississippi Court of Appeals, where, on January 4, 2011, it was submitted without oral argument.
ENERGY COMPANIES MAY BE LIABLE FOR GLOBAL WARMING A three judge panel of the U. S. Fifth Circuit held, two to one, that oil, mining and energy companies may be sued for contributing to global warming, even though the lower court had dismissed such claims. Corner v. Murphy Oil USA, 585 F.3d 855 (Oct. 16, 2009). This is one of a leading edge of cases which hold that producers of pollutants maybe liable for global warming weather changes. Two other cases are Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007) and State of Connecticut v. American Electric Power, Inc., 582 F.3d 309 (2009). The Court's decision has been lost in a procedural black hole. The defendants asked the matter be heard by the entire panel. Before the motion was heard, several judges had recused themselves so that the motion was considered by only nine judges, who granted the motion. Afterwards, one of the nine judges recused himself resulting in the panel no longer having a quorum. Because it did not have a quorum to decide the matter the panel, with two dissents, dismissed the appeal, thus leaving the lower court's dismissal in place.
SEVERMINERAL OWNERS NOT ENTITLED TO NOTICE IN EVERY INSTANCE A tax collector conducting a sale for delinquent taxes is not required to search the public records to locate owners of severed, fractional minerals so that a tax sale is valid even if the mineral owner did not have actual notice. AARCO Oil and Gas Co. v. EOG Resources, Inc., 20 So.3d 662 (Miss. 2009). The court noted Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950) and Mennonite Board v. Adams, 462 U.S. 791 (1983) but held that the U.S. Supreme Court did not require actual notice in every instance and did not require a governmental body undertake extraordinary efforts to discover the identity or whereabouts of a mortgagee.
RE: REMOTE ASSIGNEE OF LEASE ASSUMES ALL OBLIGATIONS IN PRIOR ASSIGNMENT; AGREEMENT FOR CONTINUATION OF OVERRIDE IN RENEWAL LEASE NOT VOID UNDER RULE AGAINST PERPERTUITIES. Gill v. Gipson, 982 So.2d 415 (Miss. App. 2007).
MISSISSIPPI TAX DUE ON NATURAL GAS USED FOR PLANT AND LEASE FUEL. Pursue Energy Corp. v. State Tax Commission, 968 So.2d 368 (Miss. 2007).
order to give the borrowers an opportunity for a work-out.
2. An unfavorable decision has just been rendered by a court in the eastern part of the State relating to a request by the oil and gas operator that the assets of the debtor be "marshaled" in order to satisfy the foreclosure thus in effect segregating the oil and gas rights from the surface in order to allow the surface to be sold on its own to satisfy the mortgage. The operator is considering an appeal of this decision. With regard to tax foreclosure proceedings, at least one County has made it their 3. policy to obtain a Judgment in a tax foreclosure proceeding without affecting the rights of the oil and gas operator. In other counties, the effect of a Tax Foreclosure Judgment is somewhat of a gray area, because operating oil and gas wells and their associated equipment and pipeline are separately taxed as real estate including a separate tax parcel number distinct from the landowners. Thus the effect of a tax foreclosure proceeding against the landowner alone would presumably not affect the operator's interest in the well. However, the effect on the lease itself is an open question. Operational Issues: I. All operational questions are overshadowed by the functional equivalent of a moratorium presently in force. See the discussion below under political issues. Pursuant to the Executive Order only low volume fracking is permitted at this 2. time. Traditional shallow oil operators continue to operate, as do the producers from 3. the rather shallow Medina gas wells primarily located in the southwestern portion of the State. Other zones of interest including the Trenton Black River and the Marcellus Shale are primarily of interest in the eastern portion of what is known as the southern tier of New York State along the Pennsylvania border. These newer areas of interest have been severely impacted by the moratorium. Political Issues: I. The situation in New York is unique in all of the United States in that no permits are being granted pursuant to an Executive Order signed by the Governor when he vetoed a law passed by the legislature to outlaw all but very low volume hydrofracking for a period of time for "further study". This has effectively shut down exploration activity in New York. 2. One of the most severe impacts of the moratorium has been upon the exploration of leases which can not be drilled to be extended beyond primary term. The Department of Environmental Conservation has been working on what is known as a "Generic Environmental Impact Statement" to satisfy a State law which required the same to be adopted in order to avoid the requirement for a specific environmental impact statement for every single well being drilled in the State. No other state has anything remotely approaching such a bureaucratic traffic jam which has held up most of the other work of the department for over two years.
4. The propaganda being spewed out by parties such as the creator of the "gas land" video, and others have been swallowed by many of the public in the eastern part of the State as well as editorial writers for various newspapers. The independent oil and gas association of New York is making valiant efforts 5. to counteract the propaganda and educate the public in various forums, but it is a tiny organization in comparison to other states, and it is extremely shorthanded in trying to combat the many sources of misinformation and their use of various forums such as local legislatures and public venues to spread their propaganda. If IOGA can effectively counteract the misinformation, it will be of material benefit to other states in preventing the spread of the anti-drilling efforts which are primarily based upon erroneous or even libelous information by parties who are interested not only in stopping drilling activity but indeed stopping any type of development of natural resources.
