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United States District Court, D. Columbia.
February 20, 2014
NATIONAL PARKS CONSERVATION ASSOCIATION, Plaintiff,v.S.M.R. JEWELL, Secretary of the United States Department of the Interior, et al., Defendants
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[Copyrighted Material Omitted]
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For NATIONAL PARKS CONSERVATION ASSOCIATION, Plaintiff: Deborah M. Murray, LEAD ATTORNEY, Charlottesville, VA; Catherine Malina, PRO HAC VICE, Charlottesville, VA.
For LISA JACKSON, Administrator of the U.S. Environmental Protection Agency, KENNETH LEE SALAZAR, Secretary of the United States Department of Interior, GLENDA OWENS, Acting Director of the U.S. Office of Surface Mining Reclamation and Enforcement, Defendants: Mark Arthur Brown, Sr., LEAD ATTORNEY, U.S. DEPARTMENT OF JUSTICE, Wildlife & Marine Resources Section, Washington, DC; Ruth Ann Storey, LEAD ATTORNEY, U.S. DEPARTMENT OF JUSTICE, Land & Natural Resources Division, Ben Franklin Station, Washington, DC; Brian Hamilton Lynk, U.S. DEPARTMENT OF JUSTICE, Environmental Defense Section, Washington, DC.
For NATIONAL MINING ASSOCIATION, Intervenor Defendant: David Yolun Chung, Kirsten L. Nathanson, CROWELL & MORING, LLP, Washington, DC.
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I. Introduction
In this case the plaintiff, National Parks Conservation Association (" NPCA" ), an environmental group, challenges a final rule that governs the operation of coal mining activities near and through streams. The rule was published by the Office of Surface Mining Reclamation and Enforcement (" OSM" ) of the U.S. Department of the Interior (" DOI" ) and is entitled " Excess Spoil, Coal Mine Waste, and Buffers for Perennial and Intermittent Streams," 73 Fed. Reg. 75,814 (Dec. 12, 2008) (hereinafter " 2008 Rule" or " Rule" ). The 2008 Rule revised a stream protection rule that had been in effect since 1983 (the " 1983 stream buffer zone rule" ). See Stream Buffer Zone Rule, 48 Fed. Reg. 30,312 (June 30, 1983). The Environmental Protection Agency (" EPA" ) concurred in OSM's promulgation of the Rule. The plaintiff seeks to have the court invalidate the 2008 Rule. NPCA also seeks to have the court determine that a 1996 Biological Opinion issued by the Fish and Wildlife Service (" Service" ) is invalid and to order OSM to reinitiate formal consultation with the Service.
The defendants are S.M.R. Jewell, Secretary of the United States Department of the Interior, Joseph G. Pizarchik, Director of the Office of Surface Mining Reclamation and Enforcement, and Gina McCarthy, Administrator of the United States Environmental Protection Agency (collectively, the " Federal Defendants" ). Additionally, the National Mining Association (" NMA" ) has intervened as a defendant in the case. NPCA alleges violations of the Administrative Procedure Act (" APA" ), 5 U.S.C. § 706, section 7(a)(2) of the Endangered Species Act (" ESA" ), 16 U.S.C. § 1536(a)(2), various provisions of the Surface Mining Control and Reclamation Act of 1977 (" SMCRA" ), 30 U.S.C. § § 1201-1328, and sections 101 and 303 of the Clean Water Act (" CWA" ), 33 U.S.C. § § 1251, 1313.
This court's decision primarily analyzes NPCA's claims under the ESA. As to those claims, NPCA argues that OSM violated
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section 7(a)(2) of the ESA by not consulting with the Service prior to promulgating the 2008 Rule. NPCA also contends that it was arbitrary and capricious for OSM to rely on a 1996 Biological Opinion to avoid its consultation duties and that OSM violated its ESA section 7 duties by not reinitiating with the Service. NPCA asks that the court vacate the 2008 Rule and the 1996 Biological Opinion and remand the matter to OSM. The Federal Defendants admit that it was legal error for OSM not to initiate consultation on the 2008 Rule and they request that the court vacate the 2008 Rule on that basis. See Answer (Dkt. No. 40) at ¶ ¶ 6, 59, 61-62. The Federal Defendants argue that the plaintiff's claim regarding OSM's reliance on the 1996 Biological Opinion should be dismissed as moot and that the plaintiff's remaining challenges to the 1996 Biological Opinion should be denied because the court lacks jurisdiction to consider them. NMA argues that OSM was not required to consult on the 2008 Rule and that even if consultation was required, the Rule should not be vacated.
