text:
ALBANY, NY — In an important victory for residents opposed to hydraulic fracturing in New York, the Third Appellate Division of the New York Supreme Court in Albany on May 2 ruled that municipalities have the right to adopt zoning laws that prohibit fracking.
In the decision the court wrote, "We hold that (current law) does not preempt, either expressly or impliedly, a municipality's power to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, natural gas and petroleum within its borders."
Drilling advocates had argued that the Environmental Conservation Law prohibits local municipalities from enforcing zoning that would prohibit drilling, but the court said essentially what other legal experts have said in the past: municipalities may not tell drilling companies how they should drill, but they may create zoning that specifies where it may or may not happen.
The court wrote, "The zoning ordinance at issue… does not seek to regulate the details or procedure of the oil, gas and solution mining industries. Rather, it simply establishes permissible and prohibited uses of land within the town for the purpose of regulating land generally… While the town's exercise of its right to regulate land use through zoning will inevitably have an incidental effect upon the oil, gas and solution mining industries, we conclude that zoning ordinances are not the type of regulatory provision that the Legislature intended to be preempted…."
The case is Norse Energy Corporation v Town of Dryden, et al.
"I'm proud to represent the Town of Dryden and I'm especially proud today," said Dryden supervisor Mary Ann Sumner. "We stood up for what we knew was right. And we won. The people who live here and know the town best should be the ones deciding how our land is used, not some executive in a corporate office park thousands of miles away."
Deborah Goldberg, an attorney with the public interest law organization, Earthjustice, represented the Town of Dryden in the appeal. "This victory stands as an inspiration for communities seeking to protect themselves from the consequences of the fracking-enabled oil and gas drilling rush," Goldberg said. "The oil and gas industry largely has been deregulated at the federal level. While state officials struggle with the decision whether to permit fracking, local officials have stepped in to fill the gap. Today's ruling signals to local officials that they are indeed on solid legal ground."
In a related decision, the court also upheld the drilling ban in the Town of Middlefield.
The Joint Landowners Coalition of New York (JLCNY) issued a statement saying the organization, "and our 77,000 landowners are disappointed that the Appellate Division affirmed the decisions in the Middlefield and Dryden cases. These decisions continue to wreak havoc in our towns, displacing most town business with issues that should be decided at the state level.
Local municipalities are simply not equipped to decide issues affecting our state and national interests in producing clean domestic energy. New York cannot have a 'not in my back yard approach' to energy development."
Norse Energy has said it will begin the process to appeal the decision to the state's highest court. JCLNY wrote, "It is clear that only the Court of Appeals can resolve this conflict since the Appellate Division's decision relies upon the Court of Appeals decision interpreting the mining law in (a case called) Frew Run."
But because the appellate level judges ruled four to zero, and this was not a case where the court overturned a lower court ruling, some legal observers believe it is quite possible that the Court of Appeals will decline to hear the case.
In a related decision, the court also upheld the drilling ban in the Town of Middlefield.
Dryden decision:
State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: May 2, 2013 515227
In the Matter of NORSE ENERGY
TOWN OF DRYDEN et al., OPINION AND ORDER
Proposed Intervenor- Respondent- Appellant.
Calendar Date: March 21, 2013
Before: Peters, P.J., Stein, Spain and Garry, JJ.
The West Firm, PLLC, Albany (Thomas S. West of counsel),
for appellant-respondent.
Knauf Shaw, LLP, Rochester (Alan J. Knauf of counsel), for
proposed intervenor-respondent-appellant.
Deborah Goldberg, Earthjustice, New York City, for Town of
Dryden and another, respondents.
Cynthia Feathers, Glens Falls, for New York Farm Bureau,
amicus curiae.
-2- 515227
Sidley Austin, LLP, Washington, D.C. (Joseph R. Guerra of
counsel), for American Petroleum Institute and others, amici
Levene, Gouldin & Thompson, LLP, Binghamton (Scott R.
Kurkoski of counsel) for Business Council of New York State, Inc.
and others, amici curiae.
Whiteman, Osterman & Hanna, LLP, Albany (John J. Henry of
counsel), for Town of Ulysses and others, amici curiae.
Jordan A. Lesser, New York State Assembly, Albany, for
Member of the Assembly Barbara Lifton, amicus curiae.
Susan J. Kraham, Morningside Heights Legal Services, Inc.,
New York City, for Vicki Been and others, amici curiae.
Nancy S. Marks, Natural Resources Defense Council, New York
City (Katherine Sinding of counsel), for Catskill Mountainkeeper
and others, amici curiae.
Tooher & Barone LLP, Albany (John L. Barone of counsel),
for A&E Management & Contracting, Inc., and others, amici curiae.
Peters, P.J.
Cross appeals from a judgment of the Supreme Court (Rumsey,
J.), entered February 22, 2012 in Tompkins County, which, in a
proceeding pursuant to CPLR article 78 and action for declaratory
judgment, among other things, partially granted respondents'
motion for summary judgment declaring that certain amendments to
the Town of Dryden zoning ordinance are not preempted by the Oil,
Gas and Solution Mining Law.
In August 2011, the zoning ordinance of respondent Town of
Dryden (hereinafter the Town) was amended to ban all activities
related to the exploration for, and the production or storage of,
natural gas and petroleum. The amendment occurred in the midst
of growing local concern over the proposed use of high volume
hydraulic fracturing, commonly known as "hydrofracking," to
recover natural gas from underground shale deposits.
Petitioner's predecessor in interest, Anschutz Exploration
Corporation, a driller and developer of oil and natural gas wells
that owned leases covering approximately 22,200 acres of land in
the Town of Dryden, Tompkins County, thereafter commenced this
combined proceeding pursuant to CPLR article 78 and action for
declaratory judgment seeking invalidation of the zoning amendment
on the ground that it was preempted by the Oil, Gas and Solution
Mining Law (see generally ECL 23-0301 et seq. [hereinafter
Following joinder of issue, respondents moved for
summary judgment declaring that the OGSML does not preempt the
zoning ordinance amendment. Anschutz opposed the motion and
urged Supreme Court to grant summary judgment in its favor.
Subsequently, Dryden Resources Awareness Coalition
(hereinafter DRAC), an association of approximately 71 residents
and landowners in the Town formed "to educate and protect the
Dryden community from the impacts and hazards associated with
hydraulic fracturing," moved to intervene and defend the zoning
ordinance. Both respondents and petitioner opposed DRAC's
motion. Supreme Court denied DRAC's motion and granted summary
judgment to respondents, concluding that, with the exception of a
1 Hydrofracking involves a process by which a mixture of
fresh water and chemical additives are pumped under high pressure
into shale formations beneath the ground. This process is
typically accomplished by drilling multiple horizontal wells out
from a vertical well. Once in the shale, the mixture disturbs,
among other things, deposits of methane gas and is then returned
to the surface, where it is stored or transported in order to
retrieve the methane. Currently, there is significant concern
regarding the environmental effects of hydrofracking,
particularly the risk of groundwater contamination.
During the pendency of this appeal, Anschutz assigned
its interest in certain oil and gas leases in the Town to
petitioner, who was thereafter substituted in the proceeding by
order of this Court (see CPLR 1018, 1021).
Provision invalidating permits issued by other local or state
agencies, the amendment to the zoning ordinance was not preempted
by the OGSML.3 Petitioner and DRAC now appeal.
Respondents do not challenge Supreme Court's determination with regard to the permit provision.
Several interested groups were granted permission to
file amici curiae briefs on this appeal and/or the appeal in
Cooperstown Holstein Corp. v Town of Middlefield (___ AD3d ___
[decided herewith]), which address the same question of
preemption at issue here. These groups include (1) New York Farm
Bureau (see 2012 NY Slip Op 89400[U] [2012]; 2012 NY Slip Op
89414[U] [2012]); (2) American Petroleum Institute, Chamber of
Commerce of the United States of America and Independent Oil and
Gas Association of New York (see 2012 NY Slip Op 89955[U] [2012];
2012 NY Slip Op 89959[U] [2012]); (3) Business Council of New
York State, Inc., Clean Growth Now, National Association of
Royalty Owners, NARO-NY and Joint Landowners Coalition of New
York, Inc. (see 2012 NY Slip Op 90485[U] [2012]; 2012 NY Slip Op
90486[U] [2012]); (4) Town of Ulysses, City of Ithaca, City of
Oneonta, Town of Alfred, Town of Ancram, Town of Camillus, Town
of Carlisle, Town of Caroline, Town of Chatham, Town of
Claverack, Town of Copake, Town of Danby, Town of Dewitt, Town of
Elbridge, Town of Enfield, Town of Geneva, Town of Gorham, Town
of Highland, Town of Ithaca, Town of Jerusalem, Town of Kirkland,
Town of Lansing, Town of Livingston, Town of Lumberland, Town of
Marcellus, Town of Meredith, Town of Middlesex, Town of
Middletown, Town of Milo, Town of New Hartford, Town of Mendon,
Town of Otisco, Town of Otsego, Town of Owasco, Town of Potsdam,
Town of Rush, Town of Sennett, Town of Skaneateles, Town of
Springfield, Town of Summit, Town of Tusten, Town of Wales, Town
of Westmoreland, Town of Woodstock, Village of Cayuga Heights,
Village of Dundee, Village of Freeville, Village of Honeoye
Falls, Village of Prospect, Village of Saugerties, Village of
Sharon Springs, Village of Trumansburg, Association of Towns of
the State of New York, New York Conference of Mayors and New York
Planning Federation (see 2012 NY Slip Op 91270[U] [2012]; 2012 NY
Slip Op 91275[U] [2012]); (5) Member of Assembly Barbara Lifton,
125th Assembly District (see 2012 NY Slip Op 95156[U] [2012]);
-5- 515227
As a preliminary matter, we address Supreme Court's denial
of DRAC's motion to intervene. As the court dismissed, as
improper, that part of the petition/complaint seeking relief
under CPLR article 78, DRAC was required to establish entitlement
to intervention pursuant to CPLR article 10. "While the only
requirement for obtaining an order permitting intervention via
[CPLR 1003] is the existence of a common question of law or fact,
the resolution of such a motion is nevertheless a matter of
discretion" (Matter of Pier v Board of Assessment Review of Town
of Niskayuna, 209 AD2d 788, 789 [1994] [citation omitted]; see
Kripke v Benedictine Hosp., 255 AD2d 725, 728 [1998]).
Here, although members of DRAC submitted affidavits
identifying effects that hydrofracking may have on their daily
(6) Professors Vicki Been, Richard Briffault, Nestor Davidson,
Clayton Gillette, Roderick M. Hills Jr., John Nolon, Ashira
Ostrow, Patricia Salkin, Christopher Serkin and Stewart Sterk
(see 2012 NY Slip Op 95153[U] [2012]; 2012 NY Slip Op 95157[U]
[2012]); (7) Catskill Mountainkeeper, Delaware Riverkeeper
Network, Gas Drilling Awareness for Cortland County, The Natural
Resources Defense Council, Inc., Otsego 2000, Inc., The
Preservation League of New York State, Riverkeeper Inc., Theodore
Gordon Flyfishers, Inc. and Vestal Residents for Safe Energy (see
2012 NY Slip Op 95155[U] [2012]; 2012 NY Slip Op 95158[U]
[2012]); and (8) A&E Management & Contracting, Inc., Arm-of-the-
Sea Production, Inc., Beaverkill Angler, LLC, Bravo Original
Ceramic Designs, Brewery Ommegang, Catherine Cottages, Cleinman
Performance Partners, Inc., Cooperstown Cheese Company, Dutch Ale
House, Inc., Dutch Girl Cheese, Fairytale Farm, Gold
Petals/Homescapes Inc., Hudson Valley Dessert Company, Hunt
Country Vineyards, LLC, Lucky Chocolates LLC, Lydia Afia,
Miriam's Well, Inc., Northeast Organic Farming Association of New
York, Inc., Our Bookshop, Promo-to-go LLC, Park Slope Food Coop,
Inc., Partition Street Wine Shop, Savor Gracie, Inc., Silver
Thread Vineyard, LLC, Slope Farms, The Dirt Diva and The Inn at
Cooperstown (see 2012 NY Slip Op 95154[U] [2012]; 2012 NY Slip Op
lives, these claimed impacts were largely speculative and failed
to demonstrate a substantial interest in the outcome of the
action different from other residents of the Town. Further, as
noted by Supreme Court, the Town is the preeminent party in
defending the validity of the zoning ordinance amendment which it
enacted (cf. Matter of Rent Stabilization Assn. of N.Y. City v
New York State Div. of Hous. & Community Renewal, 252 AD2d 111,
115 [1998]). Under the circumstances, we find no abuse of
discretion and, like Supreme Court, grant DRAC amicus curie
status and consider its arguments in that context (see Matter of
Pace-O-Matic, Inc. v New York State Liq. Auth., 72 AD3d 1144,
1145 [2010]; Quality Aggregates v Century Concrete Corp., 213
AD2d 919, 920-921 [1995]).
We now turn to the question of whether OGSML preempts the
amendment to the Town's zoning ordinance banning all activities
related to the exploration for, and the production or storage of,
natural gas and petroleum. The NY Constitution grants "every
local government [the] power to adopt and amend local laws not
inconsistent with the provisions of [the] constitution or any
general law relating to its property, affairs or government" (NY
Const, art IX, § 2 [c]; see Anonymous v City of Rochester, 13
NY3d 35, 51 [2009] [Graffeo, J., concurring]; People v De Jesus,
54 NY2d 465, 468 [1981]). To implement this express grant of
authority to local governments, the Legislature enacted a series
of statutes establishing a wide range of local powers (see
generally Kamhi v Town of Yorktown, 74 NY2d 423, 428-429 [1989]).
Among the powers delegated to local governments is the authority
to regulate the use of land through the enactment of zoning laws
(see Municipal Home Rule Law § 10 [1] [ii] [a] [11]; Statute of
Local Government § 10 [6], [7]; Town Law § 261; Matter of Kamhi v
Planning Bd. of Town of Yorktown, 59 NY2d 385, 389 [1983];
Riegert Apts. Corp. v Planning Bd. of Town of Clarkstown, 57 NY2d
206, 209 [1982]). As the Court of Appeals has emphasized, "[o]ne
of the most significant functions of a local government is to
foster productive land use within its borders by enacting zoning
ordinances" (DJL Rest. Corp. v City of New York, 96 NY2d 91, 96
[2001]; see Little Joseph Realty v Town of Babylon, 41 NY2d 738,
745 [1977]; Udell v Haas, 21 NY2d 463, 469 [1968]; see also
Trustees of Union Coll. in Town of Schenectady in State of N.Y. v
Members of Schenectady City Council, 91 NY2d 161, 165 [1997]).
The doctrine of preemption, however, "represents a
fundamental limitation on home rule powers" (Albany Area Bldrs.
Assn. v Town of Guilderland, 74 NY2d 372, 377 [1989]; accord
Matter of Cohen v Board of Appeals of Vil. of Saddle Rock, 100
NY2d 395, 400 [2003]). The Legislature may expressly state its
intent to preempt, or it may do so by implication (see Matter of
Cohen v Board of Appeals of Vil. of Saddle Rock, 100 NY2d at 400;
DJL Rest. Corp. v City of New York, 96 NY2d at 95). Where, as
here, a statute contains an express preemption clause, its effect
"turns on the proper construction of [the] statutory provision"
(Matter of Frew Run Gravel Prods. v Town of Carroll, 71 NY2d 126,
131 [1987]). The primary consideration in matters of statutory
interpretation "is to 'ascertain and give effect to the intention
of the Legislature'" (Riley v County of Broome, 95 NY2d 455, 463
[2000], quoting McKinney's Cons Laws of NY, Book 1, Statutes § 92
[a]; see Roberts v Tishman Speyer Props., L.P., 13 NY3d 270, 286
[2009]). Such efforts begin with an examination of the statutory
text itself (see Yatauro v Mangano, 17 NY3d 420, 426 [2011];
Majewski v Broadalbin–Perth Cent. School Dist., 91 NY2d 577, 583
The supersession clause in the OGSML provides that "[t]he
provisions of [ECL article 23] shall supersede all local laws or
ordinances relating to the regulation of the oil, gas and
solution mining industries; but shall not supersede local
government jurisdiction over local roads or the rights of local
governments under the [RPTL]" (ECL 23-0303 [2]). Thus, the plain
language of this provision prohibits municipalities from enacting
laws or ordinances "relating to the regulation of the oil, gas
and solution mining industries" (ECL 23-0303 [2] [emphasis
added]). As the OGSML does not define the word "regulation," we
must give this word its ordinary and natural meaning (see People