The new year marks the start of a new government for Ohioans. Republican John Kasich has replaced Democrat Ted Strickland as the state's new governor and both houses of the state legislature are controlled by the Republican party. Oil and gas development is an important part of the new governor's agenda and the Utica Shale may be the perfect vehicle for that agenda. Located deeper than the Marcellus, the Utica Shale is found throughout the state, though some speculate it will be best developed in the Eastern part of the state, which is Ohio's traditional oil and gas territory. According to a spokesperson for Pittsburgh based Consol Energy, a vertical test well for the Utica Shale in Belmont County, Ohio produced 1.5 million cubic feet of gas in one day without using hydrofracturing or any other well stimulation technology. (Dig Deep, Williamsport Sun Gazette, December 19, 2010). Thus many speculate there could be great potential for Utica development. As I mentioned in my article, Ohio does not have significant case law regarding oil and gas. I would predict that as the stakes continue to increase, there will certainly be increased litigation and a very real possibility of the Ohio Supreme Court having and the lower courts will have the opportunity to develop more case law in this area. In June of last year, a bipartisan government passed, significant updates to its oil and gas statutes, and I do not see the likelihood of much change in this area, as the oil and gas industry supported the changes.
North Dakota's "dormant mineral act," located in North Dakota Century Code (N.D.C.C.) Chapter 38-18.1, allows a surface owner to acquire an abandoned mineral interest where the interest has not been used, as defined by the code, for a period of twenty years. The dormant mineral act is the subject of the first three cases in this newsletter.
2011 ND 33 Filed February 8, 2011 Facts I. Michael Sorenson is the surface owner of the land. Barbara Felton acquired an interest in the minerals pursuant to a personal representative's deed in 1984. From 1984 until January 2008 Felton did not lease the minerals or file a statement of claim. In January 2007, in accordance with North Dakota law, Sorenson published a notice of lapse in the newspaper in Mountrail County, ND and mailed a notice to Felton using the Florida address from the personal representative's deed. Sorenson also conducted a Yahoo! People search but found no address for Barbara Felton in Florida. On January 9, 2008 Felton leased her mineral interest to Schmitz Oil Properties. Sorenson filed a complaint to quiet title to the mineral interest in question. Holding II. N.D.C.C. § 38-18.1-06(2) requires notice of lapse by mail "if the address of the mineral interest owner is shown of record or can be determined upon reasonable inquiry." Paragraph 11. The Court held that because the phrases "shown of record" and "determined upon reasonable inquiry" are separated by the word "or" they are separate and alternative considerations for how a surface owner is to obtain the mineral owner's address for mailing the notice. Paragraph 13. Therefore, Sorenson was only required to conduct a reasonable inquiry.if Felton's address was not shown of record. Since her address was shown of record on the 1984 conveyance, he was not required to conduct any further inquiry. Because an address appears of record and because the notice was sent to the address of record, Sorenson satisfied the requirements of the statute and successfully succeeded to the ownership of Felton's minerals.
Michael Sorenson is the surface owner of the - land. Russell and Edna Alinder acquired an interest in the minerals pursuant to a mineral deed recorded in 1953. Russell Alinder died in 1980 and Edna Alinder died in 1999 without ever leasing the minerals or filing a statement of claim. Under North Dakota law, the interest of Russell and Edna Alinder passed to their heirs on the dates of their death subject to administration of their estates. Ken Alinder, Robert Alinder and Sharon Dragland are the heirs of Russell and Edna Alinder. In accordance with North Dakota law, Sorenson published a notice of lapse in January 2007 and mailed the notice to Russell and Edna Alinder at their address of record in Buffalo, ND. Sorenson filed a complaint to quiet title to the mineral interest in question. Holding H. The issue is whether the district court erred in requiring Sorenson to conduct a reasonable inquiry when the address of Russell and Edna Alinder was shown of record. The Supreme Court cited their decision in So re n s o n v . F e lto n , and held N.D.C.C. § 38-18.1-06(2) only requires a reasonable inquiry when the mineral owner's address is not shown of record. The Court held that Sorenson complied with the requirements of the statute by mailing the notice to Russell and Edna Alinder at their address shown of record and he was not required to conduct any further inquiry. Sorenson satisfied the requirements of the statute and successfully succeeded to the ownership of the Alinders' minerals.
785 N.W.2d 248 Filed July 13, 2010 Facts I. The surface owners (Halvorsons) executed and published a notice of lapse of mineral interest asserting the Stan's mineral interest had been unused for twenty years and the Halvorsons sought to make claim to the mineral interest. As required by the act, the Halvorsons published the notice of lapse of mineral interest in March 7, 14 and 21, 1990. The Halvorsons mailed the notice of lapse to the Starrs on April 2, 1990, the twelfth calendar day after the notice of lapse was published. In June 2009, the Halvorsons sued the Starrs to quiet title to the mineral interest in question. The district court granted summary judgment to the Starrs, noting that the notice of lapse was not mailed to the Starrs within ten days of last publication, as required by the act.
The Halvorsons appealed the district court ruling arguing that the North Dakota Rules of Civil Procedure governs the computation of time for N.D.C.C. § 38-18.1-06. If the North Dakota Rules of Civil Procedure are applied, the Halvorsons mailed the notice of lapse on the tenth day, in compliance with the act, because Saturday, March 31 and Sunday, April 1 would not be counted in the ten days. If the version of N.D.C.C. § 1-02-15 in effect when the Halvorsons mailed their notice of lapse is applied, the Halvorson's mailing was not timely because Saturdays are counted in the ten day period. The North Dakota Supreme Court held that because N.D.C.C. § 38-18.1-06 does not begin a civil action and is not part of a procedure in district court, the computation of time under that code section is governed by N.D.C.C. § 1-02-15, not by the North Dakota Rules of Civil Procedure. The Court further noted that after the Halvorsons executed the notice of lapse, N.D.C.C. § 1-02-15 was amended to also exclude Saturdays from the computation of time. Thus, under the amended version of N.D.C.C. § 1-02-15, the Halvorson's mailing was timely. However, the Court held the amended version of N.D.C.C. § 1-02-15 does not apply retroactively to claims made under N.D.C.C. § 38-18.1, prior to the amendments to N.D.C.C. § 1-02-15. Since the amended version does not apply retroactively, the Starrs retain their ownership of the minerals.
