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Full Case Name: Friends of Animals, Plaintiff, v. The United States Bureau of Land Management, Defendant.
Country of Origin: United States Court Name: United States District Court, District of Columbia. Primary Citation: 232 F. Supp. 3d 53 (D.D.C. 2017) Date of Decision: Tuesday, February 7, 2017 Judge Name: CHRISTOPHER R. COOPER Jurisdiction Level: Federal Alternate Citation: No. 17-CV-00136 (CRC), 2017 WL 499882 (D.D.C. Feb. 7, 2017) Attorneys: Jennifer Best, Friends of Animals. Centennial, CO, for Plaintiff. Docket Num: Case No. 17–cv–00136 (CRC)
Friends of Animals, an animal welfare organization, filed suit for a preliminary injunction against the Bureau of Land Management (BLM). Friends of Animals filed suit after the BLM started organizing a new "gather" which is a a term used for the removal of wild horses. The BLM planned to "gather" wild horses from a range in Utah and the Friends of Animals challenged the decision on three grounds: (1) the decision to gather was not grounded on any National Environmental Policy Act (NEPA) document such as a environmental assessment (EA); the BLM failed to honor its previous commitment to include new EAs for any new gathers; and (3) the gather violates the Wild Horses Act on the basis that the BLM failed to make a excess population determination before authorizing the gather.
The court reviewed the three claims separately and determined that Friends of Animals' challenges to the gather were not likely to succeed and there was not a sufficient irreparable harm to warrant a preliminary injunction. First, the court found that under NEPA, an agency is able to rely on a previous EA so long as "new circumstances, new information or changes in the action or its impacts not previously analyzed [do not] result in significantly different environmental effects." The court found that previous EAs were sufficient because they had assessed an "essentially similar" capture method. Additionally, the court determined that although BLM had previously agreed to provide new EAs for any new gathers, the BLM was not legally required to do, so the Friends of Animals argument regarding this issue would not succeed. Lastly, the court found that the BLM had not violated the Wild Horses Act because the BLM had in fact conducted an excess population determination.
Lastly, the court analyzed whether or not the gather created an irreparable harm that would warrant a preliminary injunction. The court found that there was not sufficient evidence to prove any irreparable harm. As a result, the court denied the preliminary injunction and held in favor of the BLM.
The Bureau of Land Management ("BLM") is entrusted with managing the population of wild horses that roam public rangeland in the western United States. To fulfill this statutory responsibility, BLM must periodically remove horses from the range. One such removal operation—also known as a "gather"—is scheduled to begin tomorrow, February 8, 2017, in Utah's Cedar Mountains. The operation has been challenged, however, by the animal welfare organization, Friends of Animals. The organization seeks a preliminary injunction halting the gather on the grounds that BLM has not adequately considered the environmental consequences of the operation and has not properly determined that an overpopulation of horses exists. Having considered the parties' arguments and evidentiary submissions on an expedited basis, the Court finds that Friends of Animals has not demonstrated that its challenges are likely to succeed, that it would suffer irreparable harm as a result of the gather, or that the balance of the equities and the public interest weigh in its favor. The Court will, accordingly, deny Plaintiff's preliminary injunction motion.
I. Background
A. Statutory Background
The National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321 (2012), et seq., "requires federal agencies to consider the environmental impact of any major federal action." Baltimore Gas & Elec. Co. v. Nat. Res. Def. Council, Inc., 462 U.S. 87, 89, 103 S.Ct. 2246, 76 L.Ed.2d 437 (1983). Generally, when such an action is contemplated, the agency must prepare an Environmental Assessment ("EA") to determine if the action's expected effects are "significant." See 40 C.F.R. § 1501.4. If they are, then the proposed action calls for a more thorough Environmental Impact Statement ("EIS"). See 42 U.S.C. § 4332(C); 40 C.F.R. § 1508.11. If the likely effects are not considered significant, then the agency must make a Finding of No Significant Impact ("FONSI") before carrying out the action. See 40 C.F.R. § 1508.13.
BLM recognizes that proposed horse gathers are subject to NEPA. See BLM, Removal Manual, 4720.3 (2010). However, the Bureau has also determined that sometimes a proposed gather is so similar to a previous one that no new NEPA analysis is warranted. Accordingly, BLM has instructed its officials to "use existing environmental analyses to analyze effects associated with a proposed action ... when doing so would build on work that has already been done [and would] avoid redundancy[.]" BLM, NEPA Handbook, H–1790–1 at 21 (2008). In those circumstances, BLM officials are to prepare a Determination of NEPA Adequacy ("DNA"), confirming "that an action is adequately analyzed in existing NEPA document(s)[.]" Id. at 22. To issue a DNA, officials must complete an accompanying "worksheet" by answering a list of questions, such as: whether "the [relevant] geographic and resource conditions are sufficiently similar to those analyzed in the existing NEPA documents," and whether "the existing analysis [is] valid in light of any new information or circumstances[.]" Id. at 23. If the answer to even one of these questions is "no," then "a new EA or EIS must be prepared." Id. Otherwise, no further NEPA analysis is necessary before carrying out the proposed action. But because a DNA is "not [a] new NEPA analys[is]," the fate of any action justified by a DNA "must rise or fall on the contents of the previously issued NEPA documents." S. Utah Wilderness All. v. Norton, 457 F.Supp.2d 1253, 1264 (D. Utah 2006).
Also governing the challenged removal decision is the Wild Free–Roaming Horses and Burros Act ("Wild Horses Act"), 16 U.S.C. §§ 1331–40, which was enacted in 1971 to protect wild horses on public lands "from capture, branding, harassment, or death." Kleppe v. New Mexico, 426 U.S. 529, 531, 96 S.Ct. 2285, 49 L.Ed.2d 34 (1976) (quoting 16 U.S.C. § 1331). But because wild horses are only one ingredient in the lands' ecological makeup, Congress amended the Act in 1978 "to cut back on the protection the Act affords wild horses, and to reemphasize other uses of the natural resources wild horses consume." Am. Horse Prot. Ass'n v. Watt, 694 F.2d 1310, 1316 (D.C. Cir. 1982). In keeping with these twin goals, the Act directs the Secretary of the Interior to "maintain a current inventory of wild free-roaming horses and burros" in designated herd management areas ("HMAs"), and to define "appropriate management [population] levels" ("AMLs") for those areas based on site-specific environmental analysis. 16 U.S.C. § 1333(b)(1); see also BLM, Wild Horses and Burros Management Handbook, H–4700–1 at 17–18 (2010) (explaining that the AML should be "expressed as a population range," and should be based on an "in-depth evaluation of intensive monitoring data or land health assessment"). Furthermore, when the Secretary determines that a herd management area is overpopulated and that corrective action is necessary, the statute provides that "he shall immediately remove excess animals from the range ... so as to restore a thriving natural ecological balance to the range, and protect the range from the deterioration associated with overpopulation [.]" 16 U.S.C. § 1333(b)(2).
The Cedar Mountains are nestled in Tooele County, Utah, approximately 45 miles west of Salt Lake City. Pl.'s Mot. Prelim. Inj. ("MPI"), Ex. E ("2003 Decision and EA") at 5.1 Early settlers and cavalry introduced wild horses to the region as early as the late 1800s. Id. at 17. With few natural predators and ample vegetation, the wild horse population has flourished since then. Unchecked, the population is capable of doubling every three years. Id. at 5. Pursuant to the Wild Horses Act, the Cedar Mountain Herd Management Area was established in 1971 to protect the herd of wild horses that roamed within it. Id. at 17. BLM's Salt Lake Field Office assumed responsibility for the long-term management of the Cedar Mountain HMA, which included setting an AML range for the herd and conducting periodic censuses and removal operations to prevent overpopulation. Id. The first such gather and removal took place in 1975, and gathers have occurred at fairly regular intervals since then. Id.
After taking an aerial census and conducting an EA in 2003, BLM expanded the HMA's boundaries and adjusted the AML from 85 to 273, with the aim of maintaining the wild horse population between 190 and 390 depending on environmental conditions. 2003 Decision and EA at 1–2, 5. The AML was increased so that "[g]enetic defects, if present, would be diluted by a reduction in inbreeding that may occur in smaller populations." Id. at 25. The 2003 EA set the upper limit of the population range based on the number of horses "the area would support in a thriving ecological balance." Id. The lower limit, by contrast, was the number of horses "the area would support under drought conditions ...." Id. at 26.2
BLM has twice gathered and removed excess horses based on the AML range established in 2003: In 2008, 573 wild horses were to be gathered, 447 removed, and 126 released back into the HMA. Pl.'s MPI, Ex. D ("2008 Decision and EA") at 1. In 2012, 326 wild horses were to be gathered, 65 removed, and 261 released. See Pl.'s MPI, Ex. C ("2012 Decision and EA") at 2. During the gathers, breeding age mares were treated with the contraceptive porcine zona pellucidae ("PZP")—which inhibits reproduction for two to three breeding seasons—prior to being released. Id. BLM conducted a supporting EA for both gathers and ultimately concluded that neither would cause a significant environmental impact. See 2008 Decision and EA; 2012 Decision and EA.
In March 2016, BLM again surveyed the herd, estimating that it had grown to approximately 800 horses. Pl.'s MPI, Ex. F ("2016 Draft DNA") at 5. The Bureau proposed an action to remove the excess population by rounding up 600 horses from the HMA, removing 200, and releasing 400 after first treating an estimated 200 mares with PZP. Id. at 2. In a draft DNA, BLM found that the prior 2008 and 2012 EAs covered the proposed gather because "[they] analyze[d] the same analysis area as the proposed action [and] [t]here have been no changes to the HMA boundary, HMA AML or use of [PZP] since the preparation of the previous EAs." Id. at 4. BLM determined that the potential alternatives to the proposed action were the same as those presented and rejected in previous EAs. Id. ("There are no unique circumstances, concerns, interests or resource values that would suggest a need for other action alternatives."). The draft DNA also specifically incorporated by reference the environmental effects identified and analyzed by the 2012 EA. Id. at 6.
