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Film Review: Love and Mercy – The Life, Love and Genius of Brian Wilson
July 18, 2015 eclectic feel	7 Comments
This week I went to the beautiful Tyneside Cinema, Newcastle's historic independent filmhouse, for dinner and a movie with friends. The film in question was Brian Wilson biopic Love and Mercy, and within minutes I knew it was going to be one of the best films I'd ever seen. As a lifelong Beach Boys fan, I was aware, of course, of bandleader Brian Wilson's creative genius and history of drug taking and mental health issues – but the extent to which these are intertwined and the horror of what Wilson went through mentally is mindblowing.
The film opens in a car showroom in the 1980's. Wilson (played in the 1980s scenes by John Cusack, below) is wandering around the showroom when he meets Melinda Ledbetter (played by Elizabeh Banks), an ex-model turned car saleswoman. At first, she does not know who he is, and as they sit quietly together in a car, it becomes clear that Wilson is profoundly sad, quite confused, and above all a lost and gentle soul. After a couple of minutes, Wilson's pyschotherapist, Dr. Eugene Landy (played by Paul Giamatti), appears and with the help of his bodyguard "persuades" him to get out of the car and leave the showroom. But not before Wilson slips Ledbetter a card that reads, "lonely, scared, frightened." What follows is two hours of intense, heartbreaking and uplifting cinema as the story shifts between 1980's Wilson and 1960's Wilson (played by Paul Dano, below).
In 1966 Wilson, burnt out and struggling with the voices and music he'd heard in his head since childhood, decided to stay in California and work on new material while the rest of the band toured Japan.
Together with the highly respected and talented session musicians known as the Wrecking Crew, over the next couple of months Wilson recorded the backing tracks to the album Pet Sounds (and follow-on track Good Vibrations) experimenting with layers of sound including bicycle bells, harpsichords, flutes, Electro-Theremin, dog whistles, trains, Coca-Cola cans and barking dogs. The film provides a fascinating glimpse into Wilson's creative genius and life inside the re-imagined recording studio.
But when the band returned from Japan, not all of them were happy with the direction Wilson had taken, and Pet Sounds, now regarded as one of the greatest albums of all time, was released to lukewarm sales. Struggling with the voices in his head, drug abuse, and the domination and violence of his father towards him and his brothers and bandmates Carl and Dennis, Wilson forces himself to return to writing the happy-go-lucky surf, sea and sun tracks demanded of him commercially, even installing a sandpit in his living room so that he could sit barefoot at the piano and feel sand on his feet.
The film swings between 1960's Wilson's decline into multiple nervous breakdowns, during which time he allegedly spent three years in bed, and 1980's Wilson's struggles with Dr. Eugene Landy. In 1975, Landy was hired by Wilson's first wife, Marilyn, to use his intensive 24-hour treatment to tackle Wilson's drug abuse, weight gain and strange behavior. What follows is heartbreaking and shocking – Landy misdiagnosed Wilson as a paranoid schizophrenic, and Wilson paid $430,000 a year for Landy's unorthodox treatment, which included overmedication, psychological abuse, financial control and virtual imprisonment.
Landy controlled Wilson's business affairs, relationships and contact with the outside world. Wilson and Ledbetter's growing relationship, carried out under the threats and constant supervision of Landy and his staff, ultimately leads to Brian's escape, salvation and return to music, and the two remain happliy married (with five children) to this day.
Newcastle upon Tyne, Tyne and Wear, UK
1960s1980sartbrian wilsoncaliforniacinemadrug abuseFeaturedfilmfilm reviewgod only knowsgood vibrationshearing voiceslove and mercymental healthmental illnessmoviemovie reviewmusicpet soundspsychotherapistrecording studiosreviewsinger songwritersongwritersurf musicthe beach boystherapisttherapytyneside cinema
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7 thoughts on "Film Review: Love and Mercy – The Life, Love and Genius of Brian Wilson"
Beach Boys and Brian Wilson fan since childhood. I have read all the books, seen all the movies and been to over two dozen concerts through years. Met all but Brain in hotel lobby in Chattanooga in early 90's. This movie is very deep and touches the soul of Brian. Most people don't realize the pain he went through. Very thankful he found the help and love of his life to bring him back to us! Here's to meeting HIM May 7th this year!!!!! If not a Beach Boys fan before this movie I hope you will have new appreciation for afterwards.
God bless Brian
i just watched this movie this afternoon…and it's definitely INTRIGUING that's for sure, having NOT knowing ANYTHING about this chapter of Brian Wilson's life. and it sure shows me the grim look behind the "beach boys' fun fun" image many people associate them with.
i find it very frustrating that Brian's family's not around or can't do..or WON'T do anything to find out and help him from the crazy doctor..that it takes a STRANGER he meets at a car dealership to get the 'real' help.
this is highly recommended..especially for a beach boy fan.
avibrantday says:
I've been meaning to see this. It sounds like a great film. Thanks for the wonderful review :0)
eclectic feel says:
Thank you! You should definitely see it, it's amazing xx
I forgot about this movie. I definitely want to see it – thanks for the great review.
Thank you! It is a wonderful film. xx
Leave a Reply to avibrantday Cancel reply

redpajama_set_name: RedPajamaCommonCrawl


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Afternoon car crash a wakeup call
Though a seemingly normal spring day with grey skies and rain, University of Findlay students say a car wreck on Davis St. was completely out of the blue.
"I just want to know how someone crashes in that area when there's two stop signs in the vicinity," stated Freshman Brian Bethel.
Around 12 p.m. on Tuesday, March 27, the driver of an orange Mitsubishi ran the stop sign on Davis St., driving unto the sidewalk and striking a tree.
UF Sophomore Jordan Brown says he didn't think much of the small orange car he spotted while walking from his class at the Center for Student Life and College of Business building until hearing it drive over the curb.
"I watched the car hit the trees, threw my stuff down, and knocked on the door," said Brown. "He wasn't coherent."
Brown says after he saw the car go over the curb, his initial reaction was to check on the driver.
"The first thing I asked him was, "how are you doing today sir?" explained Brown. "After I did that, I asked him what his name was, asked him if he was hurt or not. He said his face hurt because his airbags didn't deploy."
The University was quick to respond as Vice President of Student Affairs David Emsweller sent a UF update about an hour after the incident.
"Shortly after 12:00 noon today, a car (driven by a non-UF person) went up over the sidewalk at the corner of Davis and N. Cory and ran into a tree outside of the English house (1124 N. Cory). No one (including the driver) was injured, and both the Findlay PD and UF Police responded to the scene," wrote Emsweller.
Captain of Safety and Security Steven Baum says that although the incident happened on the City of Findlay's property, he was still quick to respond to calls dispatched to his office.
"I mean, I was the first one down there, and there were several people on their phones already," said Braun.
Baum says the Findlay Police Department is in charge of conducting the investigation because the crash began on their property.
"If he would have been driving through our parking lot and hit that tree, then it would have been ours because it would have been private property," explained Baum. "But because he started loosing the control in the street, that's where the crash actual started at, and then where he ended up is called final resting place."
The incident is a reminder that the campus community needs to be aware of their surroundings, whether in a crosswalk or not.
"There could have been somebody walking, facing the opposite direction of that car, and they might have been able to hear it coming if they didn't have their headphones in," explained Baum. "But if they did, they would have never heard it, they would have never seen it because they were looking the other way. It could have turned out really bad."
Though no one was inquired in the accident, Baum says it reinforces the concern of both Campus Security and the UF Police.
"It's a concern of ours that we try to stress to students every opportunity we get, that you got to be careful when you're walking."
Filed Under: Features Tagged With: car crash


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Our expert team offers complete remodeling, renovation, environmental cleanup, and disaster containment services with dependable, competent, and personalized service. This emphasis on service is what makes OnSite Solutions a leader in emergency disaster needs. If you have a lead, asbestos, mold, or toxic waste issue in your home or business, call the EPA-certified experts at OnSite Solutions now.
OnSite Solutions follows all state and federal guidelines for the testing, removal, sanitation, and disposal of hazardous materials. Chemicals and products that were commonly used in construction in the past -- such as lead and asbestos -- are now causing serious health problems in people around the world. Don't take any chances! Our team can provide thorough testing and abatement services to ensure that your property and its inhabitants are safe from dangerous pollutants.
While previously used in large amounts in a number of household materials, particularly paint, lead is now considered toxic by the Environmental Protection Agency (EPA). Lead exposure can cause a number of health problems and is particularly harmful to children. Our environmental cleanup team is certified by the EPA to test for lead levels in homes and businesses throughout the entire Metro Detroit area.
If the lead levels on your property exceed the limits set by the EPA, we are qualified to take the steps necessary to safely remove the lead, a process called lead abatement. Don't put your family, employees, or customers at risk by failing to get a qualified lead assessment at your property! Call OnSite Solutions today to schedule your lead inspection and abatement.
When demolishing or renovating an older building, it is not uncommon to discover a previously unknown asbestos problem. Although it was formerly used commonly as an insulation material in both residential homes and commercial properties, asbestos was later discovered to cause a host of health problems. It is now a legal requirement to treat asbestos as a hazardous material and ensure that any building inhabitants are not at risk.
Our certified lead assessment and abatement team can provide a thorough inspection of your property to locate any and all asbestos-based materials. We can then safely remove the materials and ensure that your property is adhering to legal standards for safety.
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Any property that has been declared to be a meth lab (or former meth lab) by a local authority must be cleaned following strict guidelines to ensure the safety of any of its current of future occupants. The manufacturing of meth utilizes toxic, dangerous chemicals that must be deal with using highly controlled methods of disposal, sanitation, and decontamination. The team at OnSite Solutions has the tools, knowledge, and certifications required to restore any property that housed a meth lab back to a safe and inhabitable condition that meets all legal requirements.
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Today God's Word - Tamil Christian's Global Network.
You will find many different versions/languages of the Bible to read online, parallel to the Tamil Bible. This will make it easier to read and study the Bible online.
- Tamil Bible site is now compatible with your portable devices, so you are able to read the Bible online when you are on the go on your smart phones, tablets…etc.