Before the court is a series of cross-motions for summary judgment filed by NPCA and the Federal Defendants. NMA has filed oppositions and replies to these motions for summary judgment.
II. Background
A. Surface Coal Mining
To reach coal that is buried below soil and rock, coal mine operators drill, blast, or use bulldozers to fracture the underlying rock. Administrative Record (" AR" ) at SBZ000125.[1] The operators then remove the broken rock, which is known as " spoil." Id. The broken rock that was once compact takes up much more space once it has been excavated. Id. As a result, in areas with steep slopes, coal mine operators may not be able to return all of the spoil to the mined area in a stable manner. AR at SBZ000011. When that happens, some " excess spoil" may be placed in the upper reaches of valleys adjacent to the mined areas. Id.; see also AR at SBZ000003. This is known as a " valley fill." AR at SBZ000003, SBZ000195. These steep-slope valleys often have streams running through them and a valley fill buries the upper reaches of such streams. AR at SBZ000011. Valley fills are also associated with downstream effects on surface-water chemistry and macroinvertebrate communities. AR at SBZ000277. The placement of excess spoil in stream channels occurs primarily in the central Appalachian coal fields. AR at SBZ000266.
B. Statutory and Regulatory Framework
(1) The Surface Mining Control and Reclamation Act of 1977 and the Stream Buffer Zone Rule
The SMCRA, which has as one of its purposes to " establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations," see 30 U.S.C. § 1202(a), does not require a buffer zone around streams.[2] AR at SBZ000004. Nevertheless, since the initial regulatory program under the SMCRA, OSM has provided for a 100-foot buffer zone around streams, with variances allowing for the disposal of excess spoil within the buffer zone
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under certain circumstances.[3] See AR at SBZ000004-05.
A state can obtain primary jurisdiction (" primacy" ) over the regulation of surface coal mining and reclamation operations within its borders by submitting a program proposal to the Secretary of the Interior that meets or exceeds the minimum requirements of the SMCRA and that is approved by OSM. 30 U.S.C. § 1253. In those states that do not obtain primacy, OSM operates a federal regulatory program. 30 U.S.C. § 1254.
(2) Section 7(a)(2) of the Endangered Species Act
Section 7(a)(2) of the Endangered Species Act requires " [e]ach Federal agency," in consultation with the appropriate wildlife agency, to " insure that any action authorized, funded, or carried out by such agency (hereinafter in this section referred to as an 'agency action') is not likely to jeopardize the continued existence of any endangered species or threatened species" or adversely modify a species' critical habitat. 16 U.S.C. § 1536(a)(2). When a federal agency's proposed discretionary action " may affect listed species or critical habitat," the agency must initiate formal consultation with the Service or the National Marine Fisheries Service (" NMFS" ).[4] 50 C.F.R. § § 402.03, 402.14(a). There are two exceptions: if preparation of a biological assessment or informal consultation shows that the agency action is not likely to adversely affect listed species or critical habitat, then the agency need not initiate formal consultation.[5] 50 C.F.R. § 402.14(a)-(b); see also Am. Bird Conservancy, Inc. v. FCC, 516 F.3d 1027, 1034, 380 U.S.App.D.C. 102 (D.C. Cir. 2008). All of this means that an agency avoids the consultation requirement for a proposed discretionary action only if it determines that its action will have " no effect" on threatened or endangered species or critical habitat.[6] Ctr. for Biological Diversity v. U.S. Dep't of Interior, 563 F.3d 466, 475, 385 U.S.App.D.C. 257 (D.C. Cir. 2009) (" If the agency determines that its action will not affect any listed species or critical habitat, . . . then it is not required to consult with NMFS or Fish and Wildlife." ).