Irish Oil and Gas Inc. entered into oil and gas leases with Gerald C. Riemer, Doris E. Riemer, Lillie J. Riemer and Joanne Johnson (the "Riemers") in January and February 2008. A Letter Agreement accompanied each lease and provided an offer of bonus consideration of $160 per net mineral acre and a 1/6 royalty in the event of production. The Letter Agreement also provided that within 60 days of receipt of the signed lease, "subject to approval of title, with right of payment extension of 30 additional days, in the event of title curative issues, from expiration of original 60 days" the Riemers would receive a check for $10,640. Because he had not received a check for the bonus consideration, Gerald C. Riemer called Irish Oil and spoke with Tim Furlong, vice president of Irish Oil, regarding the bonus consideration. Following the conversation, Irish Oil sent a letter to Riemer purporting that Riemer agreed to extend the payment deadline to June 15. Irish Oil explained it needed more time because it had encountered title issues. Irish Oil ensured it would communicate with Riemer if the payment were to be delayed past June 15. Gerald C. Riemer claims he did not agree to extend the deadline for payment by Irish Oil, while Irish Oil claims Gerald Riemer agreed to an extension.
On April 30, 2008 Gerald C. Riemer leased the same mineral interest to Continental Oil Company. Subsequently, Irish Oil mailed the Riemers a check for the bonus consideration owed. The Riemers returned the check along with a letter indicating the minerals had been leased to another company. Irish Oil sued the Riemers alleging breach of contract.
Paragraph 16 of the oil and gas leases provided: "This lease shall not be terminated, forfeited, or canceled for failure by Lessee to perform in whole or in part any of its implied covenants, conditions, or stipulations until it shall have been first finally and judicially determined that the failure or default exists, and then Lessee shall be given a reasonable time to correct any default so determined, or at Lessee's election it may surrender the Lease with the option of reserving under the terms of this Lease each producing well and forty (40) acres surrounding it as selected by Lessee, together with the right of ingress and egress. Lessee shall not be liable in damages for breach of any implied covenant or obligation." Irish argued this paragraph requires Riemer to obtain a judicial determination of a breach and allows the lessee a reasonable time to cure the breach. The Supreme Court affirmed the district court's decision that the phrase "implied covenants, conditions or stipulations" does not apply to express provisions of the lease. Thus, this provision applies to the implied covenants found in the oil and gas lease and not to the obligation to pay lease bonus.
The issue was whether consideration failed when Irish did not pay the bonus consideration when promised. The district court held there was a total failure of consideration and the Supreme Court reversed and remanded for a factual determination. The Court held that it could not say, as a matter of law, that the potential for royalty is not sufficient consideration to support the lease. The Court also could not say that failure to timely pay bonus leaves the leases with a total failure of consideration that excuses Riemer's performance. Rather, the Court stated a fact issue exists as to whether the anticipated royalty payments provided for in the royalty clauses of the leases provide adequate consideration to uphold the contract even where the bonus consideration fails.
In October 2008 Hess began preparations for a well on the leased land. From January to May 2009, Hess moved equipment to the well, began to prepare the surface, leveled and lazered the pad, dug the drilling pit, widened the access road to the well, drilled the rat hole and made other preparations for drilling. Problems at another well prevented Hess from completing its plans to move a rig to the well prior to May 3, 2009. Hess spud the well on May 11, 2009, after which it was continuously drilled until total depth was reached on June 26, 2009. The well has produced continuously since June 30, 2009. On May 7, 2009 Hess attempted to extend the lease term by offering to increase the royalty. The Andersons rejected the offer on May 8, 2009. The Andersons subsequently filed a complaint alleging the leases expired prior to the date the well was spud. Hess contends the leases did not expire because it was engaged in drilling operations prior to expiration of the primary term. H. Holding The issue was whether the habendum clause requirement that Lessee be engaged in drilling or reworking operations at the expiration of the primary term requires spudding of the well in order to extend the leases. The Court reaffirmed its prior holding from Murphy v. Amoco Prod. Co., that "drilling operations commence when (1) work is done preparatory to drilling, (2) the driller has the capability to do the actual drilling, and (3) there is a good faith intent to complete the well. It is not necessary that the drill bit actually penetrate the ground." Additionally, the Court found that "operations" modifies both "drilling" and "reworking" and the phrase "drilling or reworking operations" includes both "drilling operations" and "reworking operations." The Court also stated that actual drilling is unnecessary to extend the lease term, but that "the location of wells, hauling lumber on the premises, erection of derricks, providing a water supply, moving machinery on the premises" and similar acts preceding the actual drilling, when paired with an actual intent to drill and subsequent drilling of a well, constitute drilling operations. The Court found that Hess engaged in drilling operations, effectively extending the leases beyond the primary term.
February 11, 2011 TO: HOUSTON BAR ASSOCIATION -- OIL AND GAS SECTION This paper is designed to cover newly identified or unknown title issues. In some of these issues that are addressed, there may not be a satisfactory resolution to the issue or the author does not have a recommendation to make. However, being aware of these issues could help the landman be aware of traps that he/she could fall into.