The Bureau presented the draft DNA to the public for a 30–day comment period, and received eight comments—widely ranging in their degree of support—from state and local governments, individuals, and organizations, including Plaintiff. Pl.'s MPI, Ex. B ("2016 DNA") at 10. Utah's Public Lands Policy Coordinating Office, for example, urged BLM to expand the removal of excess horses "to avoid degradation of public rangelands" and questioned the effectiveness of PZP as a contraceptive. Id. at 51. Plaintiff voiced different concerns: It criticized BLM for failing to conduct a new analysis of environmental effects, review recent studies on PZP treatment, and consider the potential impact of the gather on golden eagles nesting in the gather area. Id. at 58–65. BLM responded to the comments, revising the DNA to address any potential impacts on golden eagle activity and proposing a slightly larger gather and removal of horses, as far as the budget allowed. See id. at 51–65 (BLM's responses to the comments). In December 2016, BLM issued the final DNA, accompanied by an appealable Decision Record, which authorized gathering 600–700 horses, removing 200–300 horses, and treating with PZP any mare above a year old in the group of 400 horses (i.e., roughly 200 horses) that would be returned to the HMA. Pl.'s MPI, Ex. A ("2016 Decision Record") at 2.
On January 20, 2017, six weeks after BLM issued its final decision authorizing the gather, Friends of Animals filed suit against BLM. A week later, it filed a Motion for a Preliminary Injunction to halt the gather, which is scheduled to begin on February 8, 2017. Alternatively, Plaintiff requests that the Court delay the gather for 30 days while deciding the present motion. The practical effect of a 30–day delay, however, would be to push back the gather by at least five months because BLM policy prohibits gathers during peak foaling season, which spans from March to July. The Court held a telephonic conference on January 30, 2017, in which it discussed with the parties the possibility of postponing the gather to allow for more thorough briefing and consideration of the issues. Given the proximity to foaling season, BLM declined to postpone the operation, and the Court set an expedited briefing schedule. Neither party has requested a hearing.
II. Standard of Review
A preliminary injunction is "an extraordinary remedy never awarded as of right." Winter v. Nat. Res. Def. Council, 555 U.S. 7, 24, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). In order to obtain a preliminary injunction to prevent BLM from conducting its planned gather, Plaintiff must establish that it is "likely to succeed on the merits, that [it is] likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in [its] favor, and that an injunction is in the public interest." Id. at 20, 129 S.Ct. 365. The D.C. Circuit has indicated that, even after the Supreme Court's decision in Winter, "[a] district court must balance the strength of a plaintiff's arguments in each of the four elements when deciding whether to grant a preliminary injunction." Mills v. District of Columbia, 571 F.3d 1304, 1308 (D.C. Cir. 2009). Nonetheless, "it is especially important for the movant to demonstrate a likelihood of success on the merits." Nat'l Head Start Ass'n v. U.S. Dep't of Health & Human Servs., 297 F.Supp.2d 242, 246 (D.D.C. 2004) (citing Davenport v. Int'l Bhd. of Teamsters, 166 F.3d 356, 360, 366 (D.C. Cir. 1999)).
III. Analysis
A. Likelihood of Success on the Merits
Friends of Animals challenges the Bureau's 2016 Decision on three main grounds. First, it argues that BLM's action is not grounded on a recognized NEPA document—such as an EA, FONSI, or EIS—and that it should be. See Pl.'s MPI 12–18. Relatedly, Plaintiff contends that neither the DNA, nor any of the prior NEPA documents that it incorporates, adequately accounts for recent scientific literature on the effects of PZP treatment on mares—particularly the impact of consecutive PZP injections. Id. at 19–20. Second, pointing to language in prior EAs indicating that future removal actions will be justified by "appropriate" NEPA documentation, Plaintiff insists that BLM has failed "to honor [those] affirmative commitments" by authorizing the impending gather without an additional EA. Id. at 20–21. Finally, in addition to the above purported NEPA violations, Plaintiff asserts a violation of the Wild Horses Act: It argues that BLM failed to make a proper "excess" population determination before authorizing the removal, as required by the Act.
All of the above claims are governed by the Administrative Procedure Act ("APA"), under which a court may "hold unlawful and set aside agency action, findings, and conclusions" that are "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." 5 U.S.C. § 706(2)(A). Under that deferential standard, an agency's decisions are reversible if the Court determines that the agency "has relied on factors which Congress had not intended it to consider, entirely failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or is so implausible that it could not be ascribed to a difference in view or the product of agency expertise." Nat'l Ass'n of Home Builders v. Defs. of Wildlife, 551 U.S. 644, 658, 127 S.Ct. 2518, 168 L.Ed.2d 467 (2007) (quoting Motor Vehicle Mfrs. Ass'n of United States, Inc. v. State Farm Mut. Automobile Ins. Co., 463 U.S. 29, 43, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983)). Under some circumstances, agency decisions are also reversible upon a finding of procedural error. See 5 U.S.C. § 706(2)(D) (permitting reversal where an agency action was taken "without observance of procedure required by law").
1. Whether Prior EAs Sufficiently Analyzed the Effects of the Planned Gather
NEPA's implementing regulations allow agencies to support an action with an existing environmental analysis as long as the agency (1) "prepared [the existing analysis] pursuant to NEPA and the Council on Environmental Quality regulations" and (2) "determines, with appropriate supporting documentation, that [the analysis] adequately assesses the environmental effects of the proposed action and reasonable alternatives." 43 C.F.R. § 46.120(c). In determining whether an existing analysis covers a proposed action, the agency must ensure that "new circumstances, new information or changes in the action or its impacts not previously analyzed [do not] result in significantly different environmental effects." Id. (emphasis added). The governing statute and accompanying regulations, however, do not require such a determination to carry a NEPA-approved label. Rather, courts have generally upheld an agency's reliance on prior EAs when "no new information or circumstances ... convey[ ] a different picture of the affected environment." Colorado Wild Horse v. Jewell, 130 F.Supp.3d 205, 218 (D.D.C. 2015) (quoting S. Utah Wilderness All., 457 F.Supp.2d at 1261–62) (internal quotation marks omitted); see also Friends of Animals v. BLM, 2015 WL 803169, at *4 (D. Utah Feb. 26, 2015).
The gather proposed here, along with its supporting "Determination of NEPA Adequacy," likely checks these boxes. BLM's DNA concluded that the proposed gather was "essentially similar to" previous ones because the capture method is the same and "there have been no changes to the HMA boundary, HMA AML or use of PZP–22 since the preparation of the previous EAs." 2016 DNA at 3–4. It further confirmed that the range of alternatives analyzed in the previous EAs remained appropriate because "no unique circumstances, concerns, interests, or resource values ... suggest a need for other action alternatives." Id. at 4. And finally, the Bureau considered new information related to health standards, endangered species, and other potentially affected animals, and found nothing substantially changed the analysis of the proposed action. Id. In fact, "the changes that have occurred since [the 2008 and 2012 gathers]—including the continued increase in the wild horse population, the accompanying increases in demand on rangeland resources, etc.—were both anticipated and discussed in the [previous] EAs." Friends of Animals, 2015 WL 803169, at *4.
Plaintiff argues that BLM's reliance on the prior EAs was arbitrary and capricious because the proposed gather is larger than the past ones. This argument falters for two reasons. First, BLM currently recommends gathering between 600 and 700 horses, removing 200 to 300, and releasing 400 back into the HMA. In 2008, by comparison, BLM planned to capture 573 horses, remove 447, and release 126. While the action proposed here would gather 25 to 125 more horses than in 2008, the number of horses that would be permanently removed is at least 150 less than in 2008. The overall number of horses involved in the proposed action is therefore generally consistent with the 2008 gather. Cf. Friends of Animals v. BLM, 2015 WL 555980, at *3 (D. Nev. Feb. 11, 2015) (finding BLM inappropriately relied on a past EA when the proposed gather would both capture 130 more horses and remove 150 more horses than the previous one). Second, while the Court agrees with Plaintiff that widely expansive agency actions should not be supported by narrow EAs, it hesitates to second-guess BLM's reasoned judgment that gathering 25 or 125 more horses—using the same capture and PZP treatment methods, from the same area, and with the same AML target range as in previous gathers—would not result in "significantly different environmental effects." 43 C.F.R. § 46.120. "The NEPA process involves an almost endless series of judgment calls [and] [t]he line-drawing decisions necessitated by this fact of life are vested in the agencies, not the courts." Coal. On Sensible Transp. v. Dole, 826 F.2d 60, 66 (D.C. Cir. 1987).
Plaintiff also argues that BLM was arbitrary and capricious in failing to adequately address new information, in the form of several recent studies on the effects of PZP treatment on horses. Agencies, however, are not required to supplement their analysis by addressing every study brought to their attention, only those that show the proposed action would "affec[t] the quality of the human environment in a significant manner or to a significant extent not already considered ...." Marsh v. Oregon Nat. Res. Council, 490 U.S. 360, 374, 109 S.Ct. 1851, 104 L.Ed.2d 377 (1989) (citing 42 U.S.C. § 4332(2)(C)) (internal quotation marks omitted). And where "analysis of the relevant documents requires a high level of technical expertise, [courts] must defer to the informed discretion of the responsible federal agencies." Id. at 377, 109 S.Ct. 1851 (internal quotations marks and citation omitted).