The " may affect" threshold for triggering the consultation duty under section 7(a)(2) is low. See Karuk Tribe of Cal. v. U.S. Forest Serv., 681 F.3d 1006, 1027 (9th Cir. 2012)
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(en banc) (" [A]ctions that have any chance of affecting listed species or critical habitat--even if it is later determined that the actions are 'not likely' to do so--require at least some consultation under the ESA." ). " Any possible effect, whether beneficial, benign, adverse, or of an undetermined character, triggers the formal consultation requirement." Interagency Cooperation--Endangered Species Act of 1973, 51 Fed. Reg. 19926, 19949-50 (June 3, 1986). After an agency engages in the formal consultation process, the Service or the NMFS issues a biological opinion which advises the agency whether jeopardy is likely to occur for a listed species or its habitat and, if so, whether " reasonable and prudent alternatives" exist to avoid a jeopardy situation. 50 C.F.R. § 402.14(h)(3). In some instances, reinitiation of consultation may be required. 50 C.F.R. § 402.16.
C. The 1996 Biological Opinion
On March 21, 1995, OSM requested formal consultation regarding its existing surface coal mining and reclamation operations under state and federal regulatory programs adopted pursuant to the SMCRA and its implementing regulations. See AR at SBZ037387. In response, on September 24, 1996, the Service issued a Biological Opinion. AR at SBZ037389 - SBZ037401. The 1996 Biological Opinion is a comprehensive biological opinion " that addresses all present and future Federally listed and proposed species and designated or proposed critical habitats that may be affected by the implementation and administration of surface coal mining regulatory programs under SMCRA." AR at SBZ037392. The Service concluded that " surface coal mining and reclamation operations conducted in accordance with properly implemented Federal and State regulatory programs under SMCRA are not likely to jeopardize the continued existence of listed or proposed species, and are not likely to result in the destruction or adverse modification of designated or proposed critical habitats." AR at SBZ037396. This determination is referred to by the parties as the " no jeopardy" determination.
D. The 2008 Stream Buffer Zone Rule and the " No Effect" Determination
The 2008 Rule being challenged in this case revised the 1983 stream buffer zone rule. See 73 Fed. Reg. 75,814 (AR at SBZ000001 - 73). The 2008 Rule retains the buffer zone requirement, but establishes different criteria than those in the 1983 Rule for obtaining a waiver of the stream buffer zone requirement. See 30 C.F.R. § § 816.57(a); 817.57(a) (2013). In promulgating the 2008 Rule, OSM determined that the 2008 Rule would have no effect on listed species or critical habitat, and therefore did not initiate consultation with the Service. See AR at SBZ001792. OSM relied on the 1996 no jeopardy decision to reach this " no effect" conclusion. See AR at SBZ000281-84.
E. Factual and Procedural Background
(1) The Federal Defendants' Concession of Error and Motion for Voluntary Remand and Vacatur
At the outset of this case, the Federal Defendants filed a motion conceding legal deficiencies in the rulemaking and requesting the court to vacate the 2008 Rule and remand the matter to OSM.[7] Fed. Defs.' Mtn. for Voluntary Remand and Vacatur (Dkt. No. 10). Judge
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Henry H. Kennedy, Jr., denied the motion, finding that it was not appropriate to vacate the Rule when there had not been a determination of the merits of the plaintiff's challenge.[8] See Nat'l Parks Conservation Ass'n v. Salazar, 660 F.Supp.2d 3, 4 (D.D.C. 2009) (Kennedy, J.). The court concluded:
While notice and comment procedure is not required where a court vacates a rule after making a finding on the merits, see, e.g., Cement Kiln Recycling Coal. v. EPA, 255 F.3d 855, 872, 347 U.S.App.D.C. 127 (D.C. Cir. 2001), granting vacatur here would allow the Federal defendants to do what they cannot do under the APA, repeal a rule without public notice and comment, without judicial consideration of the merits.