1. COVERALL LANGUAGE IN A DEED OR ASSIGNMENT.
and intended to be conveyed be described with enough certainty to be located and distinguished from other lands of the same kind. Arbuckle Realty Trust v. Southern Rock Asphalt Co., 189 Okla. 304, 116 P.2d 912 (1941). Oil and gas examiners frequently encounter conveyances that do not give a definite description, but specify that the grantor conveys all his interest in a described county, such as "all my interest in Roger Mills County" or all interest inherited from a specific person. Decisions in cases in other states deciding the legal effectiveness of such conveyances are mixed depending on the specificity of the description. Patton and Palomar on Land Titles states that such conveyances are generally held to be effective if the deed contains sufficient information so that by reference to some document or instrument referred to in the deed, a true and accurate description can be ascertained. Patton and Palomar on Land Titles, § 125 (3d ed. 2010). However, since Oklahoma has a tract index system, the law may not be applicable. The Kansas case of Luthi v. Evans, 576 P.2d 1064 (Kan. 1978) held that the conveyance would be considered valid between the parties even if the document does not constitute constructive notice.
There has been no decision in Oklahoma on this question. However, a recent bankruptcy case out of Texas interpreting Oklahoma law may provide the answer to this issue. A recorded conveyance provides constructive notice when it is "recorded as prescribed by law." 16 O.S. §16. Oklahoma Statute Title 19 § 298 requires that every document offered for recording "shall by its own terms describe the property by its specific legal description, and provide such information as is necessary for indexing as required in Sections 287 and 291 of this title...." In turn, §§ 287 and 291 direct the clerk of each county to keep a grantor-grantee index and a tract index, respectively. The United States Bankruptcy Court for the Northern District of Texas in In Re: Cornerstone E&P Company, L.P., 2010 WL 3342037 (Bkrtcy.ND.Tex), ruled that a deed may only be "recorded as prescribed by law" if it contains a specific legal description and provides sufficient information for indexing both in the grantor-grantee index and the tract index. The Cornerstone court concluded that the language of the statute is unambiguous and that, therefore, to constitute constructive notice, the conveyance must provide a specific legal description sufficient for indexing both the county grantor-grantee index and the county tract index. The Cornerstone court held that blanket conveyances would not be constructive notice and made a further distinction that both Kansas and Oklahoma, unlike Texas, utilize tract indices in addition to a grantor-grantee index for recording. The Cornerstone court indicated the distinction was important, because while a prospect purchaser would be able to locate a mortgage related to a particular real property indexed through a grantor-grantee index, that same mortgage could not be located through a tract index.
AFFIDAVIT OF POOLING UNDER 52 O.S § 87.4.
party with knowledge of any election made. Filing of the affidavit shall not affect notice provided by virtue of the pooling proceedings conducted by the Commission. The statute recites that the affidavit shall constitute constructive notice of the rights. If this affidavit constitutes constructive notice, then in the absence of the affidavit, is the statute suggesting that the pooling is not constructive notice until such time as the affidavit is filed. Would a mortgage issued by a bank to a lessee or a mineral owner be superior to the pooled interest if the mortgage was recorded prior to the affidavit, or recorded in the absence of any affidavit?
MEMORANDUM OF LEASE -- CONSTRUCTIVE NOTICE.
Oklahoma Statute Title 16 § 16 recites "every conveyance of real property acknowledged or proved, certified and recorded as prescribed by law from the time it is filed with the register of deeds for record is constructive notice of the contents thereof to subsequent purchasers, mortgagees, encumbrances or creditors." A memorandum of an oil and gas lease is not a conveyance. It is a memorandum of a conveyance. Therefore, the memorandum of lease may not constitute constructive notice. If a lease broker examines the records and examines the memorandum of lease, then the broker is on actual notice or, at a minimum, "inquiry notice" to find out if the lessor executed a lease. However, in a race to the courthouse situation, a memorandum of lease may not be superior to an actual recorded lease to a rival lessee, as the memorandum may not be constructive notice. A memorandum of lease could be constructed so as to show certain terms and so that it would rise to the level of a conveyance. For example, if the lease showed the name of the lessor and lessee, land description, contained words of grant, and referenced a letter agreement between the parties containing additional terms, then this would be considered to be a conveyance as it contains the essential elements of a conveyance. This type of memorandum would constitute constructive notice under the statute.
PREFERENTIAL RIGHTS IN TOP LEASES.
"minerals" do not include oil or gas. Pennsylvania does have a conservation statute but it is a creature of the 1960s, has only been used 15 times and does not apply to the Marcellus Shale. Political Issues Executive. Pennsylvania has a new governor who it is hoped will be more reasonable with oil and gas issues than his Democratic predecessor. It is also hoped that the new administration's leadership in the Commonwealth's Department of Environmental Protection will demonstrate greater capacity to understand the technical issues related to oil and gas operations and less interest in appeasing irrational anti-development activists. It is also hoped that the new administration will recognize that continued development of Pennsylvania's shales, without the burden of a severance tax, will in fact, produce greater development and greater revenue for the Commonwealth. Legislative. Radical anti-development bills continue to be introduced in the Pennsylvania legislature. The potential for the adoption of the essential new legislation for the continued development of the industry in the Commonwealth has not yet been determined. Among the most important legislative needs are a.) The adoption of a reasonable statutory pooling and unitization law focused upon shale development and b.) an amendment to the Oil and Gas Act or the Municipalities Planning Code to properly clarify the preemption of local municipal regulation in oil and gas matters. It is important to remember that Pennsylvania has more than 2,000 municipal entities, many of which are capable of adopting and enforcing separate and different land-use regulatory regimes. Note. Any opinions stated in this update are those only of the Author and not necessarily those of the Author's firm or any clients of the firm.