BLM considered the studies offered by Plaintiff in its comments and determined that they did not significantly change BLM's prior analysis. The Bureau found studies on consecutive years of PZP treatment, for example, irrelevant to the proposed action because Cedar Mountain mares are treated in four- to five-year intervals, not in consecutive years or breeding cycles.3 See Def.'s Opp'n Pl.'s MPI ("Opp'n") 18. In addition, Plaintiff presented a 2014 study which concluded that PZP-treated mares are more likely to change bands. BLM considered similar findings—from an older study by the same author—in its 2012 EA. 2012 Decision and EA at 39. Citing that study, BLM acknowledged that the long-term effects of PZP treatment were unknown, but concluded that PZP treatment was still the best alternative. Id. And in its 2016 DNA, BLM drew on a 2013 National Research Council report that found that "harem changing was not likely to result in serious adverse effects for treated mares[.]" 2016 DNA at 6. The information within the 2014 study offered by Plaintiff, therefore, was neither new nor contrary to BLM's analysis. The 2013 National Research Council report, cited by BLM in its DNA, also evaluated studies on how PZP treatment affected mares' birthing cycles and out-of-season births, but indicated that the impact might not be statistically significant. Given these reasoned determinations, the Court concludes that BLM most likely acted within its informed discretion in refusing to find that the "new information" offered by Plaintiff warranted additional environmental analysis.
2. Whether BLM Violated "Affirmative Commitments" Stated in Prior EAs
As a final alleged instance of NEPA noncompliance, Plaintiff argues that BLM violated certain "binding commitments [the Bureau] made to the public in its [previous] decision records" by failing to conduct an EA for the impending gather. Pl.'s MPI 21. Plaintiff identifies two examples of these supposedly unkept promises. First, in a paragraph of its 2003 EA discussing the potential long-term impact of gathers on "[n]eotropical birds and other wildlife species," BLM noted that "[s]ite-specific analysis for future actions would be addressed in NEPA documents specific to the actions to be taken." 2003 Decision and EA at 31. Second, in its 2012 FONSI, the Bureau stated:
The action is compatible with future consideration of actions required to improve wild horse management in conjunction with meeting objectives for wildlife habitat within the herd management areas. The selected alternative does not set a precedent for future actions. Future actions would be subject to evaluation through the appropriate level of NEPA documentation.
2012 Decision and EA at 10. Plaintiff argues that these "commitments" were issued "in accordance with the agency's own directives to prepare site-specific NEPA analysis for each roundup." Pl.'s MPI 21 (citing BLM Manual 4720.2.21). In short, Plaintiff's argument rests on the premise that BLM has committed itself—either in past decisions or in Bureau guidance—to issuing an EA, or some other document formally identified in NEPA regulations, for every individual gather.
Plaintiff reads too much into BLM's guidance and prior statements. The Bureau's guidance—far from indicating that an EA or other formally recognized NEPA document should be created for every gather—actually encourages its officials to "use existing environmental analyses to analyze effects associated with a proposed action" in order to "avoid redundancy." BLM, NEPA Handbook, H–1790–1 at 21. That is why BLM has given its officials the option of completing a DNA when "an action is adequately analyzed in existing NEPA document(s) [.]" Id. at 22. And there is no special exception for wild horse removals: The Bureau's manual on removals cited by Plaintiff cross-references the BLM NEPA Handbook, which among other things, details the Bureau's DNA protocol. See BLM Manual 4720.3 (citing BLM Handbook H–1790–1). In that context, it is clear that BLM's past statements—that some "appropriate level" of NEPA analysis would be conducted for future actions—refer not only to formal NEPA documentation, but also to DNAs ("determinations of NEPA adequacy"). By completing a DNA for the proposed gather, then, it appears that BLM has acted consistently with its past pronouncements and with its own policy. It appears not to have "violated" any affirmative commitments.
3. Whether BLM Failed to Make a Proper "Excess" Population Determination
In addition to alleging that BLM violated NEPA, Plaintiff contends that the Bureau violated the Wild Horses Act by failing to make an "excess" population determination, as required by the statute. See Pl.'s MPI 22–23; 16 U.S.C. § 1333(b)(2) (directing the Secretary of the Interior to "immediately remove excess animals from the range ... so as to restore a thriving natural ecological balance to the range, and protect the range from the deterioration associated with overpopulation[.]" (emphasis added)). Plaintiff also asserts that, even if there was an excess determination, BLM did not "properly account[ ] for current range conditions," "current herd size," and "the wild horse population's role in maintaining a thriving ecological balance therein." Pl.'s MPI 23.
But these assertions cannot be squared with the record. In rendering its final decision, BLM clearly explained that the planned "gather is necessary to remove excess wild horses and to reduce the population in order to achieve and maintain a thriving natural ecological balance between wild horses and other multiple uses as required under [the Wild Horses Act.]" 2016 Decision Record at 4 (emphasis added). Furthermore, the decision's accompanying DNA makes plain that the excess population determination was based on an assessment of current herd size and relevant ecological conditions. BLM's excess determination was made by reference to the AML for the Cedar Mountain herd management area. See 2016 DNA at 4–5. That AML was established in 2003 at between 190 and 390 horses, see 2003 Decision and EA, after a thorough EA that assessed the impact of the herd size on the area's soils, vegetation, wildlife, and cultural and historical resources, among other topics. See generally 2003 Decision and EA.4 BLM compared the AML to the herd's actual population, which was calculated to be 800 horses strong in March 2016 based on an aerial survey, and was estimated to have risen (based on a predicted 20% increase due to 2016 foal births) to approximately 960 horses by the time of the final decision in December 2016. See 2016 DNA at 5–6. Clearly, if the high end of a population's sustainable range is 390, and there are over 900 horses in the current population, then there is an "excess" population, which the Secretary must correct. In other words, contrary to Plaintiff's assertions, not only did BLM make an "excess" determination, but the logic underpinning that determination appears simple and sound.
Separately, Plaintiff argues that "BLM intends to apply PZP to wild horses that are not considered 'excess,' " and that "absent an 'excess determination' BLM does not have authority to target these wild horses." Pl.'s MPI 23. This argument is a nonstarter, for at least two reasons. First, the roughly 200 mares who will be subject to PZP treatment are indeed "excess" according to the above math (even after 200–300 horses are permanently removed). Second, Plaintiff has not established that BLM must make an excess determination before treating horses with PZP. The one case it cites on the matter, Colorado Wild Horse & Burro Coal., Inc. v. Salazar, 639 F.Supp.2d 87 (D.D.C. 2009), addresses excess determinations only in the context of removal, not other forms of population management. See id. at 95–96. For these reasons, BLM's decision to administer PZP to roughly 200 horses does not appear to be out of step with any statutory or regulatory requirements.
To summarize, it is likely that BLM properly determined that there were excess horses in the Cedar Mountain HMA, and its decision to remove or otherwise manage that excess population does not appear to be in violation of the Wild Horses Act.
For the foregoing reasons, it is unlikely that Plaintiff will succeed on the merits of its claim. The Court will now turn to the remaining preliminary injunction requirements.
B. Irreparable Harm
An injunction is appropriate only if the applicant has demonstrated irreparable harm—that is, the inadequacy of legal remedies. Sierra Club v. U.S. Army Corps of Eng'rs, 990 F.Supp.2d 9, 38 (D.D.C. 2013). "The party seeking injunctive relief must demonstrate that the claimed injury is 'both certain and great.' " Id. at 38–39 (quoting Wis. Gas Co. v. Fed. Energy Reg. Comm'n, 758 F.2d 669, 674 (D.C. Cir. 1985)). The moving party must also "show that '[t]he injury complained of [is] of such imminence that there is a 'clear and present' need for equitable relief to prevent irreparable harm.' " Wis. Gas Co., 758 F.2d at 674 (quoting Ashland Oil, Inc. v. FTC, 409 F.Supp. 297, 307 (D.D.C. 1976)). And a plaintiff must present the Court with enough evidence to "substantiat[e]" their claim of irreparable injury. Wis. Gas Co., 758 F.2d at 674.
Plaintiff identifies four ways in which it might suffer irreparable harm in the absence of a preliminary injunction. First, Plaintiff maintains that "the permanent loss of 200–300 herd members from the HMA will cause [it] irreparable aesthetic injury due to its members' personal and professional interests in observing, studying, and photographing the horses of the Cedar Mountain herd." Pl.'s MPI 28. In support, Plaintiff attaches a declaration from one of its members, who has "photograph[ed] the Cedar Mountain horses extensively over the past years[,] ... prid[ing] himself on his ability to observe wild horses at close range." Id. at 29; see generally Pl.'s MPI, Steele Decl.
As discussed above, however, BLM proposes to remove no more than 300 horses from an estimated herd population of over 900. See Def.'s Opp'n, Ex. 3 ("Warr Decl.") ¶ 19 ("It is estimated that several hundred horses will remain on the HMA at the completion of the gather [plus those that are to be returned.]"). Even after a removal of that size, the remaining population would be larger than that existing prior to the 2012 removal. See 2016 DNA at 6. Accordingly, as this Court has previously found under similar circumstances, "a sufficient number of horses would likely remain in [the] area ... to satisfy Plaintiff['s] interest in observing and enjoying the wild-horse population[.]" Colorado Wild Horse, 130 F.Supp.3d at 219; see also Am. Horse Prot. Ass'n, Inc. v. Frizzell, 403 F.Supp. 1206, 1219 (D. Nev. 1975) (noting that plaintiffs' interest in having wild horses available for observation would "not be affected adversely in any significant way" if BLM removed 400 of between 1,000 and 1,200 wild horses). Furthermore, given an estimated annual growth rate of 20%, the population will have returned to its current, pre-removal level within a few years. See 2016 DNA at 6. Finally, as BLM stresses, the whole "reason for the gather is to ensure the long[-]term sustainability of the horses, thereby ensuring [the] ability to photograph [and view] them for years to come." Def.'s Opp'n 22.