Id. at 5. In response to the pending motions for summary judgment, NMA urges the court to avoid considering the merits of NPCA's claims and instead to remand the 2008 Rule without vacatur. See NMA's Mem. in Response to Fed. Defs.' Mtn. for Partial Summary Judgment (" NMA's Resp." ) (Dkt. No. 46) at 13; NMA's Mem. in Opp. to Pl.'s Mtn. for Partial Summary Judgment (" NMA's Opp." ) (Dkt. No. 57) at 17. NMA argues that remand without vacatur would be consistent with Judge Kennedy's decision in this case and would also be consistent with another case in this Circuit, Carpenters Industrial Council v. Salazar, 734 F.Supp.2d 126 (D.D.C. 2010), appeal dismissed, No. 10-5417, 2011 WL 812391 (D.C. Cir. Feb. 24, 2011).
The court respects NMA's arguments. However, the present posture of this case renders it distinguishable from Carpenters Industrial Council. In that case, the federal defendants confessed legal error and requested voluntary vacatur of a critical habitat designation. Carpenters Indus. Council, 734 F.Supp.2d at 135. The court concluded that it lacked the authority to vacate the critical habitat designation because it had not made a determination of the merits. Id. at 136. But that is not the situation here. The court now has before it the full administrative record, as well as fully briefed cross-motions for summary judgment. The court is, therefore, able to undertake a determination of the merits. As a result, it would not be inconsistent with Judge Kennedy's decision or Carpenters Industrial Council for the court to vacate the rule should it determine that vacatur is warranted.
III. Analysis
NPCA makes two claims related to OSM's failure to consult on the 2008 Rule. First, NPCA alleges that OSM's failure to consult with the Service violated the ESA. Second, NPCA alleges that OSM's reliance on the 1996 Biological Opinion to avoid consultation on the 2008 Rule was arbitrary and capricious.
A. Standard of Review
NPCA brings these claims pursuant to the ESA's citizen suit provision, 16 U.S.C. § 1540(g)(1), the APA, 5 U.S.C. § 706, and the SMCRA, 30 U.S.C. § 1276. Am. Compl. (Dkt. No. 6) at ¶ ¶ 61-62; 67-68. The standards provided in the APA govern judicial review of agency decisions under the ESA. Cabinet Mountains Wilderness v. Peterson, 685 F.2d 678, 686, 222 U.S.App.D.C. 228 (D.C. Cir. 1982) (" [T]he appropriate standard of review under the ESA is the arbitrary and capricious standard provided by the APA." ); see also Defenders of Wildlife v. Jackson, 791 F.Supp.2d 96, 106 (D.D.C. 2011). The APA instructs the reviewing court to " hold unlawful and set aside agency action, findings, and conclusions found
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to be . . . arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." 5 U.S.C. § 706(2)(A). Similarly, the SMCRA provides: " Any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with law." 30 U.S.C. § 1276(a)(1). The " arbitrary and capricious" standard of review presumes that the agency's action is valid. Envtl. Def. Fund, Inc. v. Costle, 657 F.2d 275, 283, 211 U.S.App.D.C. 313 (D.C. Cir. 1981).