In response to your request for news of new or interesting developments, the most recent noteworthy development in Wyoming is the approval by the Wyoming Oil and Gas Conservation Commission of some 1280-acre drilling and spacing units for horizontal oil wells with proposed horizontal laterals in excess of 9,000 feet long for the Niobrara and Frontier Formations in the Southern Powder River Basin. The drilling units created are rectangles, two miles long, one mile wide, consisting of two full governmental sections, oriented M a: orth-south direction. These drilling units were created by the Commission , this past TueSday, February 9, 2011, after a hearing in which I represented the Applicaht, Helis Oil & Gas Company, LLC. Such large drilling units and long horizontal wells are old-hat in. North Dakota's Bakken, but new for Wyoming's Niobrara play. Best to you in your talk.
Interest in the unit may seek a pooling order after notice to the interested parties and a hearing. The Oil and Gas Commission, a board set by statute, determines the acreage, shape and minimum distance from the outside boundary of the unit, considering alt the factors set forth in the deep well pooling statute, in addition to the specific design of the azimuth of the horizontal shallow wells, the location of the drilling pad within the drilling unit, and the number of horizontal shallow wells to be drilled on the pad, and any established or proposed drilling units for the same formation that are adjacent to the proposed unit. In no event shall drilling be initiated on the tract of an unleased owner without the owners written consent. Finally, the operator shall be the person who controls 75% or more of the acreage in the pooled unit. If no one owns more than 75%, the commission will designate the operator. Under this proposal, each order shall specify the activities that the operator may conduct on the surface of the tracts subject to whether the mineral interest subject to pooling order is leased or unleased. Where unleased, surface disturbance may not be conducted without consent from the owner or by a showing of the operator that there is no other feasible location within the drilling unit to locate the drilling pad or access road or pipeline incidental to the drilling activities. Where the mineral interest is leased, drilling activities may be conducted on the surface of the lease tract and the operator may construct and operate access roads and pipelines incidental to the drilling activities on the surface of all property subject to the order in accordance with the terms of the lease governing surface activity. The operator must provide notice to the owners of the surface estate and pay damages. Leased interest owners have no election rights and, other than the operator having the right to pool the interests, their interests shall be governed by the terms of the lease. Unleased interest owners may elect from one of three options. The WV DEP Bill also provides for the holding in a suspense account of any unlocated Interest owner's share of the proceeds until the owner is located or the property is deemed abandoned and disposed of in accordance with the provisions of the Uniform Unclaimed Property Act. The WV DEP Bill is the only bill before the Legislature currently that provides for statutory pooling. Given the support of industry and surface owners for this type of provisions, it seems likely that statutory pooling will become an option for horizontal shallow gas wells at some point. In addition to statutory pooling, other issues such as very specific provisions related water use, surface disturbance, and reclamation, have also been put forward.


text:
Tag: september 11th
Attorneys General Call for Nuke Security Upgrades
Several state attorneys general are calling for security upgrades for nuclear power plants. (Photo by Lester Graham)
Several state attorneys general are urging the Nuclear Regulatory Commission to upgrade security at nuclear power plants to defend against terrorist attacks. The Great Lakes Radio Consortium's Lester Graham reports:
Several state attorneys general are urging the Nuclear
Regulatory Commission to upgrade security at nuclear power plants
to defend against terrorist attacks. The Great Lakes Radio
Consortium's Lester Graham reports:
The Nuclear Regulatory Commission has stepped up security at nuclear power
plants since the terrorist attacks on September 11th, 2001, but it's still
using a defense plan designed 35 years ago based on four men attacking by
land.
A nuclear watchdog group called Committee to Bridge the Gap has filed
a petition with the NRC, asking that the plan be updated to take into
account the methods and numbers terrorists have actually used. Seven
attorneys general signed a letter supporting the security update. Paul
Laraby is with the New York Attorney General's office.
"I think what the AGs are trying to do is to introduce common sense
approach to an emerging threat that perhaps was discounted thirty-five years ago."
Even after more than three years since the attacks, the NRC still has not
determined how it should upgrade the its defense plans for nuclear power
plants.
Nuclear Regulatory Commission outline of security upgrades post 9/11
Nuclear Information and Resource Service, a nuclear watchdog group on the Committee to Bridge the Gap petition.
The Attorneys General's letter to the NRC (.pdf document)
Author Lester GrahamPosted on February 7, 2005 Categories News SpotsTags attorney general, dteenergy, methods, new york, nuclear power plant, nuclear regulatory commission, security, september 11th, terrorist, update
Homeland Security to Remove Hazmat Placards?
Officials at the Department of Homeland Security are considering removing hazardous material placards from freight trains. They say doing so will help protect people from terrorists. The Great Lakes Radio Consortium's Mark Brush has more:
https://environmentreport.org/wp-content/uploads/2004/09/brush_092704.mp3
Officials at the Department of Homeland Security are considering removing
hazardous material placards from freight trains. They say doing so would help
protect people from terrorists. The Great Lakes Radio Consortium's Mark Brush has more:
Because of the September 11th terrorist attacks, officials see the potential for a
lot of things to be used as weapons. One of their latest fears is that shipments of
hazardous materials could be used by terrorists. In order to protect people from this
threat, the Department of Homeland Security says it might require the removal of the
diamond shaped placards from rail cars. Emergency workers use the placards to quickly
identify a hazard after an accident.
Richard Powell is the Executive Director of the Michigan Association of Fire Chiefs.
He says while the Department of Homeland Security is well-intentioned, removal of the
placards would put more people at risk:
"We need to protect our citizens. We need to keep that system in place. If we don't know something is there, our people could not evacuate perhaps, as quick as we normally would."