v Quinto, 18 NY3d 409, 417 [2012]; Matter of Manhattan Pizza Hut
v New York State Human Rights Appeal Bd., 51 NY2d 506, 511
[1980]). Regulation is commonly defined as "an authoritative
rule dealing with details or procedure" (Merriam-Webster On-line
Dictionary, http://www.merriam-webster.com/dictionary/ [1]
regulation). The zoning ordinance at issue, however, does not
seek to regulate the details or procedure of the oil, gas and
solution mining industries. Rather, it simply establishes
permissible and prohibited uses of land within the Town for the
purpose of regulating land generally (see Matter of Frew Run
Gravel Prods. v Town of Carroll, 71 NY2d at 131 [stating that
"[t]he purpose of a municipal zoning ordinance in dividing a
governmental area into districts and establishing uses to be
permitted within the districts is to regulate land use
generally"]). While the Town's exercise of its right to regulate
land use through zoning will inevitably have an incidental effect
upon the oil, gas and solution mining industries, we conclude
that zoning ordinances are not the type of regulatory provision
that the Legislature intended to be preempted by the OGSML
(see DJL Restaurant Corp. v City of New York, 96 NY2d at 97;
Matter of Gernatt Asphalt Prods. v Town of Sardinia, 87 NY2d 668,
681-682 [1996]; Matter of Hunt Bros. v Glennon, 81 NY2d 906, 908-
910 [1993]; Matter of Frew Run Gravel Prods. v Town of Carroll,
71 NY2d at 131).
The legislative history of ECL 23-0303 (2), specifically,
and the OGSML, generally, support this determination. The
statutory scheme governing oil and gas was added to the former
Conservation Law in 1963 (see L 1963, ch 959), with the
Conservation Department5 being charged with its administration
(see former Conservation Law § 72; see also Mem of Conservation
Dept, Bill Jacket, L 1963, ch 959). The statute's official
policy was: "to foster, encourage and promote the
development, production and utilization of natural resources of oil and gas . . . in such a manner as will prevent waste; to
authorize and to provide for the operation
and development of oil and gas properties in such a manner that a greater ultimate. The current Department of Environmental Conservation was established in 1970 (see L 1970, ch 140).
recovery of oil and gas may be had, and that the correlative rights of all owners and the rights of all persons including
landowners and the general public may be fully protected" (former Conservation Law § 70; L 1963, ch 959).
"Waste" was defined in technical terms as, among other things,
"the inefficient, excessive or improper use of, or the
unnecessary dissipation of reservoir energy," or "the locating,
spacing, drilling, equipping, operating, or producing of any oil
or gas well or wells in a manner which causes or tends to cause
reduction in the quantity of oil or gas ultimately recoverable
from a pool under prudent and proper operations" (former
Conservation Law § 71 [1]; L 1963, ch 959). Notably, the
provisions of the enactment focus on matters that are regulatory
in nature, such as well spacing, delineation of pools and
procedures for obtaining permits. They do not address any
traditional land use issues that would otherwise be the subject
of a local municipality's zoning authority (see L 1963, ch 959).
Amendments to the ECL in 1978 modified the policy of the
OGSML, replacing the phrase "to foster, encourage and promote the
development, production and utilization of natural resources of
oil and gas . . . in such a manner as will prevent waste"
(L 1963, ch 959, § 1 [emphasis added]) with "to regulate the
development, production and utilization of natural resources of
oil and gas . . . in such a manner as will prevent waste" (L
1978, ch 396 [emphasis added]). Notably, the 1978 legislation
simultaneously amended the state's energy policy to, among other
things, "foster, encourage and promote the prudent development
and wise use of all indigenous state energy resources including,
but not limited to, on-shore oil and natural gas, off-shore oil
and natural gas [and] natural gas from Devonian shale formations"
(L 1978, ch 396, § 2 [emphasis added]; see Energy Law § 3-101
[5]). By these amendments, the Legislature clearly acknowledged
that promotion and regulation were considered separate and
distinct activities, as they transferred the promotion of energy
to the Energy Office while continuing regulation of the oil, gas
and solution mining industries within the Department of
Environmental Conservation (hereinafter DEC).
In 1981, the preemption clause at issue here was enacted as
part of an act that amended the Finance Law, the ECL, the RPTL,
the Agriculture and Markets Law and the Tax Law (see L 1981, ch
846).6 Significantly, the purpose of the 1981 amendments to the
ECL was "to promot[e] the development of oil and gas resources in
New York and regulat[e] the activity of the industry" (L 1981, ch
846 [emphasis added]; see Sponsor's Mem, Bill Jacket, L 1981, ch
846, 1981 NY Legis Ann at 448). This purpose was to be achieved
by, among other things, "establishing new fees to fund additional
regulatory personnel for the industry and to provide a fund to
pay for past and future problems which resulted [from] the
industry's activities [and] establish[ing] a uniform method of
real property taxation for oil and natural gas lands" (Sponsor's
Mem, Bill Jacket, L 1981, ch 846, 1981 NY Legis Ann at 448). The
sponsor's memorandum supporting the bill stated that the oil, gas
and mining industry "will benefit from the expeditious handling
of permits and improved regulation," observing that "the recent
growth of drilling in the State has exceeded the capacity of
[DEC] to effectively regulate and service the industry"
(Sponsor's Mem, Bill Jacket, L 1981, ch 846, 1981 NY Legis Ann at
448). Explaining that DEC was unable to fulfill its "regulatory
responsibilities" with its existing funding and powers
(Governor's Approval Mem, Bill Jacket, L 1981, ch 846, 1981 NY
Legis Ann at 448), the Governor's memorandum approving the 1981
bill confirms that the amendments would provide DEC with funding
for its "updated regulatory program" as well as "additional
enforcement powers necessary to enable it to provide for the
efficient, equitable and environmentally safe development of the
State's oil and gas resources" (Governor's Approval Mem, Bill
Jacket, L 1981, ch 846, 1981 NY Legis Ann at 449).
From the legislative history of the OGSML and, in
particular, the 1981 amendments, it is evident that the
Legislature's intention was to insure uniform statewide standards
and procedures with respect to the technical operational
activities of the oil, gas and mining industries in an effort to
6 Prior to that time, ECL 23-0303 consisted of only the
language now contained in ECL 23-0303 (1) (see L 1981, ch 846
§ 4; L 1972, ch 664, § 2). increase efficiency while minimizing waste, and that the supersession provision was enacted to eliminate inconsistent local regulation that impeded that goal. We find nothing in the language, statutory scheme or legislative history of the statute indicating an intention to usurp the authority traditionally delegated to municipalities to establish permissible and prohibited uses of land within their jurisdictions. In the absence of a clear expression of legislative intent to preempt local control over land use, we decline to give the statute such a construction (see Matter of Gernatt Asphalt Prods. v Town of Sardinia, 87 NY2d at 682; Matter of Frew Run Gravel Prods. v Town
of Carroll, 71 NY2d at 134).7 By construing ECL 23-0303 (2) as
preempting only local legislation regulating the actual
operation, process and details of the oil, gas and solution
mining industries, "the statutes may be harmonized, thus avoiding
any abridgment of [a] town's powers to regulate land use through
zoning powers expressly delegated in the Statute of Local
Governments . . . and [the] Town Law" (Matter of Frew Run Gravel
Prods. v Town of Carroll, 71 NY2d at 134).
Decisional law interpreting a similar supersession
provision contained in the Mined Land Reclamation Law (see ECL
23-2701 et seq. [hereinafter MLRL]) further supports our
determination that the Legislature did not intend for the OGSML
to preempt the zoning authority of municipalities.8 In Matter of
Frew Run Gravel Prods. v Town of Carroll (71 NY2d at 133-134),
the Court of Appeals held that the MLRL did not preempt a town's
7 Indeed, in other contexts, the Legislature has clearly
evinced its intent to preempt local zoning authority within the
express text of the statute. For example, in ECL 27-1107 – the
same statute at issue here – the Legislature expressly prohibited
local municipalities from requiring "any approval, consent,
permit, certificate or other condition, including conformity with
local zoning or land use laws and ordinances," concerning the
operation of hazardous waste facilities (emphasis added).
Despite petitioner's assertions to the contrary, we fail
to find any meaningful distinction between the language of the
supersession provision of the OGSML and that of the MLRL.
zoning law which established a zoning district where sand and
gravel operations were not a permitted use. At that time, the
MLRL contained a supersession provision providing that:
"this title shall supersede all other state and local laws relating to the extractive mining industry; provided, however, that nothing in this title shall be construed to prevent any local government from enacting local zoning ordinances or other local laws which impose stricter mined land reclamation standards or requirements than those found herein" (ECL 23-2703)
Construing the language "relating to the extractive mining
industry" according to its plain meaning, the Court found that
the zoning law was not preempted by the MLRL's supersession
provision as it was related to "an entirely different subject
matter and purpose: i.e., regulating the location, construction
and use of buildings, structures, and the use of land in the
Town" (Matter of Frew Run Gravel Prods. v Town of Carroll, 71
NY2d at 131 [internal quotation marks and citation omitted]). In
limiting supersession to those laws "relating to the extractive
mining industry," the Court concluded, the Legislature intended
to preempt only "[l]ocal regulations dealing with the actual
operation and process of mining" (id. at 133 [emphasis added]).
The Court explained that local zoning ordinances affect the
mining industry only in incidental ways and, notably, do not
frustrate the MLRL's stated purpose "to foster a healthy, growing
mining industry" (id. at 132 [internal quotation marks and
citation omitted]). Here, too, the amendment to the Town's
zoning ordinance – enacted pursuant to its constitutional and
statutory authority to impose land use regulations – while
incidentally impacting the oil, gas, and solution mining
industries, does not conflict with the state's interest in
establishing uniform procedures for the operational activities of
these industries.
Thus, based upon the plain meaning of the language
contained in the supersession clause, the relevant legislative
history and the purpose and policy of OGSML as a whole, and
mindful of the interpretation accorded to MLRL's similar
supersession provision, we find that ECL 23-0303 (2) does not
serve to preempt a municipality's authority to enact a local
zoning ordinance prohibiting oil, gas and solution mining or
drilling within its borders.
Petitioner further argues that, even if the amendment to
the Town's zoning ordinance is not expressly preempted by the
OGSML, it is nevertheless invalid under principles of implied
preemption. While the existence of an express preemption clause
in a statute supports a reasonable inference that the Legislature
did not intend to preempt other matters, it does not, as
respondents suggest, entirely foreclose any possibility of
9 The Court of Appeals confirmed the distinction between
zoning ordinances and local ordinances that dictate the manner
and method of mining operations nearly a decade later in Matter
of Gernatt Asphalt Prods. v Town of Sardinia (87 NY2d 668,
681-682 [1996]).
In concluding that the MLRL did not preempt a town's authority to determine, by way of a zoning ordinance, that mining would no longer be a permitted use of land within the town, the Court expressly rejected the mining company's argument – similar to that asserted by petitioner here – that because the MLRL's policy is to "foster[] and promot[e] the mining industry
in this State" (id. at 681), a municipality is obligated to
permit the extraction of those natural resources somewhere within
its borders (id. at 681-682). In so concluding, the Court
explained that "[a] municipality is not obliged to permit the
exploitation of any and all natural resources within the town as
a permitted use if limiting that use is a reasonable exercise of
its police powers to prevent damage to the rights of others and
to promote the interests of the community as a whole" (id. at
implied preemption (see Freightliner Corp. v Myrick, 514 US 280,
287-288 [1995]; Drattel v Toyota Motor Corp., 92 NY2d 35, 48-49
[1998]; Matter of Office of Attorney Gen. of State of N.Y., 269
AD2d 1, 7 [2000]). Petitioner's implied preemption argument must
fail, however, because the zoning amendment neither conflicts
with the language nor the policy of the OGSML.
Under the doctrine of conflict preemption, a "local
government . . . may not exercise its police power by adopting a
local law inconsistent with constitutional or general law" (New
York State Club Assn. v City of New York, 69 NY2d 211, 217
[1987], affd 487 US 1 [1988]; see DJL Rest. Corp. v City of New
York, 96 NY2d at 95; Jancyn Mfg. Corp. v County of Suffolk, 71
NY2d 91, 97 [1987]). Citing to specific provisions of the OGSML
that address well spacing, petitioner claims that the OGSML
directs "where" drilling is to occur in order to ensure that
wells are drilled and spaced in a manner that maximizes resource
recovery and minimizes waste, and that this directive cannot be
complied with if municipalities are permitted to enact zoning
ordinances banning drilling within their jurisdictions. The
provisions that petitioner points to, however, relate to the
details and procedures of well spacing by drilling operators (see
e.g. ECL 23-0101 [20] [c]; 23-0503 [2]) and do not address
traditional land use considerations, such as proximity to
nonindustrial districts, compatibility with neighboring land
uses, and noise and air pollution. As we noted, the well-spacing
provisions of the OGSML concern technical, operational aspects of
drilling and are separate and distinct from a municipality's
zoning authority, such that the two do not conflict, but rather,
may harmoniously coexist; the zoning law will dictate in which,
if any, districts drilling may occur, while the OGSML instructs
operators as to the proper spacing of the units within those
districts in order to prevent waste.
Nor are we persuaded that municipal zoning ordinances that
effect a ban on drilling conflict with the policies of the OGSML.
There is nothing in the statute or its legislative history
suggesting, as petitioner does, that it is the policy of this
state to "maximize recovery" of oil and gas resources at the
expense of municipal land use decision making. While the statute
seeks to avoid waste – that is, "the inefficient, excessive or
improper use of, or the unnecessary dissipation of reservoir
energy" and the "the locating, spacing, drilling, equipping,
operating, or producing of any oil or gas well or wells in a
manner which causes or tends to cause reduction in the quantity
of oil or gas ultimately recoverable from a pool under prudent
and proper operations" (ECL 23-0101 [20] [b], [c]; former
Conservation Law § 71 [1]; L 1963, ch 959) – this does not equate
to an intention to require oil and gas drilling operations to
occur in each and every location where such resource is present,
regardless of the land uses existing in that locale. Indeed, the
policy of the OGSML explicitly seeks to protect the rights of
"all persons including landowners and the general public" – not
just the owners of oil and gas properties, such as petitioner
(former Conservation Law § 70; L 1963, ch 959), a goal which is
realized when individual municipalities can determine whether
drilling activities are appropriate for their respective
communities. Accordingly, respondents' decision to amend the
Town's zoning ordinance to prohibit the activity of hydrofracking
does not conflict with the Legislature's intent to ensure that,
where oil or gas drilling occurs, the operations are as efficient
and effective as possible.
Thus, we hold that the OGSML does not preempt, either expressly or impliedly, a municipality's power to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, natural gas and petroleum within its borders.
Stein, Spain and Garry, JJ., concur.
ORDERED that the judgment is affirmed, without costs.
Robert D. Mayberger
Clerk of the Court