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Samsung Releases the Galaxy S21 Series
by Charles Wundengba January 14, 2021 January 14, 2021 0
The Galaxy S21 trio is here and it comes with two important discounts. First, we had to wait less than 12 months for it. And second, they are €50 cheaper than last year's models (€100 in the case of the Ultra).
But is it even worth upgrading from an S20 to an S21? That's a topic for another article, here we wanted to focus on how the new S21 models compare against each other. Remember that pre-orders will run until January 29, so you have time to think about which one to get. The lists below offer quick reminders of the Pros and Cons of each of the three.
Clearly, the Samsung Galaxy S21 Ultra 5G is far and away the best-equipped phone. It's the only one that keeps the screen resolution at 1440p+ and is the first Samsung to reach 120Hz at that resolution. And it has the most advanced adaptive refresh rate of the bunch, going as low as 10Hz, and the brightest too, peaking at 1,500 nits.
The camera is miles ahead as well. This phone can record 4K 60 fps video with any of its cameras. Yes, even the selfie cam. And it has excellent zoom performance: 1x to 3x is handled by the 108 MP sensor, there's a 3x telephoto lens for mid-range zoom, then from 10x to 100x the periscope lens takes over.
The major criticisms against the S21 Ultra is that it is big and expensive. Charging doesn't seem that fast, but 50% charge in 30 minutes is not necessarily bad. And we wish there were some brighter color options, but that feels like nitpicking.
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Q: How to select only the constant values in a timeseries I have a time series with speed and would like to detect all parts that are constant for more than a specific time. Lets say with the following data i want to detect when there was no movement for more than 2 minutes and put those parts into another dataframe (along with all other columns)
2020-02-27 15:43:00    0.000000
2020-02-27 15:43:30    0.000000
2020-02-27 15:44:00    0.000000
2020-02-27 15:44:30    0.000000
2020-02-27 15:45:00    0.000000
2020-02-27 15:45:30    0.000000
2020-02-27 15:46:00    0.000000
2020-02-27 15:46:30    0.000000
2020-02-27 15:47:00    0.000000
2020-02-27 15:47:30    0.000000
2020-02-27 15:48:00    0.000000
2020-02-27 15:48:30    0.000000
2020-02-27 15:49:00    0.000000
2020-02-27 15:49:30    0.000000
2020-02-27 15:50:00    0.000000
2020-02-27 15:50:30    0.000000
2020-02-27 15:51:00    0.000000
2020-02-27 15:51:30    0.000000
2020-02-27 15:52:00    1.004333
2020-02-27 15:52:30    2.002667
2020-02-27 15:53:00    5.001000
2020-02-27 15:53:30    6.002667
2020-02-27 15:54:00    8.001000
2020-02-27 15:54:30    4.000667
2020-02-27 15:55:00    3.000000
2020-02-27 15:55:30    0.000000
2020-02-27 15:56:00    0.000000
2020-02-27 15:56:30    0.000000
2020-02-27 15:57:00    0.000000
2020-02-27 15:57:30    0.000000
2020-02-27 15:58:00    0.000000

So then the result would be a df_constant with data from 2020-02-27 15:43:00 until 2020-02-27 15:51:30 &  2020-02-27 15:55:30 until 2020-02-27 15:58:00

A: *

*This is a completely vectorized solution, so it will be fast compared to solutions with loops or apply.

*The datetime column should be converted to a datetime dtype, and then sorted on that column, but that column isn't used to determine the consecutive occurrences.

*This solution uses parts of two other Stack Overflow answers:

*

*GroupBy Pandas Count Consecutive Zero's

*Pandas groupby take counts greater than 1

*The issue is, the data can't be grouped by val because, as in the example, the groups of consecutive numbers are not unique (e.g. both groups are 0.0)

*

*.ne, .shift, and .cumsum are used to create a Series, where each sequence of consecutive values, is a unique value.

*With a sequence of unique consecutive values, groupby can be used to create a Boolean mask to select the rows, where the count of consecutive values is greater than 4, in this case.

*

*df['val'].groupby(g).transform('count') > 4 creates a Boolean mask, which is use to select rows from df[['datetime', 'val']]

*Since the request is for no movement in a 2 minute period, the count should be >=4 because the time steps are 30 seconds, and 5 consecutive occurrences is 2 minutes

import pandas as pd

# sample dataframe is the same as the data in the op
data = {'datetime': ['2020-02-27 15:43:00', '2020-02-27 15:43:30', '2020-02-27 15:44:00', '2020-02-27 15:44:30', '2020-02-27 15:45:00', '2020-02-27 15:45:30', '2020-02-27 15:46:00', '2020-02-27 15:46:30', '2020-02-27 15:47:00', '2020-02-27 15:47:30', '2020-02-27 15:48:00', '2020-02-27 15:48:30', '2020-02-27 15:49:00', '2020-02-27 15:49:30', '2020-02-27 15:50:00', '2020-02-27 15:50:30', '2020-02-27 15:51:00', '2020-02-27 15:51:30', '2020-02-27 15:52:00', '2020-02-27 15:52:30', '2020-02-27 15:53:00', '2020-02-27 15:53:30', '2020-02-27 15:54:00', '2020-02-27 15:54:30', '2020-02-27 15:55:00', '2020-02-27 15:55:30', '2020-02-27 15:56:00', '2020-02-27 15:56:30', '2020-02-27 15:57:00', '2020-02-27 15:57:30', '2020-02-27 15:58:00'], 'val': [0.0, 0.0, 0.0, 0.0, 0.0, 0.0, 0.0, 0.0, 0.0, 0.0, 0.0, 0.0, 0.0, 0.0, 0.0, 0.0, 0.0, 0.0, 1.004333, 2.002667, 5.001, 6.002667, 8.001, 4.000667, 3.0, 0.0, 0.0, 0.0, 0.0, 0.0, 0.0]}
df = pd.DataFrame(data)

# display(df.head())
              datetime  val
0  2020-02-27 15:43:00  0.0
1  2020-02-27 15:43:30  0.0
2  2020-02-27 15:44:00  0.0
3  2020-02-27 15:44:30  0.0
4  2020-02-27 15:45:00  0.0

# create a Series with the same index as df, where the consecutive values are unique
g = df.val.ne(df.val.shift()).cumsum()

# use g with groupby to count the consecutive values and then create a Boolean using > 4 (will represent 2 minutes, when the time interval is 30 seconds).
consecutive_data = df[['datetime', 'val']][df['val'].groupby(g).transform('count') > 4]

display(consecutive_data)
               datetime  val
0   2020-02-27 15:43:00  0.0
1   2020-02-27 15:43:30  0.0
2   2020-02-27 15:44:00  0.0
3   2020-02-27 15:44:30  0.0
4   2020-02-27 15:45:00  0.0
5   2020-02-27 15:45:30  0.0
6   2020-02-27 15:46:00  0.0
7   2020-02-27 15:46:30  0.0
8   2020-02-27 15:47:00  0.0
9   2020-02-27 15:47:30  0.0
10  2020-02-27 15:48:00  0.0
11  2020-02-27 15:48:30  0.0
12  2020-02-27 15:49:00  0.0
13  2020-02-27 15:49:30  0.0
14  2020-02-27 15:50:00  0.0
15  2020-02-27 15:50:30  0.0
16  2020-02-27 15:51:00  0.0
17  2020-02-27 15:51:30  0.0
25  2020-02-27 15:55:30  0.0
26  2020-02-27 15:56:00  0.0
27  2020-02-27 15:56:30  0.0
28  2020-02-27 15:57:00  0.0
29  2020-02-27 15:57:30  0.0
30  2020-02-27 15:58:00  0.0

A: import pandas as pd
from datetime import datetime

d1 = datetime.strptime("2020-02-27 15:43:00","%Y-%m-%d %H:%M:%S")
d2 = datetime.strptime('2020-02-27 15:58:00', "%Y-%m-%d %H:%M:%S")

df = pd.date_range(d1,d2, periods=30)
df = pd.DataFrame(df)
df['val'] = [0]*10 + list(range(10)) + [10]*10
df.columns = ['date','val']

def get_cont_lists(series, n):
    '''

    Given a list returns list of lists of indices where the values are constant
    for >= n consecutive values

    '''

    lol = []

    current_list = []
    prev_value = None

    for idx,elem in enumerate(series):

        if elem == prev_value:
            current_list.append(idx)

        if elem != prev_value:
            lol.append(current_list)
            current_list = [idx]
            prev_value = elem

    lol.append(current_list)

    lol = [lst for lst in lol if len(lst)>=n]

    return lol

cont_lst = get_cont_lists(lst,4)
cont_lst = [i for j in cont_lst for i in j]

required_df = df.iloc[cont_lst]

print(required_df)

redpajama_set_name: RedPajamaStackExchange


Most Real Estate Agents will request that you sign in when you enter the Open House. Sellers want to know who was in their home. If you don't want the Agent to follow up with you, simply jot a note next to your name and let them know.
Sellers sometimes request that you remove your shoes. When preparing a home for sale, sellers will often invest in carpet cleaning. Please respect their wishes and try to help them keep the home pristine and show ready.
Neighbors are welcome. If you see that there's a house down the street that is holding an Open House and you've always wanted to know what the interior looked like, go visit. Often the feedback and/or neighborhood insight that you can give a Real Estate Agent will be helpful.
Ann Arbor Open Houses can be a great place to interview a Real Estate Agent. If you're shopping for representation, visiting local Open Houses, and seeing the Agent in action can give you the opportunity to assess their work, interview them face-to-face, and get a good assessment of their follow-up based upon their contact afterwards.
Open House Success – How Homeowners can Help!
Make sure the house is sparkling clean and odor free.
Remove vehicles from the driveway so guests have a place to park.
Open all blinds and drapes to let the light in.
Turn on all lights in the home so that each room is inviting.
Do not use heavy perfumed cleaners, spices or air fresheners – many people have allergies and it will drive them right out of the house.
Put pets into a safe, quiet area, or take them with you.
As always, Berkshire Hathaway HomeServices Snyder & Company Realtors are here to assist you with any of your Open House, home buying, home selling, rental, or other real estate needs. Call us at 734-747-7500 or 734-747-7700 weekdays, or 734-660-0105 evenings and weekends. We're also available via email at info@bhhssnyder.com.