Homeland Security officials say they'll consider other options that would help disguise the rail cars, but would still allow emergency workers to know what's inside.
For the Great Lakes Radio Consortium, I'm Mark Brush.
Notice published in the Federal Register
Study of the role of hazmat placards in transportation safety and security (.pdf file)
The Bureau of National Affairs' article on rail security
Author Mark BrushPosted on September 27, 2004 Categories News SpotsTags accident, allow, attack, cars, citizens, emergency, evacuate, fear, fire, hazard, hazardous, homeland security, identify, inside, know, materials, michigan, officials, people, potential, protect, quick, rail, removal, require, risk, september 11th, shipments, terrorist, weapons
Chemical Plant Security in Question
The General Accounting Office has released a report saying that there's no way to know how secure the nation's chemical plants are from terrorist attacks. The Congressional Research Agency says that no federal department has looked into the problem yet. The Great Lakes Radio Consortium's Bill Poorman reports:
https://environmentreport.org/wp-content/uploads/2003/03/poorman_032403.mp3
The General Accounting Office has released a report saying that there's
no way to know how secure the nation's chemical plants are from
terrorist attacks. The Congressional Research Agency says that no
federal department has looked into the problem yet. The Great Lakes
Radio Consortium's Bill Poorman reports:
The GAO released the study last week. It says that there are 123
chemical plants in the U.S. that are in areas where more than a million
people would be effected by a toxic release. But the GAO says the
government has failed to take a comprehensive approach to addressing
chemical plant security. Kate McGloon is spokesperson for the American
Chemistry Council, an industry trade group. She says many
chemical-makers have already taken steps voluntarily to increase
security since 9/11. But they don't want to reveal what those
are.
"Homeland Security has stressed to us that one of the best ways to keep
potential terrorists from knowing what they're doing is to be
unpredictable and random and not tell people what you're doing."
McGloon says many chemical companies would welcome federal legislation
putting the government in charge of assessing and enforcing chemical
plant security. For the Great Lakes Radio Consortium, I'm Bill Poorman.
Author Bill PoormanPosted on March 24, 2003 Categories News SpotsTags 9-11, american chemistry council, companies, congress, disaster, federal, gao, health, health risk, homeland security, law, legislation, security, september 11th, study, voluntary
Region Deals With Deadly Nerve Agent
The Army wants to get rid of its stockpiles of chemical weapons because they fear terrorists might get to them. There are eight Army sites across the U.S. that store those kinds of chemicals. At one site in the Midwest, the military is planning to dispose of Nerve Agent VX. To destroy the stockpiles, the Army must first "water-down" the nerve agent. Then it has to be shipped to a company that disposes of industrial wastes. But while the Army says it's making neighborhoods safer near where the chemical weapons are stored … some people fear having the watered-down nerve agent trucked into their neighborhoods. The Great Lakes Radio Consortium's Natalie Walston reports:
https://environmentreport.org/wp-content/uploads/2003/02/walston_022403.mp3
The Army wants to get rid of its stockpiles of chemical weapons because they fear terrorists might get to them. There are eight Army sites across the U.S. that store those kinds of chemicals. At one site in the Midwest, the military is planning to dispose of Nerve Agent VX. To destroy the stockpiles, the Army must first "water-down" the nerve agent. Then it has to be shipped to a company that disposes of industrial wastes. But while the Army says it's making neighborhoods safer near where the chemical weapons are stored, some people fear having the watered-down nerve agent trucked into their neighborhoods. The Great Lakes Radio Consortium's Natalie Walston reports:
Nerve Agent VX is a clear, odorless liquid with the consistency of motor oil. It was
accidentally created during the Korean War, when British chemists were experimenting
with various concoctions meant to kill lice on North Korean POW's and refugees. Nerve
Agent VX kills within minutes after contact with the skin. It has never been used in
combat by the United States. Instead, most of the country's supply sits in a highly-
guarded tank at the Newport Chemical Depot in west-central Indiana. In 1985, Congress
ordered the chemical weapons destroyed because many seemed obsolete. In 1997, the
United States joined the Chemical Weapons Convention, which prohibits countries from
developing, producing, stockpiling or using chemical weapons.
Then, as U.S. Army spokesperson Terry Arthur explains, terrorists slammed planes into
the World Trade Center towers:
"After September 11th, 2001, because the public suddenly became aware of the possibility
for terrorism here in the United States, folks living near the stockpiles became acutely
aware of that. And the army began to look at ways to accelerate destruction of the
stockpiles."
The Army is planning to burn some of its chemical weapons in incinerators. The Nerve
Agent VX that's stored in Newport, Indiana will be destroyed through a neutralization
process. That's a process that makes the nerve agent no more harmful than a household
drain cleaner.
(Ambient sound fade up)
The watered-down version of the nerve agent is called hydrolysate. It will be shipped by
tanker truck to Perma-Fix Environmental Services, a company in Dayton, Ohio. It's a
company that usually handles industrial wastes and used oils.
"If you get your oil changed anywhere at a service station near the Dayton, Ohio area,
chances are, the used oil from your vehicle ends up here."
That's company Vice President Tom Trebonik. He says the hydrolysate will, simply put,
be broken down by a natural process. It will be eaten by microscopic bugs. And then it
breaks down even more into a form that will be pumped into the sewer system.
But, once word of a "nerve agent" coming to town spread around the small, poor
neighborhood near the plant, environmentalists began working with residents to voice
opposition to its disposal. They tacked up signs in the local supermarket and carry-out
that read "Deadly VX Nerve Agent" is coming to the neighborhood.