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Every year at this time, I read statistics regarding how folks from all walks of life fall prey to depression and sadness during the holidays, and I felt as if I was about to join the ranks this week. Being constantly bombarded by the commercialism of the season doesn't help, since I know in my heart that the celebrations of different faiths really have little to do with money and that millions of people around the globe are rejoicing from a spiritual point of view.
That being said, I have found that small town life and the festivities that abound here in the Catskills are less concerned with who spends the most money, but rather with the true spirit of Christmas, Hanukkah, Kwanzaa and the like, so I made a decision to ignore the "Bah Humbug" in me and scour the Upper Delaware Valley in search of good will toward man.
Determined to get with the program, I kick-started the truck and made my way to Livingston Manor for opening day of "Trains on Main" at the Catskill Art Society (CAS) (www.catskillartsociety.org [2]) in conjunction with the gallery celebrating its 40th anniversary. Instantly, my mood was elevated to one of good cheer, as I observed both kids and adults being magically transported to a winter wonderland of miniature trains and villages, and I joined the crowd participating in a sing-along as the fabulous Mountain Tones (email@example.com [3]) entertained, as they always do. There are train exhibits at both CAS and Main Street neighbor Morgan Outdoors (www.morgan-outdoors.com [4]) through the month of December. Local locomotive enthusiast Charlie Sanborn informed me that the trains will be running every Saturday afternoon, in addition to simply being on display.
Santa made an appearance at CAS and the little ones sat on his lap, had their pictures taken and whispered in his ear. As the jolly one revved up his sleigh, I decided to follow him and discovered that his next stop was the Bethel Woods (bethelwoodscenter.org) Holiday Market, which was thrumming with activity.
More than a thousand people had shown up the day before, and as I entered, the S.S. Seward Select Choir (www.floridaufsd.org [5]) was caroling for the crowd with exquisite harmonies and setting the tone for the day, which was replete with scores of activities for the kids, a roaring fire, scads of local vendors and of course, Santa himself, who winked at me as I snapped a few pics and chatted with the ebullient DJs from Thunder 102 (www.thunder102.com [6]), who were broadcasting live from the event floor.
I schmoozed with elves, sampled a few treats and discovered that the Hanukkah storybooks had all been snatched up earlier in the day, but felt comfort and joy as I headed out once again, after informing Santa (as if he wasn't already aware!) that there was a party going on in Hurleyville. The Sullivan County Historical Society (www.sullivancountyhistory.org [7]) was hosting an open house and reception, honoring its 25th-anniversary Theme Tree Exhibit.
Often considered one of the "best kept secrets" in the county, the society is in residence at the Sullivan County Museum (SCHS), located at 265 Main Street in Hurleyville, NY. The annual holiday exhibit is but one of the many programs the society offers throughout the year. Established in 1929 to "document and preserve Sullivan County history," the SCHS maintains the museum, archives and historical rooms which are designed, constructed and decorated by volunteer members and friends of the society.
A musical performance by the Liberty Free Methodist Choir served as a perfect backdrop for the theme trees, which are sponsored and decorated by a variety of organizations each year, and the beautiful display (I even discovered a tree festooned with dreidels and menorahs!) included contributions from the Frederick A. Cook Society, the Walkill Boys and Girls Club of Monticello, the Sullivan County Bee Keepers Association and Unit 73 of the American Legion Auxiliary, to name but a few. With so many programs and exhibits taking place throughout the year, the holiday exhibit makes it a perfect destination for those who have yet to discover all that the museum has to offer.
Santa has assured me that his visits to the region have just begun, and I plan to keep my eye on his travels as the holiday celebrations are now officially underway. Any thoughts of humbug have vanished, thanks to the incredible community spirit around every corner. I plan to light the candles (Hanukkah begins on the 21st), spin the dreidel and join my friends and family as we all celebrate the diversity and sheer joy that the holiday season conjures up for us all. I might even break down, shop local and give a few gifts along the way.