The main goal of Joel's ICEP was to assist the YMCA Immersion Program in increasing the local activism of its participants. Joel traveled to San Diego and Tijuana twice in his senior year with groups of undergraduate students who met with organizations in these border cities to explore the issue of immigration. After the first trip in January, Joel noticed that all groups had trouble answering the question, "What do we do now?" after they returned. He moved the program closer to answering this question by coordinating an event for all trip participants to come together, share their stories, and brainstorm ways to apply what they learned to the Twin Cities community.
James worked with teachers at the Dowling school to develop a weekend camping trip for third graders, paid for by a year-long fundraising program. The students participated in the fundraising process by operating a school store, which James supervised. James also created a portfolio detailing his process so that it can be replicated when he graduates. This ready-to-use plan has been beneficial in motivating elementary school students to work hard during the school year, and has provided a way for children living in the city to appreciate and experience nature.


text:
Whoever belongs to the truth... -- John 18:33-37 -- Christ The King (Proper 29) - B -- 1997
"Whoever belongs to the truth listen to me" is the way Today's English Version translates John 18:3
The signature of Jesus' eternal... -- John 18:33-37 -- Christ The King (Proper 29) - B -- 1997
The signature of Jesus' eternal kingdom is that which was nailed over his cross: INRI (four Latin l
When the great Dutch artist... -- Revelation 1:4b-8 -- Christ The King (Proper 29) - B -- 1997
When the great Dutch artist Vincent van Gogh was hospitalized in 1889, he created a striking paintin
Maxie Dunnam tells of a... -- John 18:33-37 -- Christ The King (Proper 29) - B -- 1997
Maxie Dunnam tells of a visit he and his wife made to Czechoslovakia after Communism collapsed.
The remaining royalty in our... -- John 18:33-37 -- Christ The King (Proper 29) - B -- 1997
The remaining royalty in our world are having a difficult time with publicity, power, and prestige.
The night is pitch dark... -- Revelation 1:4b-8 -- Christ The King (Proper 29) - B -- 1997
The night is pitch dark. There is no moon. The city lights are far away.
A poll was recently conducted... -- Revelation 1:4b-8 -- Christ The King (Proper 29) - B -- 1997
A poll was recently conducted among young adults, i.e., people in their twenties and thirties.
Saint John immediately describes Jesus... -- Revelation 1:4b-8 -- Christ The King (Proper 29) - B -- 1997
Saint John immediately describes Jesus as the one "who is and who was and who is to come" in the ope
And to him was given... -- Daniel 7:9-10, 13-14 -- Christ The King (Proper 29) - B -- 1997
"And to him was given dominion and glory and kingdom, that all peoples, nations, and languages shoul
During World War II, a... -- Ephesians 1:15-23 -- Christ The King (Proper 29) - B -- 1996
During World War II, a group of Jews, hounded by the
Let me take you back... -- Ephesians 1:15-23 -- Christ The King (Proper 29) - B -- 1996
Let me take you back to 1980: Lake Placid. The crowd is
RemainsCemetery overgrown with... -- Ephesians 1:15-23 -- Christ The King (Proper 29) - B -- 1996
RemainsCemetery overgrown with weeds,resting place of forgotten saints,
As a youngster, aspiring to... -- Matthew 25:31-46 -- Christ The King (Proper 29) - B -- 1996
As a youngster, aspiring to be a leader, I always admired
Insiders know. Bank officers know... -- Matthew 25:31-46 -- Christ The King (Proper 29) - B -- 1996
Insiders know. Bank officers know the security codes and the
Bernard Kouchner is a French... -- Matthew 25:31-46 -- Christ The King (Proper 29) - B -- 1996
Bernard Kouchner is a French doctor who is the founder of
ReflectionsWould I have... -- 1 Corinthians 15:20-28 -- Christ The King (Proper 29) - B -- 1996
ReflectionsWould I have dared to love you, or perchance
In The Garden is a... -- Matthew 25:31-46 -- Christ The King (Proper 29) - B -- 1996
"In The Garden" is a favorite hymn of many. The words speak
People are inclined to fear... -- 1 Corinthians 15:20-28 -- Christ The King (Proper 29) - B -- 1996
People are inclined to fear death more than any other human
A nominal member, member-on... -- 1 Corinthians 15:20-28 -- Christ The King (Proper 29) - B -- 1996
A nominal member, member-on-the-church-roll only, for one
God in Christ -- that is... -- 1 Corinthians 15:20-28 -- Christ The King (Proper 29) - B -- 1996
"God in Christ -- that is ChristmasChrist in us -- that is Easter."
In the movie, Oh God... -- John 18:33-37 -- Christ The King (Proper 29) - B -- 1994
In the movie, Oh God!, Jerry Landers discovers very quickly and humorously that God's kingdom and ve
Truth is an elusive subject... -- John 18:33-37 -- Christ The King (Proper 29) - B -- 1994
Truth is an elusive subject, hard to define without a context.
One day as my wife... -- John 18:33-37 -- Christ The King (Proper 29) - B -- 1994
One day as my wife and I pulled onto the interstate I noticed in my rearview mirror a police car fo
When he was questioned by... -- John 18:33-37 -- Christ The King (Proper 29) - B -- 1994
When he was questioned by Pilate, Jesus never answered one of the Procurator's primary questions: "
During the 1948 Mideast War... -- Revelation 1:4b-8 -- Christ The King (Proper 29) - B -- 1994
During the 1948 Mideast War, Vermont Senator Warren Austin asked: "Why can't these Arabs and Jews wo


The drivers; Who's where so far?
THE 2018 Liqui-Moly Bathurst 12 Hour entry list released last week sets the scene for a thrilling race between some of the best brands in the world – but who's going to be behind the wheel?
A busy week of announcements last week put in place several key pieces in the driver puzzle; though there's still holes to fill.
Despite the gaps, there's already some of the best and brightest from the Virgin Australia Supercars Championship, while the big brands have drawn on significant factory firepower to bolster their squads already – with many more to come, we suspect.
With that in mind, here's a rundown of who are already confirmed starters for the February 2-4 event, and who is yet to lock in their plans.
Already it makes for tasty reading – and you can be bet it will get stronger yet when some of the yet-to-be announced combinations are made public.
NUMERICALLY, Audi are the most well-represented brand in the GT3 class yet only one of the 10 R8s entered has had a combination announced.
That trio – Marc Cini, Lee Holdsworth and Dean Fiore – will drive Cini's Hallmarc entry which will be one of a fleet of cars from Audi Sport Customer Racing Australia.
The Troy Russell-led squad is yet to confirm any other pairings, though you can expect several of them to pack a significant punch. Both Jamec-Pem Racing entries, for example, featured fully professional driving squads this year.
The other two Audi's are the pair entered by Belgium-based outfit WRT. If there were a betting market on drivers, the odds on both of their cars featuring driver combinations with race-winning potential would be ridiculously short. WRT tend to not enter races they don't believe they can win.
BACK for another crack at an elusive Bathurst win, Bentley confirmed much of their existing squad would return in 2018 save for Ollie Jarvis being replaced by young Frenchman, Jules Gounon. That means Guy Smith, Steven Kane, Any Soucek, Maxime Soulet and Vincent Abril will all be back.
Though they are yet to announce formal combinations, you would be hard pressed to split up the Smith / Kane combination that has finished fourth, third and third in the last three 12-hour encounters on the Mountain.
FIREPOWER is the name of the game here, with both the BMW Team SRM entry and the Schnitzer car featuring a mix of local and international, factory talent to give the German brand their best shot at a first Bathurst enduro victory since 1997.
Steven Richards will have Timo Glock and Phillip Eng in his car, while Schnizter has plumbed for Chaz Mostert – already a Bathurst winner over six hours and 1000km – and DTM stars Marco Wittman and Augusto Farfus.
Glock and Wittmann were both part of BMWs attack this year so will be as fast as anybody, while Eng and Farfus won't take long to get up to speed.
NEW ZEALAND's Trass Family Motorsport has had a spread of talented drivers in their 458 GT3 in recent New Zealand races but there is yet to be word on who will be coming to Bathurst.
SOLID combinations have already been announced for the raging bull, notably the consistent pairing of Steve Owen and David Russell in Roger Lago's JBS Racing Gallardo R-EX. The Black Beauty may be getting a bit old now but, remember, it wasn't long ago that this car was qualifying at the pointy-end, let alone strong finishes in the last few years.
Trofeo Motorsport have locked in the same combination as this year too, with Jim Manolios joined by Dean Canto, Ryan Miller and Ivan Capelli.
Richard Gartner is yet to fully confirm who will join him in the bright yellow Safe-T-Stop car, but we keep hearing the name 'David Wall' thrown about, which would make it a very feisty combination indeed.
OBJECTIVE Racing were quick to confirm that Tony Walls would be joined by Jaxon Evans, Warren Luff and Tim Slade in 2018, instantly asserting themselves as Pro/Am class contenders early in the piece and, should all go to plan on race day, a possible outright threat too.
Much speculation has hovered around the pair of YNA Autosport McLarens that appeared on the entry list last Friday – and will continue until they make a formal announcement. That speculation suspects McLaren, however, will return to being a force on the Mountain next year – so we watch this space with interest.
SIX AMG GT3s make for plenty of grunt from the German brand – as does the Max Twigg / Tony D'Alberto / Craig Baird combination Scott Taylor Motorsport has announced for their lead car. It's a good combination, too.
Strakka Racing announced Cameron Waters would lead their first entry announced, a handy signing for his Bathurst miles even if he hasn't done a heap of GT3 racing. He will be joined by Nick Leventis, Lewis Williamson and David Fumanelli in the lead Strakka car. That trio are experienced GT drivers but it remains a hard combination to predict results for at this early point.
Drivers for the second Strakka, second STM and Ninteen Corp – that's Mark Griffith's car – entries are yet to be confirmed.
One additional AMG GT3 was announced on Friday however a team affiliation or entrant was not named, adding an air of mystery to the AMG arsenal..
IT is amazing to consider that Porsche have never won any of the Bathurst 'majors' – however 2018 could be their year.
Manthey Racing will come with Dirk Werner, Romain Dumas and Fred Makowiecki aboard their entry and you suspect that is a combination they would have quite happily thrown in one of their 919 Hybrids at LeMans this year should they have had enough cars.
Black Swan Racing will make their debut and could be contenders based on the driver roster the announced several months ago. Tim Pappas has endurance experience aplenty, as does Jeroen Bleekemolen – who adds Bathurst miles to that mix. Black Swan announced David Calvert-Jones would be involved in their team though given his own outfit – Competition Motorsports – will be back in 2018 we don't know if he'll drive for his own team or not. Watch this space for both that, and who else is in the Competition Car which was a podium finisher this year.
OF the five Porsche's in Class B, we know two combinations so far.
Two-time race winners Grove Racing will have the father-son combination of Stephen and Brenton Grove to be joined by Ben Barker – a familiar face to the team and indeed the race.
Meanwhile, Team Porsche Carrera Cup Asia will have Paul Tresidder, Chris van der Drift, Even Chen and Andrew Tang in their squad with each representing the Asian one-make category.
Danny Stuttered and Sam Fillmore have been confirmed in their Ash Seward-prepared car, though a third driver has not yet been named.
THIRTEEN GT4 cars are on the grid for 2018 and it's set to be an incredible battle – though only the works KTMs have announced drivers.
Their first car will be piloted by Justin McMillan, Tim Macrow, David Crampton and Caitlin Wood; a unique blend of experience in the car, the race, the sport in general and with KTMs specifically.
The sister car has Glen Wood, Trent Harrison and Cody Hill and it should make for fascinating inter-team combination.
DAYTONA Sports Cars locked in their drivers late last week, just before the entry list was released.
Ben Schoots, Adam Macrow and Michael Caine will steer the Dodge Viper, while Jamie Augustine, Dylan Thomas and Rhys Howell will be behind the wheel of the enormously popular Daytona Coupe.
MARC Cars Australia will bring close to 30 drivers for their remarkable eight-strong campaign, surely one of the biggest ever mounted on a Bathurst enduro by a single team / brand. Expect their roster – or most of it – this week.