(Nat sound)
Martha Chatterton is a young mother of one with another child on the way. She lives in a
small house in a decaying area. Her husband fixes cars in the garage out back. They're
glued to the news on CNN about heightened terror alerts. They know terrorist attacks are
a possibility. But they don't want a problem from Indiana shipped to their backyard.
Chatterton is worried about the health effects of living near a plant that deals with such
industrial wastes. She says some days the air is orange and smells of a chemical stew.
"Well, last year we did the whole yard with roses and different flowers, and about a week
after we planted them, all of them died. So there's got… there's something wrong with
the ground here, because when I dug the hole for the rose tree, it smelled like gas fumes."
Chatterton fears Perma-Fix won't be able to properly handle the hydrolysate. The
company was cited in 2001 for odor violation but has since installed equipment to solve
the problem. Beyond that, the U.S. EPA and the Army see no reason why the treated
nerve agent can't be trucked into town. Again, Army spokesperson Terry Arthur:
"We understand the concern of the public because it's derived from a chemical agent.
What we want them to understand is that we have truckers who will be dedicated and
trained specifically for hauling this product and getting it across the state line to the Ohio
facility, where experts have been working with this kind of material for years."
With the threat of terrorism, there's little that's likely to slow the pace of the destruction
of the nerve agent. The risks of leaving it intact seem greater than the risks associated
with destroying it.
Author Natalie WalstonPosted on February 24, 2003 Categories FeaturesTags army, chemical, chemical weapons, chemicals, destruction, environment, environmentalists, great lakes region, incineration, incinerator, incinerators, indiana, industrial waste, military, national defense, nuclear weapons, september 11th, sewage, sewer, sewer system, sewers, terrorism, terrorists, war, world trade center
Small Water Plants Step Up Security
It's been almost a year since terrorists attacked the United States. But the repercussions of that morning continue to ripple across the country. The Great Lakes Radio Consortium's Ann Murray looks at how security concerns are impacting the country's 50,000 small drinking water systems. These utilities now find themselves scrambling for money, security training and equipment to keep their facilities and water supplies safe:
https://environmentreport.org/wp-content/uploads/2002/08/murray_081902.mp3
It's been almost a year since terrorists attacked the United States. But the repercussions of that morning continue to ripple across the country. The Great Lakes Radio Consortium's Ann Murray looks at how security concerns are impacting the country's 50,000 small drinking water systems. These utilities now find themselves scrambling
for money, security training and equipment to keep their facilities and
water supplies safe:
The federal government started thinking seriously about domestic
security well before last September. Four years ago, the Clinton
administration examined the country's infrastructure. And the results were
sobering. Water and wastewater systems were found to be vulnerable to
physical damage, computer hacking, chemical spills and radiological
Recent CIA reports place large metropolitan water systems on alert as
potential targets for terrorist attacks. But some small system operators
think their plants are vulnerable, too.
(sound of water plant)
"I feel that they could make an example out of a small system that says,
'Look here, we could do that to a small one. We could do it to a larger
one.'"
Barry Clemmer has run public water systems in western Pennsylvania for the
past 25 years. Before September 11th, he says his main concern was
vandalism – still the most likely scenario for a security breach. He walks
the fenced perimeter of his facility and points out new security devices.
"We have a camera on the side of one of our buildings that focuses
on the entrance gate. We monitor 24 hours a day. It's hard to keep someone
out but it's a deterrent and might slow them down from getting in."
(sound of key in lock)
Although the front of the plant is now more secure, Clemmer continues
to worry about the intake system. That's where raw river water is piped
into the treatment plant.
Clemmer: "Excuse me, I'll open the gate."
The river flows about 30 feet below the gated back of the facility. Clemmer walks down a wooden stairway to the unguarded riverbank. He shakes his head and says that terrorists could attack his plant from here.
"They could come up the river on a boat and hop out and go right
there and drop something in. It'd only take five minutes and our water
could be contaminated."
Plans are in the works to secure the area where raw water is
taken into the plant. But Clemmer says that he still needs a security camera to
keep a close eye on the river. That will require additional grant dollars
because there isn't money in the budget for security equipment and the
local community says it can't afford the extra expense.
John Mori is director of the National Environmental Services Center, a federally funded technical assistance group. He says budget constraints are nothing new to small communities. It's just that financial limitations have taken on an added dimension in this past year.
"Small systems historically have never gotten a share… an appropriate
share of federal dollars under the various loan programs. The point is there
are hundreds of thousands of Americans in small communities, medium size
communities and they need equal assurance that their water is safe and protected."
Unlike metropolitan areas, Mori says smaller communities just don't
have a big pool of qualified water personnel. So already overburdened
operators must now take on the responsibility of keeping their facilities
safe from terrorism.
"These are hardworking men and women who may have two or three or four
jobs in a community trying to do everything at once and make sure their
customers get good, safe water. So I think they're determined about this. I
just think they need some help."
Since September 11th, most help – in the form of new federal dollars
and security training – has gone to large water utilities. Metropolitan
water plants serve about 80 percent of the U.S. population. But Andy
Bielanski, with EPA's newly formed Water Protection Task Force, says that the
U.S. Environmental Protection Agency is moving slowly but deliberately to also
help small water systems.
"What we're doing is taking input and feedback from states, other
technical assistance organizations and agencies, on how best to approach
this problem. And we've been taking this all into consideration in trying
to provide security assistance to small systems."
EPA and other agencies now face the daunting task of reaching more than
50,000 small water utilities. These utilities vary in size, customer base
and technical sophistication.