subset: commoncrawl


text:
Community leaders who assisted as facilitators were City Councilman Jimmy Loya; Eric Opiela, President of the Karnes City ISD Education Foundation; Officer Scott Kotara from the Sheriff's Department; Willene Taylor, Karnes City Chamber President; Robert Riojas, youth minister from The Word Fellowship and AGLA Representative; KCISD Superintendent Jeannett Winn; and Brenda Hansler former JBS Liaison.
Lunch was prepared by parents of the students, and as they ate the students heard from former Karnes County Legislator Jose Aliseda of Beeville.
The morning sessions were on leadership, communications and goal setting. After lunch, the students identified community needs and developed a plan of action to address these challenges. Each group made a presentation on what they saw as a need in the community and what their group wanted to do to fill the needs identified.
Special thanks and appreciation go to the parents that helped to provide the meal, as well as our two speakers Michael Lichtmacher and Jose Aliseda. In addition, Conoco Phillips, DCP, Alamo Lumber and Bill Mixon of Futurity First all assisted with supplies and support to make the day a success.
The John Ben Shepperd Student Leadership Forum is a program of the John Ben Shepperd Leadership Institute, a program of The University of Texas of the Permian Basin. The JBS Student Leadership Forum is a one-day program designed to: 1) engage students in activities and discussions on the various styles and characteristics of Leadership, 2) to engage in activities and discussions on the various methods of communications; 3) To teach students a method of planning a goal; and 4) to involve students in planning a realistic community service project.


text:
Military Capelet
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- Length: 28" from shoulder.
Read more… Read less…


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Ice fishing
HURLEYVILLE, NY — The Hurleyville Fire Department, in cooperation with the Town of Fallsburg Youth Commission, will hold its 23rd annual ice fishing contest on Saturday, February 12 on Morningside Lake off of Brickman Road from 7 a.m. to 3 p.m. Registration will take place the day of the contest at the lake, and costs $5 for adults and is free for those 15 and under.
Refreshments and bait will be available. Holes will be drilled for those who need them. There will be an adult and youth division with trophies for first, second and third in the following categories: perch, pan fish, bullhead, walleye and pickerel. All fish must be legally caught and of legal size.
There is also a special firemen's contest, with the Rich Farquhar Memorial Chief's Cup going to the top firemen's fishing team. Call 845/436-5418.


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Does anyone know how breastmilk compares to formula in terms of how much a baby needs? I'm reading here and on Kellymom that my 5 month old would need somewhere between 19 and 30 oz of breastmilk. My lactation consultant told me he needs about 45 oz of formula. He's a big 18 pound boy. That seems like a HUGE discrepancy and seemingly contradictory as I would have guessed that babies would need to eat MORE breastmilk since it's digested faster.
Can someone please help me understand this? My baby is currently on a nursing strike and I'm trying desperately to figure out if it's because I just suddenly slowed down a lot and no longer have enough for him (which it certainly feels like) or because I just finally regulated and he doesn't want to work for a letdown (I had big o/s problems in the beginning and he's used to milk just pouring into his mouth.
I've still been able to get him to nurse at least once in the middle of the night until last night. He tried hard but couldn't get my milk to let down for several minutes and quit. I was devastated. So I've been EP all day and will probably end up with somewhere between 27-31oz for the 24 hour period. That seems like it should be enough (according to what I read here), and so far today he's sleeping and acting pretty normal eating what I've pumped without any supplements, although his diapers are not as wet as they used to be. Still getting at least 6, but not peeing through to his clothes anymore And 27-31 is still a far cry from 45 oz. My breasts feel empty all the time and let down is taking longer and longer the more days I'm pumping instead of nursing.
I want to solve this riddle and any help would be WONDERFUL!!
Please forgive me if this posted more than once. Either the computer or the website is being WEIRD right now.


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2008 FutureAngels.com Top 10 Prospects Report
The 2008 FutureAngels.com Top 10 Prospects report is now online at the FutureAngels.com web site. Click Here to read the report.
The list:
- Will Smith LHP
- Jordan Walden RHP
- Mark Trumbo 1B
- Hank Conger C
- Nick Adenhart RHP
- Ryan Chaffee RHP
- Peter Bourjos OF
- Kevin Jepsen RHP
- Matt Brown 3B-1B
- Luis Jimenez 3B
Please feel free to post your comments here.
1 Comment
hey thanks for the list. i enjoyed reading it. i like how you analyze the prospects in the Angels organization. thanks again.