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To be frank, after you produced that hilarious 'legal argument' that a writ of habeas corpus was required to free someone on bail who had been charged with a misdemeanour I wouldn't bother creating a 'legal argument' about anything for you, it would be a waste of time.
I don't particularly want to be deflected by this ancient topic (and I fully appreciate why you want to change the subject) but I have no idea why you find that statement "hilarious" because a writ of habeas corpus was indeed required to free someone on bail who had been charged with a misdemeanour. I don't know how else you think it could have been done, short of breaking someone out of prison. The relevant thread was a long time ago so no doubt you have forgotten that I cited law reports which proved this statement as well as quoting from the Habeas Corpus act of 1679.
The irony is that back then you also introduced legal gibberish mumbo jumbo into the discussion with your misunderstanding of the R v Mullins decision and your bizarre, irrelevant and wholly unsupported statements regarding the concept of corpus delecti.
No idea what you are talking about. Looks like gibberish.
and the weight that carried in the context of the times, with a deeply religious culture and an almost total reliance on verbal evidence to convict.
Secondly, the events surrounding this murder are unique in themselves, the fact the city solicitor is at an inquest is itself an exceptional event , and on top of that my argument is a precautionary one.
I agree that the city solicitor did not normally appear in cases of murder although he did appear quite frequently at inquests, mainly in respect of deaths from fires – that is probably because there were not that many murders in the city of London but lots of fires - but, legally speaking, there was nothing unique about the murder of Eddowes. It was a murder. That's it. All the same legal rules apply.
Here's a challenge for you Mr Lucky. If you think that the city solicitor feared some kind of challenge by a defence counsel at trial in respect of Lawende's evidence, write a submission in the form a defence counsel would have made it before the judge at the trial (setting out within that submission what the defence counsel wanted to achieve, i.e. exclusion of Lawende's evidence or abandonment of the trial or whatever, and the legal grounds on which he expected the judge to rule in his favour). Then perhaps we can at least understand what you think might have been on the city solicitor's mind. At the moment your argument is vague, contradictory and virtually incomprehensible (apart, of course, from being legal gibberish).
With that in mind its clear to me that your endless demands for me to produce similar examples, like your demands for 'legal arguments' when you don't know the basics, is a further demonstration of someone playing to the crowd and who has no genuine or honest interest in the matter.
I can only laugh at the expression "endless demands for me to produce similar examples". That is called precedent, Mr Lucky. That's how the law works. It's based on statute and precedent.
If you don't have a statute and/or you don't have a precedent then, if you can't even cite a leading text book, you don't have a legal argument. Authority HAS to be provided.
All we have had so far is your unsubstantiated opinion which has no legal support behind it whatsoever. Even if for some reason you don't agree with a single word I have written, the onus is entirely on your to support your argument. If you can't do it (and you plainly can't) then it can only be legal gibberish.
What can you possibly think I am accusing you of lying about? You haven't included any facts in your posts, merely unsupported opinion. To be clear, I think you are terribly misguided in that you seem to have convinced yourself that you know something about legal matters whereas it's patently obvious that you don't.
At the Eddowes inquest Lawende was about to testify about the dress of the man he saw together with Eddowes near the murder site.
But Lawende was silenced by the city solicitor.
The city solicitor said that for particular reasons evidence about the dress of the man should not be given.
The only thing Lawende was allowed to say was that the man had a peaked cap.
Why did they withhold the information about the dress of the man seen with Eddowes before the murder?
And in the original inquest sources Lawende states that he has given his description to the police (Evans & Skinner, p. 297).
And what were those "particular reasons"?
I am just a simple historian asking questions.
A man wanted for questioning about the murder of a Kent housewife who died after a parcel bomb exploded at her home is believed to have fled to Spain.
Kent police, who described the man as dangerous said they had alerted Interpol to help the search for the killer of Mrs Barbara Harrold, who died from injuries a week after a tube packed with nails exploded in her hands at Ighatham, near Sevenoaks on May 21.
The man who is in his 50s was seen at Bearsted post office on the outskirts of Maidstone where the bomb was posted three days before the explosion.
The motive for the bombing is still uncertain.
The development in the murder hunt occurred during the weekend when police searched a house near Maidstone where the man had been staying. They found equipment thought to have been used by the bomber.
The police are withholding the man's name for operational reasons but said that "he is known to be an Englishman who was in possession of a Spanish-registered car".
Clearly the police withheld the man's name because he was a police officer. It's obvious. There can't possibly be any other explanation.
Perhaps Pierre will reveal his suspect in 2017 then again perhaps not.
However the man reporting it- Schwartz, was not English, and may not have spoke Polish, if he was aware of the recent case of lipski, may not he have misheard it.
There you are, I wonder if this was what Pat may have been asking? Could the word have been misheard and confused?
If so it opens several possibilities does it not? not just related to the name, but to a possiblie later id.
I think it would be a brave person who could say definitively not .


text:
/* Licensed under the Apache License, Version 2.0 (the "License");
 * you may not use this file except in compliance with the License.
 * You may obtain a copy of the License at
 *
 *      http://www.apache.org/licenses/LICENSE-2.0
 *
 * Unless required by applicable law or agreed to in writing, software
 * distributed under the License is distributed on an "AS IS" BASIS,
 * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
 * See the License for the specific language governing permissions and
 * limitations under the License.
 */
package org.flowable.engine.impl.history.async.json.transformer;

import org.flowable.common.engine.impl.interceptor.CommandContext;

import com.fasterxml.jackson.databind.node.ObjectNode;

public abstract class AbstractNeedsHistoricActivityHistoryJsonTransformer extends AbstractHistoryJsonTransformer {

    @Override
    public boolean isApplicable(ObjectNode historicalData, CommandContext commandContext) {
        return historicActivityInstanceExistsForDataIncludingFinished(historicalData, commandContext);
    }

}

redpajama_set_name: RedPajamaGithub


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Limited tickets! Only 1 ticket will be available per person. Once registered in Eventbrite we will contact you in order to complete the accreditation process. Accreditations will be issued on a first come, first served basis.
Thermal Recycling of Composites(Barcelona, Spain). TRC has developed R3FIBER, technology able to recycle boats and other composites contributing to circular economy and solving the global problem caused by the management of these materials. TRC reduces the management costs, and production costs are reduced through the use of high quality recycled fibers.
After the pitching competition, we will have the opportunity to attend an unprecedented round table, as we will have the honour of listening to the representatives of three of the world's most famous ocean races: Laure Le Goff (Vendée Globe), Antonio Bolaños (Volvo Ocean Race) and Carlos Clastre (FNOB / Barcelona World Race), who will delight us talking about challenges and innovation in their day-to-day activities.
Nautic Tech 2018 will be possible thanks to our incredible partners: McCann Worldgroup, Baker&McKenzie,4YFN, MARES Nautical Magazine, Cava Rabetllat i Vidal and Padcelona and , and our collaborators: Vendée Globe, Volvo Ocean Race, FNOB, Port de Barcelona, French Tech Barcelona, Lanzadera, AEBAN,ESADE Creapolis, Wayra, Barcelona Activa.
"Transitioning economies to sustainable Blue Growth"
Seed&Click is a company leader in Spain boosting the innovation, entrepreneurship and private investment ecosystem offering innovation consultancy, organizing international investment forums and training and developing and managing several business angel networks.
- Seed&Click Angel Network: Private network of international investors focused on technological startups in all sectors.
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We organize high impact events with international visibility in the entrepreneurship/investing ecosystem. Managers of 4YFN Awards, Hack D Gap Global Challenge, FCB Sports Technology Symposium Awards, iSport Forum, Primavera Pro Startups, 080 Investor Day, Entrepreneurship prize and Isabel P. Trabal Grant and others.
We share our knowledge and expertise in Entrepreneurship, Angel Investing, Sales Acceleration, Elevator Pitch in different formats: Masterclass, Conferences, Programs, Courses o Experts Panel.