This past May, Congress mandated water utilities with more than 3,300
customers to conduct vulnerability assessments. Operators must then create
emergency response plans to address not only terrorism but vandalism or
natural disasters. Before September 11th, many small systems didn't have
workable emergency plans in place.
(sound of conference)
At a pilot seminar for small system security, Tom Sherman with Michigan's
Rural Community Assistance Program says Michigan's systems are just like
many other small water utilities: they're beginning from scratch.
"It's kind of like ground zero. We're just starting out. It's something we knew we
had to address and you just need the input to know you're going in the right direction."
To make sure that small water operations are heading in the right direction, the federal government is trying to improve its outreach to small and medium size communities. Some funds have already been distributed to help these communities evaluate the safety of their water systems and upgrade their security. More than $70 million additional dollars await the approval of Congress and the President.
For the Great Lakes Radio Consortium, I'm Ann Murray.
Author Ann MurrayPosted on August 19, 2002 Categories FeaturesTags 9-11, clinton, infrastructure, river, september 11th, tap water, terror, terrorist, terrorists, vandalism, water protection
New Security Zones Off-Limits to Boaters
The Coast Guard and local agencies have declared 22 security zones on the Great Lakes… areas which are now off-limits to boaters under penalty of up to a $10,000 fine. The Great Lakes Radio Consortium's Mike Simonson reports:
https://environmentreport.org/wp-content/uploads/2002/06/simonson_060302.mp3
The Coast Guard and local agencies have declared 22 security zones on the Great Lakes…areas which are now off-limits to boaters under penalty of up to a $10,000 fine. The Great Lakes Radio Consortium's Mike Simonson reports:
Guard Petty Officer Paul Roszkowski says this is a reaction to the 9-11 terrorist attacks. He says not all of the zones are marked yet, but eventually will be with yellow buoys. He says the first time violators will be warned.
"Right now there are several security zones throughout the Great Lakes around nuclear power plants, around water filtration areas that boaters are going to have to keep an eye out for this boating season."
Roszkowski says the Coast Guard is also organizing what they call "Eyes on the Water" programs in local ports. These get boaters to call in anything out of the ordinary.
"Especially people hunting and fishing in locations that are not typically used for those activities…Unattended vessels, any aggressive activities, any unusual filming, vessels operating in areas vessels don't normally operate."
Roszkowski says this is part of our changed world since 9-11.
For the Great Lakes Radio Consortium, I'm Mike Simonson.
Author Mike SimonsonPosted on June 3, 2002 Categories News SpotsTags 9-11, boaters, boating, coast guard, nuclear power plants, security zones, september 11th


ATT REP: "Removing Sim Voids Warranty"
Discussion in 'iPhone' started by matty1551, Jul 15, 2009.
Wow so i was calling regarding the activation process since I just got my 3gs in and I wanted to use it on a different line on my account than the one I upgraded it with. She told me that swapping the sim out on my own will void my warranty? WTF kind of crap is that. "Only a licensed apple proffessional can do this"
Right, did you ask why they include the McGyver paper clip, I mean the SIM ejector tool?
She asked if I have a sim tool to remove it, im like "i can just use a paper clip"
He's right - an answer like that from a phone carrier is balderdash!
If you turn on your iPhone, it voids the warranty. If you so much as look at your iPhone, it will combust into flames.
IF YOU PURCHASE AN IPHONE, STEVE JOBS WILL BEAT YOU WITH A RED HOT POKER.
Did they not mention that too? Silly AT&T Reps.
Why not just use the tool it came with?
Oh using a paperclip is wrong.
thats funny!! they tell you to take the sim OUT when you have a hard time receiving a signal or data problem.
Wow. This means Apple sent out Aplle genius devices for the 3G and 3G S! We should feel so special!
The way i look at it when i call usually is not that they are totally confused, but that 9/10 att reps dont are ignorant and usually fairly incompetent and completely incapable of understanding the simplest issue without putting you through some sort of computerized line of questioning. The att reps might as well be outsourced to the middle east and asia like most of apple's calling (although i think some is), that way the person on the other end of the line would at least have half a brain, the problem then is being able to understand thick accents. Either way, i think that customer service and att are an oxymoron.
Wait. That's a SIM removing tool?
I thought I used that to test the scratch-proofing of the screen.
Wow.. EPIC FAIL on my part!
Well that is an easy one, just ask the RSC to show you the MyCSP item that explains that warranty exclusion. This ranks up there with the Apple / AT&T reps that claim there are / were special iPhone only SIMs.
It sure is not in the Apple Warranty and the iPhone User Guide even shows you how use the included SIM removal tool that they included in every new iPhone 3G or 3GS.
The sad part is... I almost took it to the apple store to have them do it. I didnt realize there was a sim unlocking tool right in the box.
I'm surprised they said anything about the warranty. AT&T seems to want to keep as far as possible from the Apple warranty, claims and support. It's nice that employee was looking out for your best interest.
My son is in college in England and would really like those SIM removing tools. However, I am in Nigeria and would like to send you $400 for them. He really wants them, which is why I am willing to pay top dollar. Can you ship them to me? I will send check.
No need to send a check. For your convenience please provide me with your bank routing and account numbers and we will expedite your order.
Thank you for a great laugh.
Oh wow, it's been patented. And it's red, My favourite color too! Where do I sign up?
Hahahaha this was great. I actually just got one of these emails. Thanks for making me actually "lol" at work.
http://support.apple.com/kb/HT1438 I paperclip is what apple says to use.
Exactly, otherwise they'll confuse it with the water damage sensor in the SIM card slot, not to be confused with one of hundreds of other things that turn red there.