Plaintiff cites a number of cases for the proposition that a mere decrease in an animal population is sufficient to constitute irreparable harm under the preliminary injunction analysis. See Pl.'s MPI 24–25. As BLM notes, however, those cases mostly address Article III standing, not the irreparable harm requirement. See Def.'s Opp'n 22. Plaintiff characterizes this distinction as a "red herring," seeing no reason "why an injury that is sufficient to confer standing should be treated as insufficient to carry a burden of irreparable harm." Pl.'s Reply Supp. MPI ("Reply") 11. But there is a wide and apparent gap between the two standards. Article III standing may be present for even slight (and reparable) injuries. See, e.g., Whitmore v. Arkansas, 495 U.S. 149, 155, 110 S.Ct. 1717, 109 L.Ed.2d 135 (1990) (describing Article III's "injury in fact" component as requiring only "concrete," "distinct," and "actual" harm). Irreparable harm, by contrast, must be both "certain and great." Wis. Gas Co., 758 F.2d at 674.5
As a second source of irreparable harm, Plaintiff claims that, because its members have "intimate connection[s]" with the horses, "[t]he witnessing, or even the contemplation, of this inhumane treatment of the wild horses will inflict aesthetic and emotional injury upon Plaintiff and its members[.]" Pl.'s MPI 28. Although the Court does not question the sincerity or depth of the emotional connection that Plaintiff's members feel with the Cedar Mountain horses, Plaintiff's "reliance on emotional distress as a form of irreparable injury is misplaced" under these circumstances. Colorado Wild Horse, 130 F.Supp.3d at 220. Such vicarious emotional distress might qualify as irreparable harm where the challenged defendant is taking action that could kill (or seriously injure) significant numbers of animals. See Fund for Animals v. Norton, 281 F.Supp.2d 209, 222 (D.D.C. 2003) (describing the harm that plaintiffs would experience from contemplating the killing of 525 mute swans); Fund for Animals v. Clark, 27 F.Supp.2d 8, 14 (D.D.C. 1998) (describing the harm that plaintiffs would experience from "seeing or contemplating ... bison being killed in an organized hunt"). Here, though, BLM does not intend to eradicate any healthy animals. Moreover, the history of past gathers suggests that the risk of serious physical harm to the wild horses is quite low.6 Therefore, Plaintiff's observation or contemplation of the possible—though unlikely—physical harm that the horses may suffer does not rise to the level of a "certain and great" irreparable injury. Wis. Gas Co., 758 F.2d at 674
Plaintiff offers two other potentially irreparable harms that may be addressed briefly. It suggests that the PZP treatments "may injure the health of the horses or alter their behavior, [thus] impairing [P]laintiff's ability to study and observe the wild horses." Pl.'s MPI 29–30. But as discussed above, the claim that PZP as used here has long-term, adverse effects on the health of horses is unsubstantiated by scientific literature, and Plaintiff points only to the declaration of its photographer-member to support it. Finally, Plaintiff suggests that BLM's alleged procedural violation of NEPA is an irreparable harm, id. at 30–32, or at least "bolster[s]" its claims of aesthetic and emotional harm, Pl.'s Reply 15. But a "procedural harm arising from a NEPA violation is insufficient, standing alone, to constitute irreparable harm justifying issuance of a preliminary injunction." Norton, 281 F.Supp.2d at 222. And as discussed in the above merits analysis, the Court finds it unlikely that Plaintiff has indeed identified any actual NEPA violations. For that reason alone, the procedural harm Plaintiff alleges does not make irreparable injury any more likely.
No matter the ultimate result of this proceeding, Plaintiff and its members will likely continue to enjoy ample ability to view and photograph wild horses in the Cedar Mountain HMA. For that reason and the others described above, the Court concludes that Plaintiff has not met its burden to demonstrate a likelihood of irreparable injury.7
C. Balance of Equities and the Public Interest
A party seeking a preliminary injunction must demonstrate both "that the balance of equities tips in [its] favor, and that an injunction is in the public interest." Winter, 555 U.S. at 20, 129 S.Ct. 365. "These factors merge when the Government is the opposing party." Nken v. Holder, 556 U.S. 418, 435, 129 S.Ct. 1749, 173 L.Ed.2d 550 (2009).
Plaintiff contends that it will suffer irreparable injury as described above, that the public has a general interest in compliance with the law by public officials, and that any harm to BLM from a delay will be minimal to nonexistent. See Pl's. MPI 32–34. In Plaintiff's view, delaying the gather would be a mere "minor annoyance" to the Bureau. Id. at 33. Plaintiff also suggests that it would be of no consequence to the horses or the range ecosystem to postpone the gather, seeing as there has not been a removal in the Cedar Mountain HMA for five years. Id.
These arguments significantly understate the harms that BLM has identified, both to the public and the Bureau itself, should the Court postpone the gather. BLM has offered evidence that if the Cedar Mountain horse population is not soon checked, "[it] will grow and consume natural resources, leading to further deterioration of the range." Defs.' Opp'n 25 (citing Warr Decl. ¶ 24). The Bureau has a policy of prohibiting helicopter gathers during the horse "foaling period," which runs from March 1 to June 30, meaning that if the February gather is even minimally delayed, the soonest it can occur is in July of this year. Warr Decl. ¶ 17.8 By then "an additional 150–200 horses would be on the range," nearly the same number of horses that BLM intends to permanently remove during the planned gather. Id. According to an expert declaration submitted by BLM, that increased population would place ecological stress on the range. Id. ¶¶ 8–9, 17; see also Blake v. Babbitt, 837 F.Supp. 458, 459 (D.D.C. 1993) ("[T]he endangered and rapidly deteriorating range cannot wait."). Perhaps even more to the point, it would negatively impact the health of the horses themselves, particularly due to the scarcity of water resources during the summer months. Warr Decl. ¶ 9 (describing the negative effects of water shortages on the body condition of wild horses).
Harm to the horses would, in turn, likely mean harm to BLM. Every summer since 2000, the Bureau has devoted considerable resources to "water hauling" in the Cedar Mountain range. Id. For instance, last summer, the Bureau lugged 81,000 gallons of water into the area. Id. With a swelling horse population—hundreds larger than last year's—BLM's water hauling expenditures this summer would also increase without the benefit of a gather. And that would not be the only source of financial harm to BLM if the gather were blocked. The Bureau explains that a "significant amount of time has already been expended with BLM contracting staff to solicit [bids from horse gather contractors], defin[e] gather parameters ... and [award contracts]" for the gather. Id. ¶ 21. All told, gather preparation entails "months of planning and coordination involving dozens of personnel inside and outside of BLM." Id. To the extent such time and funds could not be applied to a subsequent gather, those resources would be lost.
Plaintiff does not usher any evidence undermining the factual validity of these claims. Rather, it opines that the cost of water hauling may not "outweigh the costs associated with feeding and caring for [the removed] horses when they are held in captivity," and that "the reduced [horse] population [may not] appreciably reduce the cost of this [water] haul at all." Pl.'s Reply 18. Again without citing evidence, Plaintiff also asserts that, because "[u]nweaned foals depend on their mothers for nutrition," the added foal population "will not increase the herd's burden on the range's resources." Id. at 19. While these assertions could prove to be accurate, such "unsubstantiated and speculative allegations" cannot satisfy Plaintiff's evidentiary burden in moving for an injunction. Wis. Gas Co., 758 F.2d at 674.
Finally, Plaintiff contends that its irreparable injury and the public's interest in having public officials comply with the law tip the scales in its favor. See Pl.'s MPI 32. As the Court has already observed, however, any legally cognizable injury that Plaintiff would suffer as a result of the planned gather would be minimal. And the Court has also found that Plaintiff is unlikely to demonstrate that BLM has violated either the Wild Horses Act or NEPA, meaning that a preliminary injunction would likely have no effect on public officials' compliance with the law. As a result, the equities on Plaintiff's side appear slight, especially when compared with the public's interest in allowing BLM to carry out its mandate of "manag[ing] wild free-roaming horses" so as to "achieve and maintain a thriving natural ecological balance on the public lands." 16 U.S.C. § 1333.
In short, because BLM has established that delaying the gather would have considerable financial and logistical repercussions, and would risk damaging not only the range ecosystem but the very horse population that Plaintiff seeks to protect, the Court finds that the balance of equities and the public interest favor BLM.
For the foregoing reasons, the Court concludes that Plaintiff has not met its burden to establish each of the factors required to obtain a preliminary injunction of BLM's planned gather. The Court will therefore deny Plaintiff's Motion for a Preliminary Injunction. An appropriate Order accompanies this Memorandum Opinion.
1 Throughout the opinion, the Court will cite page numbers from Plaintiff's exhibits by reference to the Bates stamp in the upper left-hand corner of the relevant page, with the preceding zeros removed.
2 "The overriding limiting factor for the carrying capacity of the horses in the Cedar Mountains is not the available forage, but the supply of reliable water." 2003 Decision and EA at 26.
3 At a maximum, 59 mares could be treated with PZP three times over a nine-year period. No mare has ever been treated in consecutive years. See 2016 DNA at 5.