Here at Hartmann & König, we see ourselves as partners to our customers. Therefore, our customer service begins long before the cable reel or slip ring system has been supplied. As a specialist for energy and data transfer systems, we provide our customers with comprehensive advice based on the appropriate cable reel specifications, drive units, cables and original spare parts as well as installation conditions and requirements. Thanks to our long-standing development expertise, our highly-qualified employees and cutting-edge technology we achieve a high vertical range of manufacture and flexibility.
To us, customer proximity is more than just another phrase. Even though the product has already left our headquarters, our service department is also the point of contact for customers relating to original spare parts, maintenance, installation and commissioning. We pull out all the stops and send our qualified technical customer service employees all over the world to prevent or minimise downtimes. Whenever you need support.
You can reach our Service-Hotline 7 days a week from 6 am to 10 pm. Even if our Service staff is away on a job, they will be immediately notified in case of an emergency. They will call you back as soon as possible!


I will admit, I wanted to read this book based only on the cover alone. It's gorgeous! Plus I read Renee's, Wrath and the Dawn duology, and loved those, so I assumed I would like this as well. Flame in the Mist had a very Mulan feel to it, but with a twist. It felt real. I thought I was living the story, instead of merely reading it. Pure magic.
Mariko's life isn't headed in the direction she wishes it would go. After falling into the hands of the Black Clan, she must conceal her identity and slowly find the answers to why her life was threatened. But as she grows closer to the Black Clan, she realizes that some things aren't what she originally perceived. There's more to these men than she's been told.
As she learns to fight with these men, she grows closer to one in particular. And when he learns her secret, her entire world gets turned upside.
I do enjoy escaping to a foreign land, and Renee's books let me do just that. They're filled with the perfect combination of adventure, fantasy and romance all set in the beautiful locations. My heart was racing, and stopping, at quite a few spots. I am rather anxious to read the next one!!


We recognize the importance of listening to your business needs, understand the needs and commit to deliver those needs!
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Even though the company is at growing stage at this moment but nevertheless growing very fast. OneERP is established to be fully focused on providing services in term of project management, implementation, training, out sourcing and upgrading of the Oracle JD Edwards software.
From the outset we made our core values fundamental to the way we operate.
ONE ERP SOLUTIONS SDN BHD (OneERP) founded in 2012 by our two(2) founders, Lau King Yew and Tan Yuh Pei who are already well recognized in Malaysia for their many years experiences in Oracle JD Edwards' solutions.
EnterpriseOne is the first ERP solution to run all applications on Apple iPad. JD Edwards EnterpriseOne also delivers mobile applications.


Spinal Injury Claims Compensation: If you've suffered from a spinal injury, let us help you claim the compensation you deserve.
Something as serious as a spinal injury can have a devastating impact on the lives of both the injured party and loved ones, this is why we want to help you get the maximum support available to you, using spinal injury claims.
Our personal injury lawyers and solicitors will fight to get you the compensation you deserve without any added hassle, as we understand that is the last thing anyone wants after an unexpected accident.
An accident that has resulted in a spinal injury or a spinal cord injury can change's a victims life as they know it. Your spine is what keeps your body moving and upright. Your spinal cord is the system that transfers the messages from your brain to the rest of your body.
If an accident has caused damage to your spinal cord then you could suffer problems in other parts of your body, such as loss of movement below the waist, loss of movement in the arms, loss of sensation all over your body.
In the UK every year, there are around 1,200 people paralysed from a spinal cord injury. Once paralysis is happened your life will change dramatically. It's not only the victims that struggle to come to terms with the diagnosis but the victims loved ones too.
People can feel very angry that they have been put in this situation through no fault of their own. This is why Beardsells are the right people to turn to when the time comes to claim compensation.
Here at Beardsells Personal Injury Solicitors we have dealt with many cases involving spiral injury accidents. The difference between us and everyone else is that we treat no two cases the same. We understand that your accident is unique to you. So we make sure our approach is unique to you too.
We are experts when it comes to dealing with difficult cases. We understand that spinal injury claims can be sensitive cases. You may not want to relive your accident, but we'll listen to your story like a friend would.
We'll build your case so strong it'll be impossible not to get your compensation. You're in good hands with us.
You spine is the supporting structures for your entire body. It connects your head, neck, shoulders, arms, pelvis and legs. It's made up of bones that connect in a vertical structure. Your spine is flexible due to the elastic ligaments and spinal discs within the spine; this allows you to move freely.
If your working environment is causing you back problems or your employers haven't provided a proper programme to teach employees have to lift correctly then you may be entitled to claim compensation.
1. Localised – one part of the face or body, such as one hand, becomes paralysed.
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I WOULD like to publicly thank Regesh Govender from Greytown Funeral Services for his exceptional service. Last week, I conducted a funeral for one of my congregants and I suggested the family make use of his services. I was once again pleasantly surprised by the way he went beyond the call of duty to assist the family. With great empathy he managed to arrange everything in exactly the way the family requested, even if that meant working on a public holiday. Mr Govender, I salute you. You make more of a difference than you might realise.


The right to petition will change as of September 2015, following an amendment to legislation passed in parliament on January 28.
According to the document approved by a total of 126 MPs, public administration bodies will be obliged to publish information concerning how they have dealt with petitions on their websites. They will also have to debate all petitions supported by large numbers of people – by a minimum of 10,000 people in the case of nationwide issues, and by at least 1,000 people in the case of local matters.
In order to boost the dialogue between people and public administration bodies, the legislation introduces the option of filing a petition via electronic mail and online petition forms.
The Government Office which drafted the bill initially pushed for allowing petitions in electronic form only if they were submitted via the Public Administration Central Website and signed with official electronic signatures.
This led to disagreement on the part of non-governmental organisations which filed an official comment endorsed by more than 2,500 people. The representatives of NGOs pointed out that electronic IDs with activate electronic signatures are currently being used by only 5 percent of Slovakia's population, the TASR newswire wrote on January 28.
The requirement was dropped for most petitions, but electronic petitions in which a certain number of signatories or a certain age limit is required, such as for calling a referendum, will have to be signed using official electronic signatures.
Based on the amended regulations, the signatories of a petition will be obliged, moreover, to state their email address, which will be used to verify their identity. Currently, signatories are supposed to state their full name and home address.


text:
Q: need some assistance for zf2 installation I'm using windows 7 32-bit, and xampp 1.8.1.
I followed http://samminds.com/2012/07/zend-framework-2-installation-on-xampp-for-windows/ to install zf2.
I downloaded 'http://msysgit.googlecode.com/files/Git-1.8.4-preview20130916.exe' and installed in "D:\Program Files\Git".
I installed my project by 'git' by the command-
git clone git://github.com/zendframework/ZendSkeletonApplication.git F:\xampp\htdocs\zen

and my zend skeleton was installed in "F:\xampphtdocszen" folder.
the folder structures are:

now the tutorial says to type:
php composer.phar self-update
php composer.phar install

these lines but when I typed
php composer.phar self-update

in git cli and pressed 'Enter' then got this error-

what should I do now to install zf2 successfully ? please tell me with detail (detail folder path,detail cli command etc.)
-Thanks.
Edit:
I got this error while trying-
php composer.phar install

error:

RESOLVED
I had to uncomment this line on php.ini-
extension=php_openssl.dll

A: Folder structure for XAMPP is not rite:
Structure must be like F:\xampp\htdoc\ZendSkeletonApplication
Steps to install zend framework 2:
1) Git clone https://github.com/zendframework/ZendSkeletonApplication
 (Rename the project)My project name was Zf2BlogTutorial
 C:\xampp\htdoc\Zf2BlogTutorial
2)Create a virtual host for your project(copy this code at the end of C:\xampp\apache\conf\extra\httpd-vhosts.conf  )
<VirtualHost *:80>
    DocumentRoot "c:/xampp/htdocs/Zf2BlogTutorial/public"
    ServerName local.blog
    ServerAlias local.blog
    <Directory "c:/xampp/htdocs/Zf2BlogTutorial/public">
        DirectoryIndex index.php
        AllowOverride All
        Order allow,deny
        Allow from all
    </Directory> </VirtualHost>

3) go to C:\Windows\System32\drivers\etc\hosts
and put this at the end:
127.0.0.1      local.blog