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Military and university police carry evidence out of Roosevelt Hall on Wednesday at Eastern New Mexico University after a search for explosive materials. The military unit used robotics to aid in the investigation. (Freedom Newspapers: Leslie Spence)
By Andy Jackson: CNJ staff writer
PORTALES — An Eastern New Mexico University chemistry student was arrested by Portales police at his home Wednesday night, hours after officials evacuated an ENMU science building following a bomb scare.
No injuries were reported, but law enforcement officials said explosive chemicals were removed from the building.
Joshua Gilpin, 28, an ENMU graduate student, is charged with possessing an explosive incendiary device, tampering with evidence and larceny, officials said.
He was in the Roosevelt County Detention Center on Wednesday night. Bond was set at $25,000 cash only.
University officials said a professor spotted four suspicious packages in Roosevelt Hall and notified police about 9 a.m. Wednesday.
Teachers and students in Roosevelt Hall, a building made up of chemistry and biology labs, classrooms and offices, were then told to leave the building, according to ENMU President Steven Gamble. Three nearby buildings were also closed until officials removed sealed containers from Roosevelt Hall, Gamble said.
Ordnance disposal experts from Cannon Air Force Base were called to the scene and recovered the packages. The Cannon team x-rayed and opened the cans, according to court records.
An agent from the U.S. Bureau of Alcohol Tobacco Firearms and Explosives confirmed that three chemicals found would make an explosive device: sulfur, potassium nitrate and red phosphorus, court records show.
The buildings were reopened by 1 p.m. and classes resumed.
Chemistry professor Juchau Yan said all seven of his graduate and undergraduate students were present for his lecture at 1 p.m. on Wednesday in Roosevelt Hall. The bomb scare, Yan said, "Didn't affect me."
Police made contact with Gilpin on Tuesday morning after receiving a report of a "suicidal subject." Gilpin told police he had discussed shooting himself with a rifle. He was arrested after officers found marijuana plants in his apartment.
Police spoke with a teacher and a student later Tuesday who said Gilpin was "experimenting with hazardous materials in the making of fireworks or explosive devices," according to an arrest warrant affidavit. The allegation led to a search of Gilpin's home on Tuesday night. But police said they did not find any explosive chemicals during their search of Gilpin's home Tuesday night.
Portales Police Capt. Lonnie Berry said officials believe Gilpin took chemicals from a university lab, then returned them to the lab.
Officials from Cannon, the Roosevelt County Sheriff and Fire Departments, Portales Police Department, New Mexico State Police Department and ENMU Police Department all responded to the threat, Gamble said.
Gilpin could face up to 4 1/2 years in jail if he's convicted of all charges, 9th Judicial District Attorney Matt Chandler said.
Here is a timeline of events related to Wednesday's arrest of an Eastern New Mexico University chemistry student:
• 1:30 a.m. Tuesday: Portales police were summoned to Joshua Gilpin's home in the 300 block of East Juniper "in reference to a suicidal subject." Gilpin told police he had discussed shooting himself with a rifle, though his motive was not clear in police records. During the welfare check, police spotted two marijuana plants in Gilpin's home, according to a police incident report. Gilpin was arrested for possession. Police also noticed that Gilpin had chemical vials and beakers in his kitchen, according to court records.
• 7 p.m. Tuesday: Portales police carried out a search warrant of Gilpin's home to look for explosive material. A university staff member and student told police Gilpin was "making and experimenting with fireworks or explosives," according to the search warrant affidavit. No explosive chemicals or devices were found in the search of Gilpin's home, court records show.
• 9 a.m. to 1 p.m. Wednesday: Roosevelt Hall on the ENMU campus was evacuated and police removed sealed cans filled with chemicals, ENMU President Steven Gamble said. Ordnance disposal experts from Cannon Air Force Base x-rayed and opened the cans, according to court records. An agent from the U.S. Bureau of Alcohol Tobacco Firearms and Explosives confirmed that three chemicals found would make an explosive device: sulfur, potassium nitrate and red phosphorus, court records show.
• 5 p.m. Wednesday: Gilpin was booked at the Roosevelt County Detention Center, charged with possessing an incendiary explosive device; tampering with evidence and larceny. He is accused of moving chemicals from his home to Roosevelt Hall and stealing chemicals from Roosevelt Hall, Portales Police Capt. Lonnie Berry said.


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Enviro. Group Pushes Climate Action in Obama's 2nd Term
While a debate over new gun control seems certain to overshadow the early days of President Obama's second term, a prominent environmental group in Washington is seeking to keep action on climate change firmly on the agenda. The National Resources Defense Council (NRDC) cites three new reports, which confirm that: · We've just completed the hottest year on record across the continental United States, and that wound up our hottest decade ever; · Climate change poses a grave and gathering threat to our future; · We can act now, as a nation, to do something about it, by cleaning up our power plants, the single largest source of the industrial carbon pollution that is throwing our climate into a dangerous … Continue reading


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December 18, 2013
HSUS Photography
Register for The Humane Society of the United States' Photographer Directory and join us in our efforts to improve the lives of animals worldwide.
December 18, 2013
Kind News Resource Room | Supplements to the December 2013/January 2014 Issue of Kind News
Resources to supplement the Dec. 2013/Jan. 2014 ssue of Kind News, our magazine for children in grades K-6.
December 16, 2013
Taking Action to Stop Dogfighting
Here are some steps you can take to stop dogfighting.
December 3, 2013
Veggie Club Sandwich
This vegetarian club sandwich will make any lunch a bit special. Serve it with fries or chips and a pickle spear for the full club sandwich experience.
November 29, 2013
Out in the Cold: Make Your Yard Safe for Wildlife This Winter
Help your local wildlife by making sure your holiday decorations are safe and animal-friendly, and share the holiday love by offering a few basics—food, water, and shelter—to get them through the winter.
November 27, 2013
Cat Care Essentials
People assume their pet cats are independent, but they count on people to provide food, water, safe shelter, veterinary care, a clean litter box, love, and more. These are essential to having a healthy, happy cat.
November 26, 2013
Media Contacts
The public relations department is available to assist reporters with stories and facilitate interviews with HSUS spokespeople. Non-media related inquiries should be directed to firstname.lastname@example.com.
November 26, 2013
Introducing Your New Dog to Your Other Dogs
From "the leader of the pack" to "the top dog," plenty of simplistic metaphors come from the canine world. But relationships between canines can be pretty complex, beginning with the very first meeting.
November 22, 2013
Wheat-Free Apple Crunchers
This easy recipe for homemade dog biscuits contains oats, applesauce, peanut butter, and other goodies to tempt your pooch.
November 20, 2013
During the Season of Giving, Don't Forget Needy Pets
The holidays are an important time to expand your charity to include needy pets and their families. Take part in The HSUS's Fill the Bowl Project.
November 20, 2013
What to Do About Wild Turkeys
Once a rare sight, wild turkeys are now commonly found in urban and suburban areas, where they're not always welcome. But killing problem turkeys is not the answer. There are more effective, non-lethal ways to get rid of unwanted wild turkeys.
November 20, 2013
Animal Research Facilities: Georgia
A list of animal research facilities located in Georgia and regulated by the United States Department of Agriculture with links to annual reports and inspection reports.
November 19, 2013
New Jersey Still Needs a Vote to Ban Cruel Gestation Crates
Even after Gov. Christie vetoed a popular bill to outlaw cruel gestation crates for mother pigs, the people of New Jersey can win the issue by asking for another vote.
November 15, 2013
Traveling with Your Pet: What to Pack and How to Prepare
Make trips with you pet safer and happier with preparation and a few basic supplies.
November 15, 2013
Thank You for Pledging to Protect Seals!
Thank you page for chefs or restaurant professionals who sign the pledge to boycott Canadian seafood
November 15, 2013
Canadian Seafood Boycott Highlights
The Humane Society of the United States implemented a boycott of Canadian seafood in an effort to end the Canadian commercial seal hunt once and for all.
November 15, 2013
Old Dogs (and Cats), Still Great Tricks
Why adopt an older pet? Start with two reasons: Mature dogs will have probably gone through some basic obedience training, and adult cats are more likely to be litter-box trained. Read our other reasons.
November 15, 2013
Sweet Potato Jerky for Dogs
Give your dog a treat by fixing this recipe for homemade sweet-potato jerky.
November 13, 2013
Join the Boycott to End the Slaughter
The close ties between commercial fisheries and the seal hunt makes a boycott of Canadian seafood products the logical next step in ending the seal hunt.
November 13, 2013
Questions and Answers About Dissection
The HSUS provides answers to frequently asked questions about the use of animals in dissection
November 13, 2013
Canadian Seafood to Boycott
By boycotting common Canadian seafood such as snow crabs and lobster, you can help end the Canadian commercial seal hunt.
November 13, 2013
Traveling with Your Pet to Hawaii, Canada, or Mexico
Learn what to do to make your pet's trip to Hawaii, Canada, or Mexico safe.
November 13, 2013
Dissection Campaign Packet
Our Dissection Campaign Packet will help you teach others about the dissection issue, as well as the need to replace the practice of killing and cutting up animals for education with effective, humane alternatives.
November 13, 2013
Student Action: Choose Virtual Dissection!
Millions of frogs, turtles, cats, mice, rats, fish, and other animals are used in school dissection exercises every year. Yet a majority of students feel they should be given a choice or alternative when it comes to dissection. If you object to dissection, here's what you can do.
November 13, 2013
Grocery Stores and Businesses Boycotting Canadian Seafood
Grocery stores and seafood companies that support the Canadian seafood boycott