4 In its Reply, Plaintiff faults BLM for failing to comply with certain language in the Wild Horses Act, see 16 U.S.C. § 1333(a) (requiring consultations with independent scientific professionals), and in a Bureau handbook, see Wild Horses and Burros Management Handbook, H–4700–1 at 19 (2010) (requiring an analysis of various ecological information such as climate data and "range conditions" in making an excess population determination). See Pl.'s Reply Supp. MPI ("Reply") 8–9. But Plaintiff does not contest that BLM engaged in this analysis in its prior EAs. Accordingly, to the extent these arguments are not waived as a result of being raised initially in Plaintiff's Reply, they dovetail with Plaintiff's challenges to the adequacy of BLM's prior NEPA analysis, which are addressed above.
5 Plaintiff does cite a few cases finding irreparable harm from a diminished—but not eradicated—protected animal population. See Pl.'s MPI 24–25; Pl.'s Reply 12–13 (citing Funds for Animals v. Norton, 281 F.Supp.2d 209 (D.D.C. 2003); Fund for Animals v. Clark, 27 F.Supp.2d 8 (D.D.C. 1998); and Sierra Club v. Martin, 933 F.Supp. 1559 (N.D. Ga. 1996), rev'd on other grounds 110 F.3d 1551 (11th Cir. 1997)). But two of those cases primarily grounded their finding of irreparable harm on the emotional distress that the plaintiffs would experience in witnessing or contemplating the killing or severe injuring of the affected animals—not on the mere disruption of their viewing and observation opportunities. See Norton, 281 F.Supp.2d at 219–22; Clark, 27 F.Supp.2d at 14. As discussed further below, there is no similar intent to eradicate or seriously harm animals here. The third cited case is also distinguishable, because it also involved the killing of animals in large numbers, and because its decision was grounded in the text of the Migratory Bird Treaty Act, which "proscribes any killing of any migratory bird." Martin, 933 F.Supp. at 1571.
6 See Colorado Wild Horse, 130 F.Supp.3d at 220 (citing hearing testimony from BLM to the effect that horse gather mortality rates are typically "about 1 percent and less"); Final Status Report, Colorado Wild Horse v. Jewell, No. 15–cv–1454, Sept. 25, 2015, ECF No. 34 (reporting two deaths resulting from a 167–horse gather). Notwithstanding this prior history, the Court will, consistent with past practice, order BLM to file daily status reports summarizing the results of the gather, including any deaths or serious injuries to the horses.
7 Defendants also argue that Plaintiff's delay in bringing their motion undermines its claim that emergency relief is necessary. Def.'s Opp'n 10–12. The Court is indeed troubled by the delay, which appears to follow a pattern of eleventh-hour injunction requests in connection with long-planned wild-horse gathers, see, e.g., Colorado Wild Horse, 130 F.Supp.3d at 218 n.8 (42–day delay in moving for emergency relief); Habitat for Horses v. Salazar, 745 F.Supp.2d 438, 449 (S.D.N.Y. 2010) (30–day delay in bringing suit). As discussed above, the proposed gather was published on BLM's website in June 2016; was followed by a public comment period (in which Plaintiff participated) in September and October; and was finalized as a decision on December 9, 2016. Plaintiff brought this action on January 20, 2017, and moved for an injunction on January 27, a full seven weeks after the final gather decision was issued (and less than two weeks before the gather's scheduled commencement). Nevertheless, because the Court concludes that Plaintiff has not otherwise established irreparable harm, it need not decide the extent to which Plaintiff's delay in moving for an injunction weakens their claimed necessity for emergency relief.
8 In the event of a postponement, BLM indicates that the rescheduled date for the gather would likely be even later than July 2017, since "BLM has other gathers planned for summer and fall of 2017, [such that] its resources are already committed." Warr Decl. ¶ 22.


text:
LARGE PUFOS
GREAT PLAYERS
HISTORY OF THE WORLDWIDE
RETRO SOCCER
Nilton Santos, the "encyclopedia" football
Julio Muñoz
Nilton Santos, advanced to his time.
If you look at our slogan cover can be seen that it is the inscription "Football Encyclopedia". A name that mentions the wide and varied theme that about the beautiful game you can see in Colgados for football. The above phrase chosen in his day and consolidated over time is no more than a nod to the best left back in football history, Nilton Santos.
A Brazilian defender, He born in the ever crowded neighborhood of Botafogo (Rio de Janeiro), which was called the "Football Encyclopedia" for its spectacular Balompédica knowledge of the world in all its aspects. Either story, tactic, Technical domino or any other aspect that had to do with 22 men on a field. Regrettably, that "encyclopedia" no longer exists and will not open again but it would be grossly unfair not remember what it contained and how much contributed to football.
Nilton Santos won four Campeonato Carioca with Botafogo.
Nilton Santos was born in 1925 and entering the football field was rather casual. Being in the military service, an officer of the Brazilian air force caught his talent and enormous zancado and convinced him to join the ranks of Botafogo. No one ever advised Nilton so well as he did that officer. His entry into the set was a success and the beginning of a long and successful career carioca club which lasted until 1964, Sixteen years after signing his first match in the first team.
16 full years of triumphs, titles and trace. Because footprint was what he left Nilton career in those years. Santos was not a side more, It was an innovative carrilero defending any defense, but he had the habit of climbing over the odds for what was then understood I had to do an advocate. A phrase that repression marked as lived in their field plot barely able to cross the dividing line of the midfield: ""The side now do not envy the fame or money but freedom. Now they can attack, all attack, That is the legacy that I have left".
A perfect summary for a man T-shirt donned in canarinha 1949 and he enjoyed the best and worst of being a player in Brazil. Witness the cruel "Maracanazo", but nevertheless, was the architect alongside other greats like Djalma Santos (another pioneer side get forward), Skin or inseparable Garrincha the first World achieved by the Brazilian team, the Swedish 58 and subsequently, the second, in Chile 62, which also he left a masterpiece in his match against Spain.
Competitor in four World, chosen by FIFA in the year 2000 the best left side of history, at the Olympic Stadium João Havelange, Rio de Janeiro stands a statue in his honor. Just reward for a tireless player able to cover the whole field again and again a 27 November 2013 to the 88 years left us forever 729 parties in the ranks of Botafogo and 75 encounters with Brazil, his two great loves of his sporting life, under his belt.
A statue of Nilton Santos stands at the Olympic Stadium in Rio de Janeiro.
Ivan Zamorano, one of the best players in the history of Chile
João Saldanha was the creator of Brazil 70
Uruguay win against Bolivia, Messi stronger with Argentina
Garrincha, the best dribbler in history
Carlos Caszely came to Levante in the style of film Paco Martinez Soria
Roberto "Condor" Rojas, waiting for a liver transplant
The origins of football
Barca will pay the 100 million rescission clause Griezmann
Large pufos of the Spanish League: Richard Núñez
Five of the best left-handed side of the history of the League
Colgadosporelfutbol.com was present at the awards ceremony of lasprovincias.es
Koeman finds his way home
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El Loco Bielsa continues to surprise with a new life lesson
"I thought Cruyff made me to bullying"
The five greatest miracles of football history
The nicknames of the players
The best players in the history of Levante
Five things that leaves the group stage of the Champions 2015/16
Red dress, synonymous with success
Journalist, specialist in international football and retro. I write in Colgadosporelfutbol.com and you can follow me at @ juliomv1982
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How to Choose an Assisted Living Facility
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Caregiver Burnout
3 Assisted Living Facilities in Jacksonville, NC
Family-oriented seniors love Jacksonville, NC for its child-friendly attractions like the Lynwood Park Zoo and the many children's and maritime museums. To help seniors in Jacksonville find the assisted living community that's right for their family, we've researched and compiled in-depth information about the cost of care, how to pay for care, and important local laws and regulations involving senior care and assisted living.
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Lighthouse Village
182 Village Dr, Jacksonville, NC 28546
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Assisted Living costs in Jacksonville start around $0 per month on average, while the nationwide average cost of assisted living is $4,000 per month, according to the latest figures from Genworth's Cost of Care Survey.
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Jacksonville-area assisted living communities must adhere to the comprehensive set of state laws and regulations that all assisted living communities in North Carolina are required to follow. Visit our Assisted Living in North Carolina page for more information about these laws.
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My grandmother is in Liberty Commons of Onslow. We had a really good experience there, but in the last few years it really changed. They had a little beauty shop and courtyards, but they don't have... Read more
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Lighthouse Village is an older place. They don't have bathrooms in the rooms. They have community-type bathrooms and showers. The residents are super friendly. As soon as I went in the front door, ... Read more
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At the Computex 2011 show, Asus has announced its new X101 MeeGo-based netbook. It is only 17,9 mm thick and weighs 950 grams. It comes with the MeeGo Netbook operating system preinstalled on 80 GB SSD, and a Windows version is also planned (on a 250 GB hard disk). X101 has a 10.1" display of 1024x768 resolution, WLAN b/g/n, Intel Atom N435 1.33 GHz processor and 1 GB of DDR3 RAM. It offers two USB 2.0 ports and an SD card reader, and the battery (2600 mAh, 28 Wh) will offer 10+ hours of work. The netbook will be available in white, black, brown and red colours. The MeeGo version will cost $199 and the Windows version will be $219.
* qt-x11-maemo: Fix portrait launching of qt applications, Fix QAbstractKinecticScroller rightscroll.
If you already use CSSU, you will be automatically notified about the new update. Otherwise, check here on how to install it.
Ambalco PowerPhone is a counter game in which the faster you move the phone the higher you are in the World Rating.