4) go to Zf2BlogTutorial(project folder)
5)
php composer.phar install

php composer.phar self-update

5)http://local.blog on browser and you will see zend framework 2 page


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text:
851 F. 2d 1035 - Defenders of Wildlife Friends of Animals and Their Environment v. P Hodel
851 F.2d.
851 F2d 1035 Defenders of Wildlife Friends of Animals and Their Environment v. P Hodel
28 ERC 1129, 18 Envtl. L. Rep. 21,343
DEFENDERS OF WILDLIFE, FRIENDS OF ANIMALS AND THEIR
ENVIRONMENT, and The Humane Society of the United
States, Appellants,
Donald P. HODEL, as Secretary of the Interior, Appellee.
Submitted Dec. 15, 1987.
Decided July 8, 1988.
Rehearing and Rehearing En Banc Denied Oct. 14, 1988.
Brian B. O'Neill, Minneapolis, Mn., for appellants.
John C. Harrison, Washington, D.C., for appellee.
Before John R. GIBSON, BOWMAN, and WOLLMAN, Circuit Judges.
WOLLMAN, Circuit Judge.
Defenders of Wildlife, Friends of Animals and Their Environment, and the Humane Society of the United States (collectively Defenders) brought this action to challenge a Department of Interior final regulation that provides that United States agencies funding projects in foreign countries have no duty to consult with the Secretary about the projects' impact on endangered species of wildlife or plants. Defenders alleged that the regulation violates the section 7 consultation requirement of the Endangered Species Act, 16 U.S.C. Secs. 1531 et seq. (1982). The district court dismissed the action for lack of subject matter jurisdiction, concluding that Defenders failed to satisfy the standing requirement of Article III, Section 2 of the Constitution, 658 F.Supp. 43. We reverse and remand.
In the Endangered Species Act (the Act or ESA), Congress declared that "the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction." 16 U.S.C. Sec. 1531(a)(4) (1982). The Secretary must publish in the Federal Register a list of species of wildlife or plants endangered or threatened with extinction. Id. Sec. 1533(c)(1). See also 50 C.F.R. Sec. 17.11-12 (1986). More than half of the species listed as endangered or threatened are species whose primary ranges are outside of the United States.
Under section 7(a)(2) of the Act, 16 U.S.C. Sec. 1536(a)(2), a federal agency that authorizes, funds, or carries out any action must consult with the Secretary to insure that the action is "not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat of such species." Id. Federal agencies thus have a mandatory duty to insure that their actions will not harm endangered species. See H.Rep. No. 412, 93d Cong., 1st Sess. (1973), U.S.Code Cong. & Admin.News 1973, 2989. The legislative history of the Act "indicates beyond doubt that Congress intended endangered species to be afforded the highest of priorities." Tennessee Valley Auth. v. Hill, 437 U.S. 153, 174, 98 S.Ct. 2279, 2292, 57 L.Ed.2d 117 (1978) (enjoining completion of multimillion-dollar dam to protect snail darter from extinction).
To assist federal agencies in meeting this responsibility, section 7 outlines a process through which agencies are to consult with the Office of Endangered Species of the United States Fish and Wildlife Service or the Office of Protected Species of the National Marine Fisheries Service. The purpose of the consultation process is to supply advice and information, identifying actions that may harm listed species or their habitats. The Secretary must issue a written opinion describing the effect of the proposed agency action on endangered species. If the proposed action will harm endangered species, the Secretary must propose acceptable alternative action. See 16 U.S.C. Sec. 1536(b). After consultation, "the final decision of whether or not to proceed with the action lies with the agency itself. Section 7 does not give the Department of the Interior a veto over the actions of other federal agencies, provided that the required consultation has occurred." National Wildlife Fed'n v. Coleman, 529 F.2d 359, 371 (5th Cir.), cert. denied, 429 U.S. 979, 97 S.Ct. 489, 50 L.Ed.2d 587 (1976); see also Sierra Club v. Froehlke, 534 F.2d 1289, 1303 (8th Cir.1976).
The present controversy stems from a final rule, published on June 3, 1986, that limits the scope of consultation. The regulation provides that federal agencies have a duty to consult with the Secretary to insure that any action they authorize, fund, or carry out only "in the United States or upon the high seas" is not likely to jeopardize the continued existence of any listed species. 50 C.F.R. Sec. 402.01 (1986). Previously, consultation on federal agency actions in foreign countries was required. See 50 C.F.R. Sec. 402.04, 43 Fed.Reg. at 874 (1978). Additionally, the new rule defines an "action" as "all activities or programs of any kind authorized, funded, or carried out, in whole or in part by Federal agencies in the United States or upon the high seas." 50 C.F.R. Sec. 402.02 (1986). The Secretary's list of endangered species, however, continues to include species whose primary ranges are outside of the United States.
Defenders brought this action to challenge the new regulation. Count I alleged that the Secretary violated section 7(a) of the Act1 by not providing listed endangered species the full protection guaranteed them, and that the new regulation "threatens imminently and irreparably" Defenders' interests and the interest of the public in the continued application of section 7 of the Act to agency action abroad. Count II alleged that the Secretary's action in promulgating the new regulation was arbitrary, capricious, an abuse of discretion and contrary to law in violation of the Administrative Procedure Act, 5 U.S.C. Sec. 553 and Sec. 701 et seq. Count III alleged that the Secretary violated a statutory duty to conserve endangered and threatened species whose primary ranges are in foreign lands. Defenders asked for a declaratory judgment that the rule was illegal; for injunctive relief enjoining implementation of the new rule; and "that the Court direct defendant to perform the duties owed plaintiffs, specifically to publish forthwith regulations requiring federal agencies to consult on agency actions abroad that may affect endangered or threatened species." First Amended Complaint at 11.
The Secretary moved to dismiss the complaint for lack of subject matter jurisdiction on the ground that Defenders had not alleged the existence of a case or controversy and lacked standing to bring the action. The district court agreed that Defenders had not shown a sufficient injury that was traceable to the Secretary's new regulation and thus dismissed the action for lack of jurisdiction.
Article III of the Constitution limits the power of the federal courts to actual "cases" and "controversies." U.S. Const. art. III, Sec. 2. One purpose of the "cases or controversies" requirement is to ensure that the courts will not intrude into areas committed to other branches of government. Allen v. Wright, 468 U.S. 737, 750, 104 S.Ct. 3315, 3324, 82 L.Ed.2d 556 (1984). The doctrines that stem from Article III, such as standing, mootness, ripeness, and political question, relate "to an idea, which is more than an intuition but less than a rigorous and explicit theory, about the constitutional and prudential limits to the powers of an unelected, unrepresentative judiciary in our kind of government." Vander Jagt v. O'Neill, 699 F.2d 1166, 1178-79 (D.C.Cir.1982) (Bork, J., concurring), cert. denied, 464 U.S. 823, 104 S.Ct. 91, 78 L.Ed.2d 98 (1983).
Standing is an aspect of justicibility that focuses on the party seeking to bring his complaint before a federal court. "[W]hen standing is placed in issue in a case, the question is whether the person whose standing is challenged is a proper party to request an adjudication of a particular issue and not whether the issue itself is justiciable." Flast v. Cohen, 392 U.S. 83, 99-100, 88 S.Ct. 1942, 1952-53, 20 L.Ed.2d 947 (1968). To be a proper litigant, the party must have " 'alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues.' " Duke Power Co. v. Carolina Envtl. Study Group, Inc., 438 U.S. 59, 72, 98 S.Ct. 2620, 2630, 57 L.Ed.2d 595 (1978) (quoting Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct. 691, 703, 7 L.Ed.2d 663 (1962)). The Supreme Court summarized the constitutional requirements of standing in Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982):
[A]t an irreducible minimum, Art. III requires the party who invokes the court's authority to "show that he personally has suffered some actual or threatened injury as a result of the putatively illegal conduct of the defendant," Gladstone, Realtors v. Village of Bellwood, 441 U.S. 91, 99, 99 S.Ct. 1601, 1607, 60 L.Ed.2d 66 (1979), and that the injury "fairly can be traced to the challenged action" and "is likely to be redressed by a favorable decision," Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 41, 96 S.Ct. 1917, 1924, 1925, 48 L.Ed.2d 450 (1976).
Id. at 472, 102 S.Ct. at 758.
In addition to the constitutional requirements, courts have imposed prudential or policy limitations on a litigant's standing to bring a claim. For example, a plaintiff cannot assert the rights or interests of third parties. Warth v. Seldin, 422 U.S. 490, 499, 95 S.Ct. 2197, 2205, 45 L.Ed.2d 343 (1975). Also, a court will not decide "abstract questions of wide public significance" most appropriately addressed by the legislature. Id. at 500, 95 S.Ct. at 2206. Furthermore, the plaintiff's complaint must fall within "the zone of interests" to be protected by the statute at issue. Association of Data Processing Serv. Orgs. v. Camp, 397 U.S. 150, 153, 90 S.Ct. 827, 830, 25 L.Ed.2d 184 (1970).
Unlike the constitutional requirements, Congress may eliminate the prudential limitations by legislation. Gladstone, Realtors v. Village of Bellwood, 441 U.S. at 100, 99 S.Ct. at 1608. Where "Congress has authorized public officials to perform certain functions according to law, and has provided by statute for judicial review of those actions under certain circumstances, the inquiry as to standing must begin with a determination of whether the statute in question authorizes review at the behest of the plaintiff." Sierra Club v. Morton, 405 U.S. 727, 732, 92 S.Ct. 1361, 1364-65, 31 L.Ed.2d 636 (1972). In this case, the ESA provides that "any person" may commence a suit to enjoin any person who is alleged to be in violation of the ESA. See 16 U.S.C. Sec. 1540(g). Environmental associations are "persons" and may bring suit in their own name. Id. at Sec. 1532(13). Defenders therefore need meet only the constitutional requirements for standing for their claims under the ESA.2
A. Injury in Fact
We turn first to consider the requirement of injury in fact. A threatened injury may constitute an injury in fact. Valley Forge, 454 U.S. at 472, 102 S.Ct. at 758. The Supreme Court has recognized allegations of threatened injury on two situations. The first situation "involves cases in which the plaintiff alleges that governmental action will be taken directly against him." Wilderness Society v. Griles, 824 F.2d 4, 11 (D.C.Cir.1987) (analyzing Supreme Court cases on threatened injury). For example, in Abbott Laboratories v. Gardner, 387 U.S. 136, 87 S.Ct. 1507, 18 L.Ed.2d 681 (1967), drug manufacturers sought pre-enforcement review of regulations concerning labels and advertisements for prescription drugs, arguing that the Commissioner had exceeded his statutory authority. Id. at 138-39, 87 S.Ct. at 1509-10. The Court reasoned that the issue of statutory construction is a purely legal question and that plaintiffs had demonstated that the clash between the government and the plaintiff was sufficiently immediate and direct. Id. at 149-52, 87 S.Ct. at 1515-17.
The second situation involves "cases in which the government acts directly against a third party, whose expected response in turn will injure the plaintiff." Wilderness Society v. Griles, 824 F.2d at 11. There, the inquiry is whether "the third party's response to the challenged governmental action will injure the plaintiff at all." Id. The facts of this case fit into the second situation. The Secretary has issued regulations that provide that agencies funding projects abroad need not consult with the Secretary about the projects' impact on endangered species. The agencies are third parties whose actions in proceeding with projects without considering the projects' effects on endangered species will allegedly injure Defenders.