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Spider-Man: Web of Shadows News
Displaying 1–14 of 14 articles
Sessler's Soapbox: Adam Sessler's Crystal Ball
A New Year brings us many things; resolutions you will never keep, sales that don't really save you any money, and predictions for the next year that hardly ever come true. Enter Adam Sessler! Joining in with the rest of the games journalism community, Adam has decided to dig deep into that giant brain of his and predict what he thinks will...
Analysts Predict Holiday 2008 Flops And Bombs
Gamasutra posted an interesting article in which it interviewed industry analysts on which games will "miss" in the 2008 holiday season. Given the huge glut of titles typically available at the end of the year, there are always good and/or high-profile games that lose out. Given current economic conditions, games that were once viewed...
X-Play's 'Spider-Man: Web of Shadows' Review
Morgan Webb runs the latest wall-crawler outing Spider-Man: Web of Shadows from Activision, through the X-Play Review machine. Does this multiplatform web-slinging action game have what it takes to bring the Spider-Man franchise out of the doldrums of the video gaming basement? Find out in X-Play's full written review here, and check out the...
Two Exclusive 'Spider-Man: Web of Shadows' Videos
Activision Senior Executive Producer Graham Fuchs was nice enough to stop by the G4 offices to get us an exclusive look at Spider-Man: Web of Shadows, the upcoming comic book brawler releasing for the Xbox 360, PS3, and PC. Companion versions will hit the DS, PSP, PS2, and Wii. In the first video, Graham talks about a lot of the gameplay design...
New 'Spider-Man: Web of Shadows' Full-Length Launch Trailer
You think you've got it bad? Spidey takes a rare moment for himself before diving head-long into the chaos that is Spider-Man: Web of Shadows. Heroes and Villains alike have been affected by the alien Symbiote and it's up to you to sort out the entire mess. Test your heroic fortitude with all the challenges Activision and Treyarch have in...
New 'Spider-Man: Web of Shadows' Teaser
Huge workloads weighing you down? This wall-crawler can relate as Spidey takes an emo moment for himself as he pauses before jumping head-long into the symbiote-riddled fray called Spider-Man: Web of Shadows. The pressures of being a super-hero can be yours October 21st on the PS2, PSP, PS3, PC, Wii, DS and Xbox 360. Spider-Man: Web of...
New 'Spider-Man: Web of Shadows' Media, Tricia Helfer Talks About Black Cat
Actress and Cylon Tricia Helfer talks about her role as Black Cat in the new Activision game Spider-Man: Web of Shadows. The game, which will be available on all major platforms including the PS3 and Xbox 360, will pit Spidey against an alien attack. Watch Larger Version | Watch HD Version You can also check out the newest screenshots...
'Spider-Man: Web of Shadows' Trailer
Peter Parker's symbiotic swing in Spider-Man: Web of Shadows shows off its latest trailer. The symbiote that has taken over Spidey's arch nemesis, Venom, has gone rampant but that's not entirely a bad thing. Why? Because it's damn nerd-tastic to see Wolverine in a whole new perspective: Adamantium and symbiote unite! Watch Larger Version...
Activision Press Conference Rundown From Leipzig
We're in a sort of mock theater environment at Activision's presser here in Leipzig, with a raised podium, and by the amount of people who were eagerly waiting to be let in a half-hour before it begins, this stands to be quite the Wednesday event here in Leipzig. 1:55PM - Tricia Helfer, voice of Black Cat in Spiderman: Web Of Shadows welcomes...
New 'Spider-Man: Web of Shadows' Comic Con 08 Trailer
Even with Wolverine's help, Spider-Man has the odds stacked against him in Activision's Spider-Man: Web of Shadows for the: PSP, PS2, PS3, Wii, DS, Xbox 360 and PC. This web-slinging action game releases on October 21st except for the PC and Nintendo DS version which release earlier on October 1st. Spider-Man: Web of Shadows Comic Con 08...
'Spider-Man' Web of Shadows Details
In our opinion, there has never been a great Spider-Man game. There have been some good one (and some lousy ones) but never a great one. Perhaps all that will change when Activision's Spider-Man Web of Shadows comes out. According to Activision, Web of Shadows is combat heavy, with ground and air based fighting as well as web-slinging. The game...
Activision Press Conference Report
Activision, having left the ESA, decided to hold a completely non-E3 related press conference a mile away from the Los Angeles Convention Center. Remember, this has nothing to do with E3… nice try, Activision. It's an E3 press conference. It was held at an old church in downtown LA that has been converted into an open-bar sporting,...
New 'Spider-Man: Web of Shadows' Behind the Scenes
Go behind the scenes with developer Shaba Games, as they take a look at combat in SpiderMan: Web of Shadows, an action game due out in October for the Wii, DS, Xbox 360, PS2, PS3, PSP, PC. Click the Spiderman: Web of Shadows trailer below Watch Larger Version of this Video
Spider-man Gets New Game This August
Activision has officially announced the next Spider-man game. It will be called Spider-man: Web of Shadows and appear on virtually every console ever including DS, PSP, PC, PS2, PS3, Wii, and 360. This should come as no great surprise as there had already been rumors swirling, but to hear it's official is calming. They haven't said much about...
Articles 1–14 of 14
Best Superhero Video Games Of All Time
21,791 Views | 03:01
Sessler's Soapbox: Adam Sessler's Crystal Ball
24,292 Views | 05:11 | 7 Comments
Spider-Man: Web of Shadows Review
35,817 Views | 02:17 | 25 Comments
Exclusive Spider-Man: Web of Shadows Producer Interview
9,387 Views | 06:33
Exclusive Spider-Man: Web of Shadows Producer Commentary
14,689 Views | 08:32


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nick offerman
Racy Racy Reddit: Not Even a Little Safe For Work
Image from: Aghast Lady / Shutterstock The fame. The infamy. The Reddit. Recently Obama joined the noted list of Reddit 'Ask Me Anything' hosts, but perhaps the site isn't the most…appropriate venue for a candidate vying for reelection. According to Wikipedia, Reddit.com is a "social news website where the registered users submit content." Posts can be voted "up" and "down" by users, creating the hierarchical ranking of posts on the


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Cubs Top GM Prospect Only Six Years Old!
Go ahead, give him the keys, Fan Boy! Sounds like he has some pretty solid ideas!
Happy Saturday!
3 Comments
I think he's adorable!
Go ahead, give him the keys, Fan Boy! Sounds like he has some pretty solid ideas!
Happy Saturday!
Imagine him trying to work out a deal on the phone? 'We'll trade….tra…..tra…..we'll trade…..tra……we'll….we'll….." The other GM will just get frustrated and say 'screw it, just take out best player and leave me alone."
At the very least, he couldn't make things worse in Chicago.
Exactly. Couldn't make things worse!
I think he's adorable!
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Putney film series offers popcorn and psychologyBy Kevin OConnor
Staff Writer | December 09,2013Kevin OConnor / Staff Photo
Dr. Martha Straus, a clinical psychologist, and her cousin Billy Straus, president of the nonprofit Next Stage Arts Project in Putney, are collaborating on this months Dysfunctional Family Film Series.PUTNEY Last Thursday, 18.5 million Americans gathered around the glow of a live theatrical telecast of The Sound of Music. Then there was the smaller number that huddled in the dark at this towns Dysfunctional Family Film Series.
Dr. Martha Straus is a clinical psychologist and professor at Antioch University New England Graduate School. Her cousin Billy Straus is a music producer and president of the nonprofit Next Stage Arts Project in Putney. Together theyre presenting a periodic ShrinkRap series, mixing movies with audience discussions about mental health and well-being.
My thinking was to have people see films through a psychological lens, Martha Straus says.
Thats why, as most people spend December watching commercial-laden specials about the true meaning of Christmas, the 2,702-resident town of Putney is screening films about adultery, addiction and Woody Allen.
At the moment, you dont believe in God now why do you think youd like to convert to Catholicism? a priest told Allens character last week during a screening of the 1986 Academy Award-winning comedy Hannah and Her Sisters.
Straus began the series last year with movies showing Hollywoods take on her profession.
Therapists are portrayed in film as offbeat or odd, she says.
Take The Wackness, with Ben Kingsley as a counselor who smokes marijuana with a teenage patient. Or Carefree, with Fred Astaire as a dancing psychiatrist. Or Analyze This, with Billy Crystal helping an anxious mobster.
This Decembers series turns the spotlight on the rest of society.
My practice is bursting at the seams right now, Straus says. Dysfunctional families and the holiday season go together.
Last weeks kickoff Woody Allen film depicted characters sitting down for three successive holiday meals as they chewed over issues of attachment and addiction, competence and relationship challenges.
People are invited but not required to stay after the film to debrief, Straus told the audience at the start.
ShrinkRap is just one of several arts initiatives taking place at Next Stage, a 160-seat performing arts space housed in the 172-year-old former Putney Federated Church. The film series will continue Thursday at 7 p.m. with the 2005 divorce drama The Squid and the Whale ($5 is the suggested donation).
For all of the sadness and struggles on screen, Straus believes life holds the possibility of a happy ending. Take the conclusion of last weeks presentation, in which Allen walks into a movie house thats playing the Marx Brothers classic Duck Soup.
Im watching these people up on the screen and I started getting hooked on the film, Allen says. And Im thinking to myself, Jeez, I should stop ruining my life searching for answers Im never gonna get, and just enjoy it while it lasts.
@rutlandherald.comMORE IN NewsNarration and audio production by RH Alcott Full StoryNarration and audio production by RH Alcott Full Story
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text: The Royal Oak Public Library is pleased to announce that wireless access to the Internet is now available in and around the Library! The wireless signal is accessible in all public areas of the Library. In addition, if you bring a laptop and Ethernet cable to the library, you may connect via one of the many Ethernet floor ports in the public areas of the Library. You will be asked to agree to abide by the terms of the Royal Oak Public Library Internet Access Policy.


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Product Description
- A must-have collection of vintage live BBC recordings from 1970, '71 & '76 of the band championed by renowned BBC DJ John Peel, Curved Air!
- Features the British prog rockers' signature songs including "It Happened Today," "Vivaldi," "Young Mother" and more!
- Includes performances by Stewart Copeland (later of The Police) as well as a personal remembrance written by Copeland for the liner notes!


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Who's in the '27 club?'
Published On: Jul 23 2011 07:41:32 PM PDT
Influential musicians died at same age
The July 2011 death of Amy Winehouse, who was 27 years old, brought up questions about the so-called "27 Club," a group of influential musicians who died at the age of 27.
The views expressed are not those of this company or its affiliated companies. By posting your comments you agree to our Terms of Use.


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The Stranraer Mad Site Map
Index page / site map of all the features of the site including recent additions
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|Saturday, 17th September 2016: Stranraer 3-2 Albion- Match Report
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|Football Quiz
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|Need to get to the ground? Then check out just exactly how to find us here.
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"This show is a huge part of my conversion. I've learned more from it in six months than I had in my twelve years of Judaism and 30-plus years of atheism. Your answers always have a solid foundation and the show is inspirational."
"Your threats do not terrify us, for Christ is our life, and death is our gain."


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This prestigious program is the ONLY Low Residency MFA in the country that is dedicated exclusively to Illustration. We stress personal growth and entrepreneurship.
The interaction between the faculty and the students, and the student's interactions with each other is the magical part of being a member of our 'family'.
Begin your studies at the Hartford Art School then travel to various cities across the United States to meet with leading Illustrators and Illustration Entrepreneurs.
Develop your thesis, an exciting self-initiated capstone body of work, and exhibit it in the Hartford Art School Joseloff Gallery. Invite guests and clients to the artist's reception.


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Schools Fall Behind In Helping Students With Mental Health Issues
By editor • Feb 16, 2014
Originally published on February 16, 2014 11:44 am
A recent Newsweek investigation found that at many colleges and universities, being open about a mental health disorder can mean getting kicked out of school. Newsweek reporter Katie J.M. Baker speaks with NPR's Rachel Martin about the story.