Tolua++ is an extended version of Tolua, a tool to integrate C/C++ code with Lua. Tolua++ includes new features oriented to C++.
KDJ-One is a portable audio workstation powered with MeeGo Handset. KDJ-ONE packs everything you need to produce music into a portable CD case sized 126x150x27mm unit, making it the world's first fully mobile DAW. Features include a powerful synthesizer, drum machine, and support for ACID format audio tracks. KDJ-ONE can also be used as a VST instrument, or a controller for other DAW software.
Long lasting lithium battery, wireless LAN support, and built-in speakers and mic ensure that you'll never have to deal with any troublesome wiring. Carry KDJ-ONE around with you and produce music anytime, anywhere.
KDJ-ONE features a powerful Intel ATOM (E640) mobile CPU and a WVGA 800x480 multi touch display. It runs the Intel MeeGo OS, and includes a web browser, Skype, and 30 games in addition to all of its music production capabilities.
KDJ-ONE is controlled smoothly and intuitively via a combination of buttons, dial, and touch panel never before seen in any hardware or software DAW.
* D-pad, 6 buttons, 3 LED lit buttons, 1 jog dial, sampling button, etc.
More information: Home page, Video presentation.
U-done by BlumSoft is an intelligent and easy-to-use to-do manager. It can help you organize your to-do lists with multiple useful functions like attaching photos, voice recordings, sketches or long text to the tasks you record into the application.
End users find and install your MeeGo app on the Intel AppUp(sm) Center just like any other app. Once installed, end users launch your app just like they would any other app on the device. Your app gets its own, dedicated UI – no web browser involved!
See this AppUp Developer Program page for more details.
Opera Software continues support of the MeeGo open source initiative with the release of a developer preview of Opera Mobile 11 for MeeGo on ARM-based devices.
Opera Mobile 11 MeeGo ARM is a generic MeeGo 1.2 build supporting ARM-based devices. Developers of MeeGo ARM devices are encouraged to download and try Opera Mobile today. The preview build has been developed and tested using MeeGo 1.2 DE for Nokia N900, and a Nokia N900 device. The Opera Mobile ARM developer preview is also confirmed to be working on MeeGo 1.2 for N900 "vanilla" edition.
Opera 11 for ARM can be downloaded from here. It is recommended to install the downloaded RPM package by running "rpm -i " as root in a terminal window.
Nokia has released an update to Qt SDK 1.1 bringing Qt Creator 2.2. The documentation and the remote compiler plugin have also been updated to work with the new Qt Creator, while the SDK Maintenance tool also had some bugs fixed. For an overview of the content and the features of the Qt SDK, please have a look at the 1.1 release post. Using the included Updater, you can get all the new goodies without having to reinstall – should you have held out until now, Forum Nokia also offers the updated installers on their Qt SDK website.
Nokia has released a technology preview of Qt 4.8. Qt 4.8 will be a release containing a lot of quality and performance improvements that were carried out during the last 12 months, such as file system performance improvements. It also includes the Qt Platform Abstraction (Lighthouse) feature, which enables easier porting of Qt into new graphics systems for third parties. Today's Technology Preview is released to get your feedback, comments and improvement ideas. The Qt 4.8 Tech Preview packages available today have been tested with Windows 7, Mac OS 10.6, Linux and Symbian^3. Targets for Qt 4.8 will be announced in due course.
Qt 4.8 beta is scheduled for release in the next few weeks and the final release candidate in the second half of 2011. These will be available through the SDK only. The Qt 4.8 Tech Preview is available now here and here.
To celebrate the MeeGo Conference, 4tiitoo have launched a challenge to develop the best looking, most innovative, awesomely conceived and wonderfully functional Qt-based app for the WeTab. Developers can choose to create apps for five categories: communication, games, entertainment, knowledge and tools. The best apps in each category will receive WeTabs, cash and merchandise prizes from Nokia, Qt and Intel. All the winning apps will be deployed in the WeTab Market. Next to that you will have the possibility to deploy your application in the Intel AppUp center in order to make sure that all users of the WeTab and other upcoming WeTab OS and MeeGo-based devices can download/purchase and use your app. Developers will retain all intellectual property ownership of their submissions. More details about the contest can be found here.
Hangman Helper by Tom D is an application to help solve hangman puzzles. You enter a word with dashes (-) indicating unknown letters, and it lets you know what words from the dictionary could be possible solutions. It also recommends letters to guess next (based on how many words each letter is in).
In case you haven't noticed, the San Francisco build of MeeGo DE (Developer Edition) for the Nokia N900 has just been made available. You can grab it from here; step-by-step instructions of various installation methods are also available there.
* 4tiitoo is working on a MeeGo 1.2 update for their WeTab tablet OS. The company has also launched The Qt WeTab App Challenge. The best apps in each category will receive WeTabs, cash and merchandise prizes from Nokia, Qt and Intel, and will be deployed in the WeTab Market and Intel AppUp Center.
* Red Flag Software, one of the biggest Chinese Linux vendors, will create a MeeGo 1.2 based Tablet OS which, similarly to other solutions, will consist of core MeeGo 1.2 code and APIs and a custom application framework and user experience. The OS will be presented next week. Red Flag Software is also going to update its existing IVI and Netbook products to MeeGo 1.2.
* An experimental version of Wayland will come out based on MeeGo 1.3 (i.e. in October) followed by a full featured release on MeeGo 1.4 in May 2012.
Today at the MeeGo Conference, 4tiitoo announced their rollout plans to integrate the MeeGo 1.2 common code base on the WeTab. WeTab's operating system, the WeTab OS, incorporates a user experience built by 4tiitoo using MeeGo user interface (UI) for tablet and touch enabled computing platforms.
"The integration of MeeGo v1.2 constitutes another milestone in the development of the WeTab", Stephan Odörfer, CTO of 4tiitoo AG, says. "With its open system architecture the WeTab offers not only an alternative to closed systems but also proves by its constant advancements the adaption to market developments and needs". With its innovative user interface the WeTab OS allows a simple and intuitive use for everybody – with or without previous knowledge in computer education.
Since May the WeTab supports seven languages: German, English, Dutch, Spanish, Italian, Russian and French. "MeeGo continues to gain momentum as evidenced by 4tiitoo's commitment, says Ram Peddibhotla, director System Software Marketing, Software and Services Group, Intel. "The MeeGo software platform gives developers a faster and easy way to deliver intuitive and compelling user experiences." MeeGo provides an operating system framework optimized for Intel Atom processor-based devices across platforms, including netbooks, tablets, in-vehicle infotainment system, handhelds and more.
Linpus have announced their plans to upgrade both their MeeGo-based Linpus Lite Tablet Edition and Linpus Lite NetBook Edition solutions to the latest MeeGo 1.2 release. Similarly to WeTab, Linpus operating system (licensed by Acer, Fujitsu and Lenovo) runs on top of the core MeeGo OS and APIs with Linpus' own user experience.
The MeeGo Conference, held on May 23th-25th at the Hyatt Hotel in San Francisco, has just started. The official website of the Conference is here, and the full session schedule (more than 100 sessions) can be found here. Stay tuned for the most important news as they emerge.
Sudokumaster is a Sudoku mobile game developed with Qt Quick. The game is a logic-based, combinatorial number-placement puzzle with nine 3x3 grids each containing all the digits from 1 to 9. In the beginning only some of the numbers are placed in the grids and the player needs to figure out the correct positions for the missing numbers. Freeware, QML coding example from Forum Nokia.
According to the recent news from multiple sources, there will be two MeeGo devices from Nokia coming very soon.
The second MeeGo model will be keyboard-less, but will be based on a considerably more powerful hardware, the same that will be used by Nokia in their future Windows Phone 7.5 smartphones: ST-Ericsson chipset including dual-core Cortex-A9 processor (can be clocked up to 1.2 GHz) and (probably) Mali-400 GPU (graphics accelerator). This model will also feature a 4" multitouch display, 512 MB or 1 GB RAM (+ swap), and will be available commercially, most probably within several weeks.
As promised, the official release of MeeGo 1.2 has just been made available. At the moment only Core, Netbook and IVI images are available, and the remaining ones (including Handset and an N900 build) will be added very soon.
The images and repositories can be found here.
If you are looking for the Meego DE (i.e. the N900 optimized Developer Edition) then keep checking this page where San Francisco Release will be made available shortly, followed by an Alpha release in mid June. Multiple installation options will be possible (and are described in detail), including Dual-boot, MMC installation, eMMC installation, Chroot install, or NFS-Root over usb networking.
Also released today is the MeeGo 1.2 SDK which provides the latest tools for creating and debugging MeeGo applications for tablets, netbooks, and handheld devices. The Qt Creator-based development environment with integrated help, along with Qt Simulator, and a full virtual machine (QEMU), enables the developer to create applications ready for submission to an appstore, with or without target hardware.
QNetMan (QNetworkManager) by Anatoliy Kozlov is a Qt-based network manager which allows to monitor your network traffic. It is possible to record network sessions information for different connections and provide the information in graphical view.
N900 X-Ray from Michael Muth converts the resistive screen of your N900 into a hi-resolution mobile X-Ray unit. Just press 'Start X-Ray' to preform a scan.
GetMeWheels by Michael Zanetti is an application to display available cars from the car2go project by Daimler AG. The car2go project is currently available in Austin (Texas), Hamburg and Ulm (Germany), and Vancouver, Canada.
Profile-Changer-Widget from Niko Haikio is a small widget intended to enable an easy change between general and silent profiles. It basically consists of a small icon placed on your N900's desktop which, once tapped, switches between the two profiles.