In their complaint, Defenders stated that:
Plaintiffs and their members have an interest in the enforcement and administration of the Endangered Species Act, 16 U.S.C. Secs. 1531 et seq., and observe and enjoy, when possible, endangered and threatened species of wildlife, incuding [sic] those species whose primary ranges are outside the United States. The actions of the defendant harm in fact the plaintiffs by, among other ways, increasing the rate of extinction of endangered and threatened species, species whose presence on earth the plaintiffs observe and enjoy.
First Amended Complaint p 5. Defenders submitted affidavits listing pending and ongoing projects in foreign countries that may be harming endangered species.
The district court found that Defenders had asserted merely an interest in the enforcement and administration of the ESA. The Supreme Court "has repeatedly held that an asserted right to have the Government act in accordance with law is not sufficient, standing alone, to confer jurisdiction on a federal court." Allen v. Wright, 468 U.S. at 754, 104 S.Ct. at 3326. See also, Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. at 482, 102 S.Ct. at 763; Schlesinger v. Reservists Committee to Stop the War, 418 U.S. 208, 223 n. 13, 94 S.Ct. 2925, 2933 n. 13, 41 L.Ed.2d 706 (1974). Here, however, Defenders also alleged that specific projects in foreign countries which their members had visited were increasing the rate of extinction of endangered species. An interest in aesthetic, conservational, and recreational values will support standing when an organizational plaintiff alleges that its members use the area and will be adversely affected. United States v. Students Challenging Regulatory Agency Procedures (SCRAP), 412 U.S. 669, 702, 93 S.Ct. 2405, 2423, 37 L.Ed.2d 254 (1973); Sierra Club v. Morton, 405 U.S. at 734-35, 92 S.Ct. at 1365-66.
Defenders also argue that the Secretary's refusal to carry out a statutorily mandated procedure constitutes sufficient injury in fact to confer standing. Defenders rely on Watt v. Energy Action Educational Found., 454 U.S. 151, 102 S.Ct. 205, 70 L.Ed.2d 309 (1981), where the plaintiffs alleged that the Secretary of the Interior had breached a statutory obligation to experiment with various bidding systems for leasing tracts of the outer continental shelf. The plaintiffs had standing to challenge the Secretary's refusal to experiment with various bidding systems because the relief requested--an injunction prohibiting further lease sales until the Secretary issued regulations for alternative bidding systems--would result in the Secretary using the best bidding system. Id. at 162, 102 S.Ct. at 213. In the present case, however, the Secretary correctly points out that in Watt the plaintiffs had alleged an economic, not a procedural, injury.
Various courts of appeals have held that agency violations of procedural rights constitute injury in fact. In Trustees for Alaska v. Hodel, 806 F.2d 1378 (9th Cir.1986), five environmental groups filed an action for declaratory and injunctive relief against the Department of the Interior to require the Department to follow all necessary public participation procedures in preparing an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA) before submitting a report to Congress with recommendations concerning possible exploration of oil and gas within the coastal plain. Id. at 1379-80. The Department contended that mere speculation on the contents of the report did not confer standing. The Ninth Circuit disagreed, holding that the environmental groups had standing to challenge alleged agency violations of procedural rights. Id. at 1380. See also Oregon Environmental Council v. Kunzman, 817 F.2d 484, 491 (9th Cir.1987) (procedural defects in environmental impact statement (EIS) preparation create risk that environmental impacts will be overlooked and constitute injury in fact); Munoz-Mendoza v. Pierce, 711 F.2d 421, 428 (1st Cir.1983) (failure to make allegedly mandatory study is procedural error).
The Secretary does not contest that a procedural injury may be a judicially cognizable injury in fact. Instead, he responds that Defenders did not allege a procedural injury in their complaint. We disagree. Defenders alleged that they and their members have an interest in the enforcement and administration of the ESA. First Amended Complaint p 5. In their prayer for relief, Defenders requested that "the Court direct defendant to perform the duties owed plaintiffs, specifically to publish forthwith regulations requiring federal agencies to consult on agency actions abroad that may affect endangered or threatened species." Id. at 11. We conclude that Defenders have pleaded a procedural harm as well as harm in the increased rate of extinction of endangered species.
B. Fairly Traceable and Likely to be Redressed
The Secretary concedes that physical damage to a place an individual personally visits or to animals he actually observes is a type of injury sufficient to confer standing under Article III. The parties disagree over whether this injury to the Defenders' professional and aesthetic interests in the existence of endangered species is traceable to the Secretary's action in promulgating the new regulation and whether the injunctive relief sought will redress the complained-of injury.
The district court raised questions concerning the projects that the Defenders listed as increasing the rate of extinction of endangered species. Several of the projects were funded by the World Bank, which is not a federal agency. Other projects had been halted or completed. None of the projects was initiated subsequent to the publication of the new rule. The district court therefore concluded that no harm could have yet resulted from the new rule.
On appeal, Defenders argue that harm has resulted from the new rule because no consultation was ever done on the ongoing Mahaweli project in Sri Lanka, funded by the Agency for International Development (AID). Eight endangered species--the Indian elephant, leopard, purple-faced langur, toque macaque, red-face malkoha, Bengal monitor, mugger crocodile, and python--are found in the project area. Although there is a continuing need for consultation, under the new rule AID will never be compelled to consult with the Secretary about the project's effect on endangered species. A member of Defenders who has visited the area of the Mahaweli project for the purpose of observing its wildlife will be injured.
The district court also reasoned that consultation might have already occurred. In ruling on a motion to dismiss for want of standing, however, the court "must accept as true all material allegations of the complaint, and must construe the complaint in favor of the complaining party." Warth v. Seldin, 422 U.S. at 501, 95 S.Ct. at 2206. Defenders' affidavits attached to the complaint alleged that for the ongoing Mahaweli project, no section 7 consultation has ever been conducted. Accordingly, it was inappropriate for the district court to surmise that consultation might already have occurred.
Additionally, reinitiation of formal consultation is required when "new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered." Sierra Club v. Marsh, 816 F.2d 1376, 1387 (9th Cir.1987) (emphasis deleted) (quoting 50 C.F.R. Sec. 402.16(b)). Defenders cited AID's Picchis-Palcazu community forestry project in Peru as threatening harm to endangered species, including the jaguar, uakari, and Geoldi's marmoset. Also, the Bureau of Reclamation has a nine-year commitment (1982-1991) to aid in the rehabilitation of the Aswan High Dam on the Nile in Egypt. This project threatens the endangered Nile crocodile. Thus, even in the ongoing projects in which consultation has occurred, changed circumstances could require additional consultation. We therefore conclude that the district court should not have rejected as irrelevant the projects that Defenders identified on the ground that none was initiated subsequent to the promulation of the new rule.
The district court found that the threatened harm from current and pending projects failed to meet the causation requirement for two additional reasons: (1) there was no indication that the projects would affect endangered or threatened species; and (2) the Defenders had not sought to enjoin the action agency.
Defenders argue that a litigant's standing to challenge the new regulation does not depend on proof that the projects will harm endangered or threatened species. Implicit in Defenders' allegation of procedural injury is the creation of a risk that harm to endangered species may be overlooked by an agency's failure to consult. Defenders correctly point out that the district court's reasoning would require the environmental groups to conduct their own independent investigation before commencing an action. The Ninth Circuit rejected a similar requirement under the NEPA:
Were we to agree with the district court that a NEPA plaintiff's standing depends on "proof" that the challenged federal project will have particular environmental effects, we would in essence be requiring that the plaintiff conduct the same environmental investigation that he seeks in his suit to compel the agency to undertake. Compliance with NEPA is a primary duty of every federal agency; fulfillment of this vital responsibility should not depend on the vigilance and limited resources of environmental plaintiffs. It is the federal agency, not environmental action groups or local government, which is required by NEPA to produce an EIS.
City of Davis v. Coleman, 521 F.2d 661, 670-71 (9th Cir.1975) (footnote omitted).
In arguing that Defenders have not proved the necessary causation, the Secretary relies on Allen v. Wright, 468 U.S. 737, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984). There, the Supreme Court held that parents of black children attending public schools lacked standing to challenge the sufficiency of Internal Revenue Service regulations that would deny tax-exempt status to racially discriminatory private schools. The chain of causation between the regulations and the plaintiffs' diminished ability to have their children educated in a racially integrated public school was found to be too speculative and indirect to support standing and depended on the independent actions of various third parties not before the court. The plaintiffs had not shown that "there were enough racially discriminatory private schools receiving tax exemptions" in the community to make a difference. Id. at 758, 104 S.Ct. at 3328. Also, it was entirely speculative "whether withdrawal of a tax exemption from any particular school would lead the school to change its policies" or "whether any given parent of a child attending such a private school would decide to transfer the child to public school as a result" of any change in policy. Id.
The Secretary argues that to establish traceability in this case, Defenders must show that the new regulation caused the action agencies not to consult with the Secretary and that the failure to consult led to programs being designed in a way that would harm endangered species. He argues that it is mere speculation that consultation would have made any difference, noting that in two of the projects, AID conducted its own environmental assessment. Additionally, the final design of the project depends on the independent actions of the host countries, who are third parties not before the court.
Furthermore, the Secretary argues that to prove redressability, Defenders must show that an injunction requiring the Secretary to issue a regulation requiring consultation on foreign projects would actually result in consultation, which in turn would result in a change in the project. The Secretary argues that an injunction against the new rule would not directly force the agencies to consult because the agencies' obligations stem from the ESA itself, not the regulation.