In making the arbitrary and capricious determination, the court reviews the administrative record already in existence, see Camp v. Pitts, 411 U.S. 138, 142, 93 S.Ct. 1241, 1244, 36 L.Ed.2d 106 (1973), basing its review on the documents that were before the agency at the time of its decision. IMS, P.C. v. Alvarez, 129 F.3d 618, 623, 327 U.S.App.D.C. 126 (D.C. Cir. 1997). Although the court must undertake a " searching and careful" inquiry into the facts, the standard of review is narrow, and " [t]he court is not empowered to substitute its judgment for that of the agency." Citizens to Pres. Overton Park, Inc. v. Volpe, 401 U.S. 402, 416, 91 S.Ct. 814, 824, 28 L.Ed.2d 136 (1971), abrograted on other grounds by Califano v. Sanders, 430 U.S. 99, 104, 97 S.Ct. 980, 984, 51 L.Ed.2d 192 (1977). Instead, the court is " principally concerned with ensuring that [the Agency] has 'examine[d] the relevant data and articulate[d] a satisfactory explanation for its action including a rational connection between the facts found and the choice made,' that the Agency's 'decision was based on a consideration of the relevant factors,' and that the Agency has made no 'clear error of judgment.'" Bluewater Network v. EPA, 370 F.3d 1, 11, 361 U.S.App.D.C. 370 (D.C. Cir. 2004) (quoting Motor Vehicle Mfrs. Ass'n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43, 103 S.Ct. 2856, 2866, 77 L.Ed.2d 443 (1983)). In addition, " [s]ummary judgment is an appropriate procedure for resolving a challenge to a federal agency's administrative decision when review is based upon the administrative record . . . even though the Court does not employ the standard of review set forth in Rule 56, Fed. R. Civ. P." Fund for Animals v. Babbitt, 903 F.Supp. 96, 105 (D.D.C. 1995) (internal citation omitted) amended on other grounds , 967 F.Supp. 6 (D.D.C. 1997).
B. OSM's " No Effect" Determination Was Arbitrary and Capricious, and Therefore its Failure to Consult with the Service Violated the ESA
The record is clear that the 2008 Rule " may affect" threatened or endangered species or critical habitat.[9] First, threatened and endangered species exist in areas where coal mining occurs. In the final Environmental Impact Statement (" EIS" ), OSM explained that sixteen federally listed and endangered species of mussels occur in Appalachia. AR at SBZ000278.
Second, mining operations affect the habitat and species residing in their paths. OSM generally described these effects as follows:
Direct effects of surface coal mining and reclamation operations on threatened, endangered, or proposed species or critical habitat consists [sic] primarily of habitat alteration by land clearing and
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earthmoving operations. While some of these effects are temporary, unique habitat features in such microenvironments as cliffs, caves, rock outcroppings, seeps, and old-growth forests are difficult and sometimes impossible to replace. . . . Aquatic and wetland-dependent species also may be directly affected by adverse impacts on water availability and quality (e.g. increased levels of metals, sulfates, and dissolved or suspended solids), increased variations of
stream flow and thermal gradients, and changes in ground water levels and spring flows. If a species of concern lacks individual mobility, land clearing and excavation activities may result in a direct take. Direct effects are often readily identifiable, but the magnitude of incidental take resulting from both direct and indirect effects is difficult to ascertain and not well-documented.
AR at SBZ000281. The record also sets forth more specific effects on threatened and endangered species posed by coal mining operations. For example, " several studies have found a relationship between coal-related contaminants and toxicity to mussels." AR at SBZ000278. Another threat to mussels from coal mining is blackwater releases from coal processing plants. Id. In addition, as quoted above, OSM specifically noted that if a species " lacks individual mobility" --a phrase that aptly describes mussels--" land clearing and excavation activities may result in a direct take." [10] AR at SBZ000281. Moreover, it was clear to OSM that " riparian buffer zones are important terrestrial habitats." AR at SBZ000279. With respect to valley fills, OSM recognized that " [w]hen streams are filled or mined through[,] all biota living in the footprint of the fill or in the mined area are lost." AR at SBZ000273.
Third, the 2008 Rule adopts different criteria than the 1983 Rule for permitting mining activities in the stream buffer zone and in and through streams.[11] This means that the 2008 Rule may lead to more, or at least, different sorts of, incursions into the stream buffer zone than the 1983 Rule, thereby potentially affecting listed species or critical habitat. For example, the 1983 Rule allowed mining activities in the buffer zone only upon a finding by the regulatory authority that the mining activities " will not cause or contribute to the violation of applicable State or Federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream." 30 C.F.R. § § 816.57(a), 817.57(a) (2008).[12] The 2008 Rule removes these two criteria related to water quality. 30 C.F.R. § § 816.57(a), 817.57(a) (2013); see also AR at SBZ000006 (preamble to final rule). Instead,
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under the 2008 Rule, " the permit application must demonstrate, and the regulatory authority must find, that avoiding disturbance of the stream is either not reasonably possible or not necessary to meet the fish and wildlife and hydrologic balance protection provisions of the regulatory program." AR at SBZ000025 (preamble to final rule); see also 30 C.F.R. § § 816.57(a), 817.57(a), 780.28(e); 784.28(e) (2013). In addition, the 2008 Rule provides exceptions to the buffer zone requirement for certain mining activities, including the diversion of streams and the construction of excess spoil fills, as long as the regulatory authority finds that " avoiding disturbance of the stream is not reasonably possible." AR at SBZ000025.