ZapLoc by Zap Andesson allows you to check in to Gowalla, Foursquare, Facebook Places and Google Latitude (even automatically when close enough, if you want) and to keep your Google Latitude position updated with high-precision (GPS) location, WITHOUT sucking all the juice out of your battery. It does so by intelligently enabling the GPS in short bursts.
GNU SIP Witch is a secure peer-to-peer VoIP server. Calls can be made even behind NAT firewalls, and without needing a service provider. SIP Witch can be used on the desktop to create bottom-up secure calling networks as a free software alternative to Skype. It can also be used as a stand-alone SIP-based office telephone server, or to create secure VoIP networks for an existing IP-PBX such as Asterisk, FreeSWITCH, or Yate.
Only several days after the FCC approval documentation showing a device with design identical to the N9 has been revealed, we've got another content showing a smartphone looking exactly like the N9 that was cancelled before CeBIT. This time it is a video advertisement presenting a device with (apparently) MeeGo (or - more likely - Maemo 6 aka Harmattan with Symbian Anna like icons) onboard and a 12 MPix Carl Zeiss camera.
Well, hopefully the launch of the N9 is getting really close, which would be the best news of this sad year. And another good news is that the (nearly perfect) design of the device apparently hasn't changed.
Gngeo is a fast and powerful Neo Geo emulator. Gngeo-GUI is a frontend for it, making it much easier and more convenient to control the emulator and its configuration. Both from Arno Dekker.
Nepali Calendar (Nepcal) is a simple application to display Bikram Samabat calendar system. Bikram Sambat is a calendar system followed in Nepal just like AD in USA, Europe and many other countries. Nepal Sambat has been declared as official Nepali Calendar system while Bikram Sambat is still in actual use.
Light all the colours on the outer circle, by rotating the inner circles. But hurry, Max is counting! Inner-Spin from Tony Day is a simple (but hopefully adictive) game, where an outer pattern has to be matched by rotating 3 inner sections, it starts slow but soon speeds up, to argggh levels of difficulty.
Markets Today by Scifi Guy is a simple Maemo 5 / Nokia N900 desktop widget for stock quotes with auto-update option. You can update the quotes manually or setup auto-update the quotes every few minutes (please see known issues). Data source is Yahoo! finance. Any indexes/stock tickers supported by yahoo are supported in this app.
Tweed Suit by Marcus Wikstrom is a heavy weight Twitter client and RSS reader. It has a column layout that works well for desktop, tablet or handheld devices.
Search function is available in all screens by typing search term on QWERTY keyboard.
VideoPlayer is always launched in landscape mode.
VideoPlayer toolbars are auto retracted after few sec.
Centralize video list screen to eliminate additional open window.
Alternate video item list background color.
Ball Game by Csaba Kertesz is a simple touch-based game where the objective is to put the red ball to a hole. Score is earned with each successful hit. The game contains five levels. One level is completed after five successful hits.
Expense Log from Edu Perez is a simple and fast way to register expenses. All data is saved as a tab-delimited plain text file under "MyDocs/expenselog", so it's available when the phone is mounted as a USB drive. You can open it with Excel and then import data into a spreadsheet.
SwitchBoard by Adam Balazs is a virtual keyboard conception. You can write SMS extremely fast with this application. You can change the keyboard layout to a custom, language specific one (include Arabic, Chinese or other language). The community can develop various layouts to the keyboard and share it with others.
Simple Checklist for shopping lists, etc.
Checklist by Ben Morris is a simple checklist for shopping lists, etc. Normally works in portrait mode, letting you tap items to check/uncheck them. Open keyboard to activate landscape mode and edit your list.
With mmmRemotePhoneControl by Bartosz Miskiewicz you can control your phone remotely using other Java ME enabled phone via Bluetooth. The package installs a Control panel applet which can be used to start the server on the N900. It also contains a Java midlet that you'll need to send and install on the other phone which you would like to use as a remote control. Once installed, it makes it possible to control N900's keyboard and screen touch events via Bluetooth.
Nelisquare from Tommi Laukkanen is a mobile Foursquare client which you can use to check-in to venues, search interesting places nearby and also to check your friend's check-ins.
Kebrum VPN Client from Nikita Tsukanov uses OpenVPN and Kebrum servers to protect your internet privacy and security. You can use fully functional Kebrum demo-server for free.
Sociality by Mohammad Abu-Garbeyyeh is a Facebook client programmed in Qt that aims to be the most advanced and complete solution including all facebook features. Already now it offers a rich set of functions and very nice and clean user interface.
Enhanced BusyBox Shell (BusyBox-Power) from Dennis Groenen replaces the default BusyBox executable with the latest upstream version and is built with a lot more options/utilities enabled. See the description for full list of supported commands.
Oculo - web content on your home screen!
Oculo by Alberto Mardegan is probably one of the best and most useful widget ever created for the N900. Thanks to it, you can bring web content to your homescreen! It can render web pages as well as user-selected parts of them into a resizable and movable home screen widget, periodically and automatically updated.
ClipMan from Michael Muth is a clipboard manager for the N900. It stores, if currently running, all text based clipboard content in a small database. You're able to scroll thru the list, see the history and you're anytime able to put something back to the clipboard to use it again.
Sync-Time-Now-Widget from Aapo Rantalainen is a status menu widget. It adds a button to the status menu to quickly sync time with rdate (from pool.ntp.org).
Photographic Light Meter by Norayr Chilingaryan calculates aperture and shutter settings for your photo camera. If you have a photo camera which does not have a light meter, this app will be handy. It takes light from the n900 sensor, and calculates shutter/aperture settings.
Spritpreise by Karl Wintermann uses the data from clever-tanken.de and your GPS location to find the cheapest gas stations in your neighbourhood. The program is available in German language only.
New at the Ovi Store, Curl It by JiiPee is a 2D curling game with realistic gameplay. Challenge your friends or play in single player mode against CPU. Curl It features inventive one swipe shot to control speed, direction and curve of the shot, official rules and opponents from easy to hard to beat curling all-stars.
Audiobook Reader by Niku Ent helps to organize Audio books. It can bookmark position in audiobook and can resume from the same position. It remembers bookmarks for all added audio books. This means you can play multiple audiobooks simultaneously and save their progress independently.
Nokia today announced the release of Qt SDK 1.1 offering one integrated development environment for creating both consumer applications on Nokia's Symbian platform as well as for desktop applications such as Windows 7, Mac OSX and Linux. Using the Qt SDK to build their apps, developers have a complete, easy-to-use tool cutting app creation time in half for Nokia touch-screen devices.
Within the release of Qt SDK 1.1, is Qt Quick, a new UI creation kit that benefits both graphic designers and application developers. Designers can create fluid, animated user interfaces with complete project and code editing support for developers to then implement into the overall application. This speeds up the development process further bringing applications to market quicker.
With today's release of the Qt SDK 1.1 developers can now target more than 100 million Nokia devices (75 million of which are touch devices) in addition to the 150 million future Symbian smartphones Nokia intends to sell such as the newly announced Nokia E6, Nokia X7 and the Nokia Astound at T-Mobile. It is also possible for Qt app developers to re-use code to speed up the creation of apps on Maemo and the future MeeGo device Nokia will ship this year.
This release makes it possible to publish Qt 4.7 based software (including Qt Quick) made using the SDK to be published to the Ovi Store. The SDK includes Qt 4.7.3 and Qt Mobility 1.1.3.
Developers can download the Qt SDK 1.1 starting today at http://forum.nokia.com/qt or http://qt.nokia.com.
Squeezster by Patrik Karlsson is a feature rich remote control for Squeezebox music systems with multiple player control, portrait mode support, access to your music library, radios and apps, and more.
If you're bored with default Maemo 5 icons and you like the new Symbian icons introduced recently with the Anna system upgrade, now you can install them on your N900 thanks to the Symbian Anna Icon Pack from Alfiansyah Rahman.
cuteTube-QML Widget by Stuart Howarth is a homescreen widget for cuteTube-QML. The widget provides search and playback functions. Clicking on an item will play the video using the media player that you have chosen in the cuteTube settings.
Group SMS from Paolo Iommarini lets you send an SMS to a group of numbers. With it you can create and manage your groups, add numbers from the phonebook and send SMS using Conversations.
ShakeToWake 2 from Marco Poletto is a tool to enable waking up or resting the N900 by shaking it. It has been optimized for low CPU consumption.
PanicButton by David Talmage creates a single button on the desktop. Press it to send a text message to contacts who need to know where you are. The message includes your latitude and longitude.
FourCircle by Ted van den Brink is a simple FourSquare client for the N900. FourSquare is a location-based social networking website for GPS enabled mobile devices.
Mobile Vikings Home Widget by Bart Coppens is an applet for your home screen. Mobile Vikings is a Belgian GSM/Mobile Internet operator. This applet can show you the credit balance on your Mobile Vikings account.


From elegant home restorations to business renovations in New York, Westchester and Fairfield Counties, Michael Piccirillo architecture creates a unique design and adds his personal touch to each project.
Whether it is a country-style kitchen to a small, but elegant bathroom, each project is done to meet the client's specifications, with an eye on detail and an honest assessment of the budget required to get the job done.
Piccirillo Architecture treats each client with a special personal touch. No question is too small, no detail is overlooked. At Michael Piccirillo Architecture, the client is kept apprised of the stages of the project each step of the way and the architects are available for questions and guidance from beginning to end.
Licensed in New York & Connecticut.