Defenders respond that the Secretary's reliance on Wright, a taxpayer case, is unfounded. They contend that this case is more akin to United States v. SCRAP, 412 U.S. 669, 93 S.Ct. 2405, 37 L.Ed.2d 254 (1973), and other environmental cases. In SCRAP, an environmental association challenged the Interstate Commerce Commission's failure to suspend a surcharge on railroad freight rates as violative of the Commission's statutory duty, on the ground that it had failed to file a detailed environmental impact statement. United States v. SCRAP, 412 U.S. at 679, 93 S.Ct. at 2411. The Court acknowledged that, in contrast to the situation in Sierra Club v. Morton, it was being asked to follow a "more attenuated line of causation" from the increased rates to their economic, recreational and aesthetic harm. Id. at 688, 93 S.Ct. at 2416.
[A] general rate increase would allegedly cause increased use of nonrecyclable commodities as compared to recyclable goods, thus resulting in the need to use more natural resources to produce such goods, some of which resources might be taken from the Washington area, and resulting in more refuse that might be discarded in national parks in the Washington area.
Id. Notwithstanding this rather tenuously linked chain of causation, the Court held that the plaintiffs had standing. Id.
We agree with Defenders that the facts of this case are more like SCRAP than Allen v. Wright. Significantly, Allen v. Wright involved a constitutional challenge, whereas this case involves, as did SCRAP, questions of statutory interpretation. Commentators have noted that if a "plaintiff is protesting a claimed invasion of a generalized constitutional injury, the Court appears to be more reluctant to find standing * * * than in cases where the plaintiff is arguably within the zone of interests protected by a federal statute, or a statute appears to grant standing in the case." 1 R. Rotunda, J. Nowak & J. Young, Treatise on Constitutional Law 129-30 (1986). Unlike Allen v. Wright, Congress has in this case granted standing to "any person" to enforce the ESA.
One rationale used to support a finding of causation in cases challenging agency regulations is that Congress itself has legislated the requisite causation and redressability. See Center for Auto Safety v. NHTSA, 793 F.2d 1322, 1334-35 (D.C.Cir.1986); see generally, Wald, The D.C. Circuit: Here and Now, 55 Geo.Wash.L.Rev. 718, 723 (1987) (discussing separation of powers issues relating to standing). In Center for Auto Safety, consumer associations challenged the agency's failure to promulgate stringent fuel efficiency regulations, as required by the Energy Policy and Conservation Act of 1975. The organization alleged that its members were injured by being deprived of the opportunity to purchase fuel efficient cars. The agency countered that the regulation would have no practical effect on the types of vehicles available. The court found standing on the ground that Congress had determined that the automobile industry would comply with more stringent fuel efficiency standards instead of paying fines. "If setting a higher standard cannot result in vehicles with increased fuel efficiency, then the entire regulatory scheme is pointless." Id.
We agree with Defenders' contention that Congress has determined that the remedy for the harm to their members' personal, professional, and aesthetic interest in endangered species is consultation between the Secretary and the action agency. Thus, the same considerations that supported the finding of standing in Center for Auto Safety are present here.
Finally, we disagree with the district court's reasoning that the Defenders should have enjoined the agency action rather than the new regulation. We see no reason to require Defenders to seek to enjoin the construction of a project. We are satisfied that an injunction requiring the Secretary to publish regulations mandating that federal agencies consult on agency actions abroad would result in consultation, which in turn would foreclose the possibility that serious harm to endangered species will be overlooked.
The order dismissing the complaint is reversed and the case is remanded to the district court for further proceedings consistent with this opinion.
BOWMAN, Circuit Judge, dissenting.
I respectfully dissent from the Court's slightly surrealistic holding that the plaintiffs have standing to maintain this lawsuit. The constitutional requirements for standing compel, it seems to me, the opposite result. The Supreme Court of the United States has stated that, at an irreducible minimum, Article III requires plaintiffs to allege personal injury fairly traceable to the defendant's allegedly unlawful conduct and likely to be redressed by the requested relief. See Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 472, 102 S.Ct. 752, 758, 70 L.Ed.2d 700 (1982). This irreducible minimum is a "core component derived directly from the Constitution." Allen v. Wright, 468 U.S. 737, 751, 104 S.Ct. 3315, 3324, 82 L.Ed.2d 556 (1984).
Plaintiffs therefore must show that their alleged injury (increased likelihood of diminished opportunities to enjoy viewing endangered species in foreign lands) is traceable to the defendant's allegedly unlawful conduct and that the relief requested will redress the injury. I part company with the majority at this point in the analysis because I do not believe that plaintiffs have made this showing.
As to the traceability requirement, I believe that the purported causal link between the challenged regulation and any harm to endangered species in foreign lands is far too speculative, attenuated, and remote to support standing. The Endangered Species Act (ESA) does not give the Secretary the power to order an action agency to comply with his requests or to veto its decisions. See Sierra Club v. Marsh, 816 F.2d 1376, 1386 (9th Cir.1987). Nor does the Secretary have any power to direct the actions or decisions of a foreign country. Even if the action agency independently decided to forego participation in a foreign project, it is entirely speculative whether the host nation would abandon its plans or seek the withdrawn aid, be it funding or technical assistance, from another source. "[U]nadorned speculation will not suffice to invoke the federal judicial power." Simon v. Eastern Ky. Welfare Rights Org., 426 U.S. 26, 44, 96 S.Ct. 1917, 1927, 48 L.Ed.2d 450 (1976).
It is no answer in this case to say that the Secretary's alleged failure to comply with the statute (by not requiring the action agencies to consult with him on foreign projects) creates the risk that harm to endangered species may be overlooked by an agency's failure to consult. See ante at 1042. The ESA itself, independent of the regulations promulgated thereunder, imposes an obligation on the agencies that assist overseas projects to insure that their actions are not likely to jeopardize the continued existence of any threatened species. See 16 U.S.C. Sec. 1536(a)(1)-(2). The consultation process, or the lack thereof, in no way diminishes this duty.1
As to the redressability requirement, I cannot discern how the relief that plaintiffs seek would effectively address their alleged injury. As previously mentioned, even if the Secretary is ordered to require the action agencies to consult with him regarding foreign ventures, the action agency and the host nation still would be legally entitled to exercise their independent judgment concerning proposed projects. Further, regardless of the availability of consultation, the action agency has a duty under the ESA to insure the environmental soundness of its operations.
The Court's response to these concerns is the assertion that "Congress itself has legislated the requisite causation and redressability." Ante at 1043. Even accepting as correct, as the Court does, ante at 1043, plaintiffs' "contention that Congress has determined that the remedy for the harm to their members' personal, professional, and aesthetic interest in endangered species is consultation between the Secretary and the action agency," it does not follow that plaintiffs have satisfied the constitutional requirements for standing. For it is the courts, not Congress, which must decide whether Article III, Section 2 of the Constitution has been satisfied in the circumstances of the particular case. We cannot satisfy this duty by deciding that Congress may have intended for us to exercise jurisdiction--an intention, by the way, that is far from clear; we must decide that the Constitution authorizes us to do so.
Read literally, the citizen suit provision of ESA, 16 U.S.C. Sec. 1540(g), authorizes "any person" to bring suit to enjoin "violation of any provision [of ESA] or regulation issued under the authority thereof." This provision does not advert in any way to any of the constitutional requirements for standing. To construe section 1540(g) as the Court does is to attribute to Congress the unexpressed intent to dispense with standing requirements entirely, and to allow "any person" to sue for an injunction against "violation of any provision" of ESA or its regulations. Surely Congress did not intend this provision to be read in a vacuum, without regard to constitutional limitations.
For the reasons adumbrated above, I would affirm the decision of the District Court dismissing this action for lack of standing.
The Act includes a citizen suit provision, 16 U.S.C. Sec. 1540(g), wbich states in pertinent part:
(1) Except as provided in paragraph (2) of this subsection any person may commence a civil suit on his own behalf--
(A) to enjoin any person, including the United States and any other governmental instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution), who is alleged to be in violation of any provision of this chapter or regulation issued under the authority thereof; * * *
The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce any such provision or regulation, or to order the Secretary to perform such act or duty, as the case may be.
Defenders have also alleged a violation of section 702 of the Administrative Procedure Act (APA), 5 U.S.C. Sec. 702 (Supp. II 1982), which provides that persons "adversely affected or aggrieved by agency action within the meaning of a relevant statute" may bring suit to challenge a final agency action. Under the APA, plaintiffs must show that "the challenged action[ ] caused them 'injury in fact,' and that the alleged injury was to an interest 'arguably within the zone of interests to be protected or regulated' by the statutes that the agencies were claimed to have violated." Sierra Club v. Morton, 405 U.S. at 733, 92 S.Ct. at 1365. See also Japan Whaling Ass'n v. American Cetacean Society, 478 U.S. 221, 106 S.Ct. 2860, 2866 n. 4, 92 L.Ed.2d 166 (1986). An interest in preserving endangered species is directly within the zone of interests of the ESA
The record demonstrates that the action agencies take this duty very seriously. The claim that formal consultation with the Secretary would have any impact on the concern of these agencies for the protection of endangered species or their actual decisions on particular projects is at best conjectural


I've got approximately 12 hours left before I spend 40 hours traveling to LCA, and I'm excited; I've wanted to come for the past 3 years ever since I first heard about it, but living on the other side of the world more or less put it out of reach for logistical and financial reasons. No more!
I'm attending as a volunteer for two projects - OLPC and Sugar Labs. Last-minute plane tickets mean I'll miss the miniconfs, but I still plan on, among other things, getting over my long-held (vague and irrational) "Here Be Dragons" fear of kernel hacking by finally mucking with my own. I'm also looking forward to meeting a good number of people (including many LinuxChix) in open-source whom I've admired for quite some time and asking them lots and lots of questions once I get excited enough to forget that I'm shy. And I will, for the second time (in 2 weeks, too) miss a keysigning. Oh well. I'll make one someday, I'm sure.
Suggestions for things to do, people to meet, and events to document are very welcome - I'm playing most of this by ear, and my transcription skills* are open to anyone who needs 'em.
*Old journalistic habits die hard; I type, sketch, record, or photograph everything I go to. As Ed McNierney said at FUDCON: "I've discovered a new form of communication. It's called the Mel-a-gram. If you want to document something, you send Mel there, and then magically, you know everything."