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Each chapter of Ender's Game opens with a conversation between the government officials who are responsible for...
(The entire section is 1687 words.)
Each chapter of Ender's Game opens with a conversation between the government officials who are responsible for...
(The entire section is 1687 words.)
Opening Section
Two unnamed people argue with each other. The first says that someone—a person called only "he"—will help them save the world. The second speaker disagrees, saying that he is weak, too willing to do what others want. Eventually the second speaker gives in; the first speaker can do what he wants.
Main Narrative
Andrew "Ender" Wiggin is in the doctor's office. A woman says she is going to take a monitor out of the back of his neck. Ender hopes that once the monitor is gone, his brother, Peter, will stop hating him. Peter will still bully Ender but will stop being jealous that Ender kept the monitor longer than he did.
The doctor does something that causes Ender extreme pain. Ender thrashes and falls off the examining table, then finds he cannot remember how to speak. The doctor is disgusted that the monitor stayed in Ender's neck for three years, a period of time that is normally considered much too long. The doctor says the removal could have killed Ender.
Ender goes to school. In the classroom, the girl behind him quickly notices that his monitor is missing. Ender receives a message on his electronic desk. It says, "Third." This is an insult because Ender is the third child in his family. Families are only allowed to have two children. Even though the government specifically authorized Ender's birth, the kids in Ender's class treat him as a freak.
When school is over, Ender waits in his classroom. He knows bullies will be waiting to taunt him and possibly hurt him now that the monitor no longer records everything he sees and hears. This prediction is correct. A boy from his class, Stilson, is waiting with several friends. A couple of kids grab Ender and hold him. Ender does not panic. Instead he laughs. "You mean it takes this many of you to fight one Third?" he asks.
The kids let go so that Ender and Stilson can to fight one to one. Ender kicks out, and Stilson falls. Ender knows that the other kids will continue to bully him if he does not scare them now. Although he knows it is cruel, Ender kicks Stilson several more times while Stilson is on the ground. Ender tells the other kids he will do worse to them if they come after him.
After he wins the fight, Ender hides alone and cries. He thinks, "I am just like Peter."
Opening Section
A speaker says he needs to see what Ender will do to his brother now that the monitor is off. A second speaker worries that Peter will hurt Ender. "We're going to screw him up," this second voice says. The first speaker does not argue; he merely says that screwing Ender up is his job.
Main Narrative
Ender arrives at home. His sister, Valentine, says she is sorry his monitor was removed. Peter, however, is angry. Peter only kept his own monitor until he was five, and Valentine had hers removed at three. It infuriates Peter that Ender was monitored until the age of six. "He almost made it, little bastard, little bugger," Peter says.
Peter demands that Ender play buggers and astronauts with him. Peter claims the role of astronaut and tells Ender to be the bugger, a member of the alien race that once attacked Earth. Ender agrees even though the bugger in this game always gets hurt.
Ender puts on a mask that makes him look like a bugger. Peter hits Ender, knocks him over, and kneels on his chest. Ender knows that Peter may want to kill him. Peter claims he will do exactly that so their family will no longer be shamed by having three children.
Valentine comes to Ender's rescue, saying that she will tell on Peter if he kills Ender. Peter threatens to kill her too, but Valentine has already planned for that eventuality. She has a secret letter on file at the public library saying Peter is a murderer. Peter lets Ender up, laughing and claiming it was all a joke. Ender shows off Stilson's blood on his shoe, hoping to scare Peter, but Peter is unimpressed.
When Ender's father sees that the monitor is gone, he acts thrilled. He exclaims at how lucky his family is to have three children and to be allowed to keep all of them. Ender thinks these words are not true. He knows it would be less inconvenient and less embarrassing for his parents if they only had the normally allotted number of kids. Ender is sorry for his parents' sake that the government took out the monitor and did not take him away.
That night Peter comes to stand over Ender's bed. Ender looks for a weapon in Peter's hand but does not see one. Peter whispers that he is sorry and then climbs into his own bed. Ender cries himself to sleep.
Opening Section
Two voices discuss Ender's sister. One says Valentine is a problem because Ender loves her and may not want to leave her behind. The other speaker seems confident that Ender can be tricked into leaving home. If tricks do not work, the second speaker says, it is always possible to tell Ender the truth.
Main Narrative
At breakfast, Ender cannot eat. He worries about facing Stilson and Stilson's friends at school. Around him, his family bickers good-naturedly. Suddenly the table beeps, signaling that someone is at the door.
Ender's father checks the door's video surveillance and sees a member of the International Fleet waiting...
(The entire section is 639 words.)
Opening Section
A voice, presumably that of Colonel Graff, explains that Ender must be isolated from his peers. This will force him to excel and lead. Graff promises to separate Ender from the rest of the boys by the time he arrives at school. A second voice muses that Graff seems to enjoy breaking kids down. Graff does not quite agree, but he says that the kids are better people by the time they put themselves back together again.
Main Narrative
Ender lines up with a group of boys to board the shuttle to Battle School. The other boys talk and laugh amongst themselves, but Ender does not join in. He sees adults watching everything the boys do, and he knows they...
(The entire section is 534 words.)
Opening Section
Colonel Graff claims it was an accident that Ender broke another child's arm in the shuttle. Graff thought Ender would ask for help. The other man says it is good that Ender relies on himself. When Ender fights the buggers, he will not be able to call for help. Graff and the other man agree that Ender will be ruined if he ever comes to believe adults will help him with his problems.
Main Narrative
Ender enters his new dormitory and discovers that everyone else has already chosen a bunk. He is left with the bottom bunk by the door. Ender worries that others will see him as weak if he meekly accepts the worst spot in the room. He pretends to be...
(The entire section is 822 words.)
Opening Section
An unnamed person complains that Ender is determined to ice out of Battle School in a few months. According to him, Ender's whole launch group is ruined. They mention that Ender is stuck in a game called the Giant's Drink. The first speaker orders Graff to wait and see what Ender does with the group, although Graff wants to do something else. Graff suggests that the owner of the voice take care of the International Fleet instead of meddling at Battle School. "The fleet is looking for a battle commander," the first voice says. "There's nothing to take care of until you get me that."
Main Narrative
For the first time, the boys...
(The entire section is 603 words.)
Opening Section
Two officials discuss Ender's progress. One claims that Ender must be a monster because of what he did to the Giant. The other, who is probably Colonel Graff, points out that it is a good sign to see Ender win a game that couldn't be won. Graff says that Ender will soon have to move on. The other voice agrees but asks Graff not to hurt Ender any more than necessary.
Main Narrative
Several weeks have passed, and Ender still refuses to admit that he sent the message signed with Bernard's name. However, Alai knows Ender must have been responsible. After teasing Ender about it, Alai asks for help setting up a computer security system. Ender...
(The entire section is 783 words.)
Opening Section
Colonel Graff has ordered Major Anderson, who runs the games the boys play at Battle School, to brainstorm ways to make battles unfair. Anderson protests, saying the game will be ruined for all the boys if the teachers rig the battles. Graff insists, saying they need to give Ender the hardest possible challenges in order to bring out the boy's genius.
Main Narrative
Ender finds himself a part of Rat Army, with a boy called Rose the Nose as his new commander. Ender reports directly to Dink Meeker, who is a subofficer called a toon leader. Ender is still practicing on his own with launchies every day. Rose the Nose orders Ender to stop, but Dink...
(The entire section is 456 words.)
Opening Section
Colonel Graff argues with Major Imbu, another teacher at Battle School. Graff is appalled that the computer showed Ender a picture of Peter in the mirror. He wants to know why the game showed that image. Imbu has no explanation; he says that the computer is making up Ender's training as it goes along. Graff finds this comforting because he is doing the same thing.
Main Narrative
Back on Earth, Valentine celebrates Ender's eighth birthday by lighting a small fire and imagining that Ender, in outer space at Battle School, can see the smoke. Valentine and her family now live in the wilderness of North Carolina. She knows her parents hope that...
(The entire section is 808 words.)
Chapter Opening
Colonel Graff tells Major Anderson that it is time to make Ender a commander. Anderson says Ender is a top candidate even though he is a year and a half younger than usual. Still, Anderson is reluctant to change Ender's life when Ender finally seems content. Graff refuses to act out of compassion. He sends Anderson to get the boy.
Main Narrative
When Anderson comes for him, Ender knows immediately that he is being promoted to commander. He will lead Dragon Army, a name he has never heard before. Anderson explains that the name was discontinued four years ago because the boys got superstitious about it. In the history of Battle School, no Dragon...
(The entire section is 418 words.)
Opening Section
Graff protests against the grueling schedule of battles Anderson has prepared for Ender's Dragon Army. Normally soldiers get three months before a battle and then have only one battle every two weeks. Anderson wants Ender to do much more, but this may wear Ender out beyond the limits of his abilities. Anderson says a computer created the difficult schedule and predicted that Ender would do best under these harsh conditions.
At the end of the conversation, the two men discuss recent news that Russia and America want to destroy each other as soon as the battle with the buggers is finished. Both men are incredulous. Graff jokes that humanity may not be worth saving.
(The entire section is 829 words.)
Opening Section
General Pace, a member of the military police, says that some teachers think Colonel Graff is neglecting a "potentially lethal" situation. Pace has heard that Bonzo Madrid and several other boys are conspiring to beat up Ender Wiggin. When Graff says he must stand by and do nothing, Pace is incredulous. Graff insists that Ender must believe that adults will never rescue him from any problem, no matter how large. Reluctantly, Pace agrees to go along with Graff's plan.
Main Narrative
At practice in the battleroom, Ender watches Bean experiment with a strong, thin string. Bean figures out how to use the string to change direction in midair, and...
(The entire section is 656 words.)
Opening Section
The International Fleet has discovered that Demosthenes and Locke are pseudonyms for Peter and Valentine Wiggin. In a discussion, two officials decide not to reveal this knowledge to the public. They fear that the Russians will think there is an American plot to use the Wiggin children to gain power. They agree to leave the children alone, at least for now.
Main Narrative
Valentine enjoys being Demosthenes. She likes having power and prestige even though she is still a child. There are downsides, however. It upsets her that Father likes Demosthenes's columns. It also scares her when Peter gets jealous: Demosthenes continues to get more attention...
(The entire section is 453 words.)
Opening Section
Admiral Chamrajnagar berates Graff for taking so long to bring Ender to Eros. The war is approaching quickly, and every moment of preparation is precious. As Graff and Chamrajnagar talk, Graff reveals that he owns nothing and cares for little except his students.
Main Narrative
Ender hates Eros, a small asteroid full of tunnels, which all seem to be the wrong size. Many other students live on Eros, but the teachers keep Ender totally isolated. Ender does not complain; he knows it will do no good.
For a year, Ender is drilled on a game called the simulator, "the most perfect videogame he had ever played." The simulator reacts to...
(The entire section is 968 words.)
Main Narrative
Graff sits with Anderson by the lake Ender once visited. Graff has been on trial for the way he treated his students in preparation for the war. He was acquitted, and now he has no plans for the rest of his life.
Ender remains on Eros, marooned there by politicians who feel his political influence would be dangerous on Earth. He helps with efforts to prepare massive groups of human colonists to embark for the now-empty bugger worlds. One by one, Ender's friends leave, and he is alone again.
One day Ender is surprised to find Valentine waiting for him. She has decided to immigrate to the bugger worlds, and she wants Ender to come along. Peter, she says, is now a...
(The entire section is 565 words.)
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Montpelier Police Log: Loose dog makes the roundsJanuary 29,2013
The following is a sampling of reports recently made to Montpelier police.
Jan. 22
A two-vehicle accident occurred around 6:10 a.m. on Berlin Street in front of the Citgo gas station.
A Barre man reported his vehicle had been stolen from a parking lot in October and then returned there that same day while he was playing golf. He was reporting the theft now for insurance purposes because his vehicle was allegedly involved in fleeing the scene of an accident in Barre at that time, police said.
Jan. 23
A two-vehicle accident occurred around 7:55 a.m. near Bingham and East State streets.
A two-vehicle accident occurred around 10:30 a.m. near 265 River St.
Jan. 24
A Baldwin Street neighbor was yelling and making threats.
A shepherd-mix dog was running loose around 9:40 a.m. on Main Street.
The same shepherd-mix dog was running loose around 10:55 a.m. near a Towne Hill Road residence.
Items were stolen from a parka that wasnt secured in a locker at First in Fitness. The missing items included a set of keys, an Ibex brand merino wool hat with orange and gray stripes and a tassel, Ibex brand black-and-gray gloves, a black leather wallet that contained credit cards and an identification card.
A man was staggering around drunkenly in a Barre Street driveway around 9:45 p.m.
Jan. 25
A vehicle with lights on, considered suspicious, was at a house for sale around 2:05 a.m. on Berlin Street.
A car parked near the Hunger Mountain Coop had its window smashed around 7:05 a.m.
Onion River Sports reported a shoplifting incident.
The same shepherd-mix dog was running loose near a Foster Street residence.
A blue Ford Ranger bumped into two parked vehicles on Main Street.
A car hit a deer around 5 p.m. near 273 Berlin St.
Jan. 26
A man was lying in a drive-through around 1:05 a.m.
A man was seen urinating around 1:40 a.m. near Elm and Langdon streets.
A white van drove by the State Street heating plant very slowly around 2:55 a.m.
A Mechanic Street resident heard an animal in distress around 11:35 p.m. across the river.
Police also arrested Matthew P. Bray, 32, of Brookline, Mass., on a charge of lewd and lascivious conduct Jan. 22. Police said Bray exposed himself at a Bethany Church soup kitchen.MORE IN Central VermontMIDDLEBURY According to WebMD, Dystonia is a movement disorder that causes a persons muscles ... Full StoryTiffany Briggs and Kayla Jackson eyed each other across the table, clasped hands, and then it was... Full StoryMARLBORO Police are investigating a burglary on Higley Hill Road. Full Story
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Gunslinger Doc Holliday dies, the X-ray is discovered by accident, John F. Kennedy is elected president, and the Florida recount begins, all on this day.
1927: Singer and actress Patti Page, one of the most successful female recording artists of all time, is born Clara Ann Fowler in Claremore, Oklahoma. She was the best-selling female artist of the 1950s and sold more than 100 million records off the strength of hits such as "Tennessee Waltz," "With My Eyes Wide Open, I'm Dreaming," "All My Love (Bolero)," "I Went to Your Wedding" and "(How Much Is That) Doggie in the Window." Page died at age 85 on Jan. 1, 2013.