Read about us in the article: "New Life for Split-Levels That Sizzled, Then Fizzled"


Sami Gardner talks about "Smart Developer Career Strategies and How Women Can Get Ahead in Tech" in this episode of ColdFusion Alive podcast with host Michaela Light.
Sami Gardner is a Career Stagnation Stopper, Librarian, and World Traveler. She inspires technical, artistic, socially conscious types to craft their career on their terms. With experience in peer counseling, higher education, and facilitating career services at international tech bootcamps, she guides clients in evolving their careers.


A Fireplace Store can be found at 17205 Eucalyptus St Ste C9 . The following is offered: Pools, Spas, & Saunas, Air Conditioning, Heating, Fireplace & Chimney, Firewood Sales . In Hesperia there are 9 other Pools, Spas, & Saunas. An overview can be found here.


Northampton Community College's student population has expanded to such a degree that student housing has become a priority. USA has developed a concept design to expand the College's existing housing facilities by adding additional student bedrooms, reorganization of common spaces, increase of circulation through the residential areas, and introduction of sustainable design elements. The design is mindful of a strict budget and offers construction methods and materials that will maintain an economically viable project.
Smaller living environments are introduced whereby a cluster of bedrooms share a common bathroom. The cluster design allows for the addition of bedrooms to the existing floor plan. Corridors are wider which provide a greater sense of public space and break up the constricted linear nature of the circulation spaces. Natural light is emitted through glass stairwells at each corridor. A new entrance has been designed surrounded by common areas and act as the new student hub.
Sustainable materials include local products such as Lutron and renewable products such as bamboo flooring. The design is flexible enough where it can be constructed with traditional materials or it can be modularized, fabricated in a factory and then erected by crane on the job site. Energy efficient systems that rely on non-fossil fuel systems will be analyzed for cost effectiveness; including geo-thermal, induction lighting and solar systems.


Creating marketing material in which words talk and images pop has become possible with metallic ink digital printing services. Alhafiz Co. offers gold and silver printing for the first time in Kuwait. The incorporation of gold and silver specialty dry inks with regular CMYK colors makes text and images come to life. Metallic ink adds a new dimension to the text. Exceptional image quality and mesmerizing embellishment effect will help you make a lasting impression.
Business cards help you introduce you and your business to others. Business card designing is very crucial in making a good first impression. A professionally designed business card will help you get the attention of business associates and clients. Alhafiz Co. offers for the first time in Kuwait, metallic finish business cards. Add a touch of gold or silver to the text of the business card and add a much needed bling while staying utterly professional. Metallic finish using digital printing is an efficient and cost-effective alternative of foil printing.
Magazines are of many types depending on where they are coming from. Educational magazines, fashion magazines, corporate magazines and financial magazines are just a few types. They contain lots of information and need to be printed in exceptionally good quality to get the attention of readers. They usually have a glossy finish with eye-catching images. Magazine covers printing with metallic gold ink will make it stand out from the rest. The combination of metallic gold ink on glossy stock will add an outstanding sparkle to the magazine covers.
The first things that guests get to see about a wedding are the invitation card. A well designed invitation card sets the tone of the entire event. A good invitation card isn't necessarily expensive. You can amaze your invitees with simple but unique looking invitation card. Alhafiz Co. offers the use of metallic ink for wedding invitation cards. Intricate designs and unique patterns can be brought to life by adding gold and silver metallic inks. Select a card stock, choose a base color according to theme, and let our designers help you with designing an amazing invitation card by incorporating gold tints to make it look elegant and opulent.
Utilization of stickers has hugely increased over time. Stickers are not associated to just kids anymore. They have various utilizations in corporate world and are widely used for advertising and marketing purposes. Adhesive vehicle wraps, wall graphic stickers, window graphic stickers, pillar wrap stickers, escalator and stair stickers, hoarding stickers and wall branding stickers are just to name a few kinds of stickers used for marketing purposes. Metallic sticker printing by Alhafiz Co. is the latest addition to our copy center that will help brands and businesses look professional and distinctive at the same time. The luxuriousness of metallic inks will make the content of the stickers pop.
Visit Alhafiz Co. for further information about our gold & silver printing and metallic ink digital printing.


A very subtle silver birch impression by Mel Davies. This lovely piece comes with Signed Certificate of Authenticity, ready to hang. The painting will be tracked and insured. If you need to ask a question about this piece or any other please do so through art2art Mel's art pieces are held in private and commercial collections around the world, including the UK, Europe, Australia and USA. Materials used: Achieved with palette knife and brush. Box canvas , Charvin oils of Paris.


Using Travis CI to test BabylonJS's pull requests and automate the (future) test process.
Travis CI is a wonderful Berlin-based continuous integration platform. It is free for open source projects, which is also wonderful!
Travis CI also integrates seemingly with GitHub. Every Pull request sent to a registered repository is being built by travis and an indication whether or not the build passed is displayed directly on the GitHub pull request page. Notice the little green check mark on the closed pull requests.
Travis has an extensive language/framework support. As it supports NodeJS/NPM, it also supports Gulp, which is the building tool used in BabylonJS, together with visual studio till BabylonJS 2.0, exclusively since 2.1.
This happens with EACH pull request. This is quite amazing that Travis-CI actually assign computing capacity for open source projects and tests each pull request (and every branch!).
At the moment travis is checking if the typescript code compiles. Which is the first and initial step towards successful build. BabylonJS currently has no tests integrated, would be quite a task right now, since the framework develops so rapidly. But I really do believe it is an important task.
An implementation of BabylonJS's collision system using web workers. Part one - General information and the problems I was facing.


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Crews find body of missing skier at Heavenly Mountain Resort
Tahoe Daily Tribune Staff report
Ski patrollers with the help of a search dog found the body of missing skier Brett Herrick at about 10 a.m. Tuesday, according to the Douglas County Sheriff's Office.
Herrick, 62, from Seaside, California, was positively identified, according to Undersheriff Paul Howell.
"He was found in the Aries Woods, between the Comet and Dipper runs," Howell said.
"Herrick was located in the wooded area, about 100 feet from the groomed trail. He was immersed in deep snow."
Initial investigation indicates Herrick crashed into very deep powder and could not self-rescue and likely suffocated or died from exposure. An autopsy will be conducted to determine the exact cause of death.
The next of kin has been notified.
Searchers have been looking for Herrick since around 4:30 p.m. Monday, when emergency dispatchers received word he was missing.
Herrick was last seen by his girlfriend on the Comet run at around 11:30 a.m.
The search and rescue team was activated and launched a search and rescue mission. Douglas searchers were assisted by a helicopter from Naval Air Station in Fallon.
The search continued today with assistance from units from Washoe, El Dorado, and Placer counties and from members of Heavenly Resort Ski Patrol, and the Tahoe Nordic Group.
The Tahoe Daily Tribune is a sister publication of the Sierra Sun.
Tahoe Fund issues last call for project submissions
Since 2010, the Tahoe Fund has generated support from private donors to help secure over $50 million in public funds for more than 40 environmental projects. Today it issued the last call for 2021 project…
Rent Relief Program offers eligible small businesses financial support
Forest service awards permits to manage campgrounds in Tahoe
Webinar on business law updates to return
Grab and go with the library
Nevada County has 3,072 total COVID-19 cases
Nevada County has 20 COVID deaths in a week
Nevada County increases COVID-19 testing


Come along to experience REAL language! Do you wish to understand native speakers better? Do you feel you could use more idioms to say what you want to say? Then, this class is for YOU! Each class will present NEW vocabulary, patterns, expressions. Not what you find in a grammar book or a dictionary but authentic language expressing REAL emotions to help you become a more effective speaker. Don't be shy! Join us, build your confidence in a friendly and relaxed atmosphere.
Reitaku University Lecturer since April 2001, Foreign Languages Faculty Graduated in English Language and Social Studies from Nantes University in France, Gained a Post-Graduate Degree in Educational Science & Language Teaching from Nottingham University, Great Britain. Has been promoting communication techniques through her teaching in a wide range of colleges in various countries. Currently involved in the study of Catalan and Linguistic Policies of Catalunya. Latest Publication for Reitaku Journal, March 2006, Computer Assisted learning in French Classes.


The district plans to hopefully reopen up to that portion of the pier by the summer time, she said, pending some routine maintenance work and inspections that would have to be finalized.
The 1,600-foot pier closed in June 2015, after harbor officials observed it swaying when crowds of people gathered on it to watch humpback whales that had recently been spotted in the area, according to a previous Tribune report.
Lueker said a report was also done at that time that recommended the pier's temporary closure.
Since then, the Harbor District has pursued numerous options for how it would reopen the popular structure.
"I always like to say there's been measured progress on it in a number of different realms," Lueker told The Tribune in a phone interview on Tuesday.
At first, officials worried that worm-like marine animals had eaten away and weakened many of the pier's pilings. They warned a renovation of the pier could cost about $1.1 million, while considering options like placing steel pipes over some of the pilings to shore them up or wrapping a jacket around the damaged pilings.
That estimated cost ballooned over time; a February 2017 feasibility study placed a potential pier rehabilitation project at $17 million.
Meanwhile a nonprofit was formed in 2016 to raise funds for any potential project.
Now the latest study has found that, with only some minor maintenance, a majority of the structure is completely safe and can at least partially be reopened. It's unknown how much those minor repairs will cost.
After bent 58, "there is some pretty significant pile repair work that needs to be done," Lueker said, which will take more time and planning. That leaves the end of the pier still closed indefinitely.
Lueker said she anticipates bringing a partial reopening package before the Harbor District board in April. After that the district will have more information on a solid re-opening date.
"There is more to come, so stay tuned," she said.