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La Villa chipped away with a run in each of the first 3 innings. TR got on the board in the second with Sara Saenz scoring after a Carle Straube double, but the Lady Bulldogs really woke up in the bottom of the 3rd as Briana Ruiz started off the inning with an infield single then took second base after a bad throw by the Cardinal shortstop. Ruiz would later score on a Saenz hit and Haley Hinojosa walked and Savannah Lopez was hit by a pitch to load the bases. Alexis Saenz then advanced the runners on a ground out as Sara Saenz came in to score. Centerfielder Haleigh Garcia then smacked a double to left center to score Hinojosa and Lopez to give the Lady Bulldogs their first lead in the game that they would not relinquish the rest of the evening to make the score 5-3. Garcia then stole 3rd base and Johni Escamilla got the RBI hit to the shortstop to score Garcia to make it 6-3.
LaVilla threatened in the top of the fourth inning but the Lady Bulldog defense snuffed out the rally on a 6-4-3 double play from Lopez to Straube to McKenzie Ruiz to end the inning. Three Rivers did more damage offensively in the bottom of the 5th as Garcia led off the inning with a fly ball to left then reached third base on a throwing error. Straube then walked and stole second base. Escamilla came up to bat and singled on a line drive to center to make the score 8-3. McKenzie Ruiz then got a single to right center to advance Escamilla to third but a throwing error by the La Villa centerfielder allowed Escamilla to score to make it 9-3 Lady Bulldogs. Haley Hinojosa then singled a line drive to center for her second hit of the night to score Ruiz to make the score 10-3 after the fifth inning. In the bottom of the sixth , Three Rivers added one more insurance run as Alexis Saenz singled and Garcia sacrificed bunted to advance Saenz to third base. Saenz later scored on a passed ball to make the score 11-3. La villa tried to make a rally in last inning, but (Savannah Lopez made a great play on a pop up in shallow left field) then Hinojosa struck out the last two batters to end the game to finish with 9 strikeouts.
All of the Lady Bulldog starters scored a run in the contest, with Alexis Saenz and Garcia leading the team in runs with two apiece. Hinojosa led the team in hits with two as she went two for three offensively. Garcia and Escamilla each had two RBI's in the victory . "It was a total team effort" said Coach Lee Ann Barker. "These girls have worked their tails off all year and are a joy to coach" added Barker.
The Lady Bulldogs advance to the Area round to face the Junction Eagles , who are ranked second in the state. The Lady 'Dogs play Junction on Friday, May 3, at 7 p.m. at Incarnate Word in San Antonio for game 1 then Saturday, May 4, at 1:00 for game 2 and game 3 will follow if necessary. Incarnate Word is located at Highway 281 by Breckenridge Park and the San Antonio Zoo.
also we are trying to get any businesses downtown or along 281 to do some decorating or painting windows – if you could pass the word that would be great. There will be another send off for the team Friday afternoon between 2 p.m. to 2:15 p.m. The athletic departments Coach Sheppard stated " we are trying to get businesses downtown and along 281 to decorate for the send off".


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August 21, 2012 —
The Wayne County commissioners have decried the cutting of 50% of the funding for the county victim/witness program and juvenile victim assistance program. Last year, the program received about $50,000 for the two programs.
"This year they will receive only about $24,000, cutting the program in half," said Brian Smith, chairman of the county commissioners.
"This is more than just drastic; it's a lot more than 10
percent which many other program received in cuts," said Commissioner Wendell Kay.
At the recent convention of the County Commissioners Association of Pennsylvania (CCAP), an organization that speaks for county commissioners, passes a resolution to protest such a drastic cut, determining that his program constitutes an unfunded mandate.


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The decrease row SHOULD read as follows:
Next row (RS) (dec) [k1,k2tog) 6 (6,8) times, [k2tog] 21 (21,23) times, [k1, k2tog] 5 (6,8) times, k2tog [44,50,56) sts].
The ** should be placed after the armhole shaping has been worked…[34(40,46) sts] **
Work as for Back to **.
Cont working straight until length measures 24(28,32) cm, ending on a WS row.
Shape front neck etc…
Shape shoulder..work as is for first side then: With RS facing, rejoin yarn to rem sts, cast off 12 centre sts, k to end.
K 1 row.
(RS) K2tog, k to end.
(WS) K to last 2 sts, k2tog.
Cont working as is...
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Brunch Eating as a Spiritual Ecosystem: Raising Food-Sparks in the Chasidic Imagination
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Join us to pack and deliver boxes of non-perishable pantry items and fresh produce to over 3,000 needy families in the Philadelphia area. For volunteers of all ages and abilities (No prior warehouse experience required).
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I'm a day away from finding a lactation consultant. I thought I would come here first to get feedback from several individuals. Sorry in advance for the long thread.
My dd is now 10 weeks old. I started having a hard time BF about a month ago. She was pulling away from my breast, arching her back, and crying. I spoke to the pediatrician, and he suggested she may have an acid reflux problem. He gave me a prescription for Zantac (tastes absolutely horrible), and I've been forcing it down her ever since. It helped some, but we're still having problems at least once a day. I went in for her checkup/shots last week, and the pediatrician is now suggesting that I may not be making enough milk for her. He believes I should try giving her a bottle if she's crying a lot after trying to feed her, and see if that quiets her. I don't want to start supplementing if I don't have to and I don't get enough from pumping to do that regularly. She usually eats for 15-20 minutes, every 2-3 hours. Here are my main issues:
1. Pulling away and crying. Sometimes it's 3 minutes into feeding, and other times it's 20 minutes into feeding. She gets VERY upset, and it's been happening at least once a day. Is she done nursing or not wanting to? Is she not getting enough? Is it not coming fast enough? I really don't know.
2. Does not like to BF on my left breast. I start her on that side, and try to make her finish on that side. It's a struggle to get her to eat on that side at all.
3. I can't tell when my milk lets down. Everyone tells me that they can feel it, and that milk just gushes out. I can't tell a difference at all, and I've never had it gush out ever. Could this be my problem?
4. When I pump, I can only get 1 to 1 1/2 oz at a time. I try pumping in between feedings a few times a week just in case my husband needs to feed our dd or we want to go out somewhere. It takes two tries to get enough for one bottle. Is this a sign I don't produce enough milk?
I appreciate all the help and suggestions!!