OSM itself has acknowledged that the 2008 Rule establishes different standards than the 1983 Rule for allowing mining activities within the stream buffer zone. In the final EIS and the preamble to the final Rule, OSM repeatedly stated that the revisions to the 1983 stream buffer zone rule encompassed by Alternative 1, the alternative that became the 2008 Rule, would have positive effects on the environment as compared to the 1983 Rule. See AR at SBZ000063 (preamble to the final rule) (" Alternative 1 is uniquely different from the other alternatives in that it incorporates changes to reduce the adverse impacts of coal mine waste disposal facilities . . . on fish, wildlife, and related environmental values. We anticipate that these changes would positively impact the environment." ); AR at SBZ000280 (final EIS) (" Alternative 1 would also require more rigorous environmental analyses of placement of coal waste coupled with existing regulations. This should have a slightly positive effect on terrestrial fauna." ); AR at SBZ000119-20 (final EIS) (" Coupled with the changes in excess spoil regulations, Alternative 1 would result in slight positive effects on the human environment with respect to direct hydrologic impacts, water quality, and aquatic fauna when compared to the 'no action' alternative." ). It does not matter if the changes OSM expected after implementing the 2008 Rule are deemed less protective or more protective; what matters is that the 2008 Rule established different standards for allowing mining activities within the stream buffer zone as compared to the 1983 Rule. Due to these changes, the 2008 Rule had the potential for different effects on species and the environment than the 1983 Rule.
Faced with clear evidence that habitats within stream buffer zones are home to threatened and endangered species and that mining operations affect the environment, water quality, and all living biota, OSM's determination that the revisions to the stream protection rule encompassed by the 2008 Rule would have no effect on threatened and endangered species or critical habitat was not a rational conclusion.[13] "
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[T]he record belies the agency's conclusion" of no effect, so the court " must undo [OSM's] action." Cnty. of Los Angeles v. Shalala, 192 F.3d 1005, 1021, 338 U.S.App.D.C. 168 (D.C. Cir. 1999). Because the 2008 Rule " may affect" threatened and endangered species and critical habitat, OSM was required to initiate consultation on the 2008 Rule. OSM's failure to do so was a violation of section 7(a)(2) of the ESA.
C. OSM's Reliance on the 1996 Biological Opinion to Avoid Consultation was Arbitrary and Capricious
OSM's " no effect" determination was a result of OSM's reliance on the 1996 Biological Opinion. See AR at SBZ000281, SBZ000283-84. In the 1996 Biological Opinion, the Service identified a list of regulations " as pertinent to the protection of fish, wildlife, and related environmental values." AR at SBZ000281. The Service determined that compliance with those regulations would ensure that continuation and approval of mining operations conducted under the SMCRA would not likely jeopardize the continued existence of any threatened, endangered, or proposed species or result in adverse modification of designated or proposed critical habitat. AR at SBZ000283, SBZ037396. In promulgating the 2008 Rule, OSM reasoned that because the 2008 Rule did not alter any of those protective provisions, the Rule would have no effect on listed species and critical habitat. AR at SBZ000283 (final EIS). In response to a comment that even positive effects from the proposed Rule were enough to trigger section 7(a)(2) consultation, OSM spelled out how the 1996 Biological Opinion allowed it to avoid consultation, stating:
[O]ur existing regulations contain extensive provisions that the U.S. Fish and Wildlife Service, in a 1996 biological opinion, found adequate to protect threatened and endangered (T & E) species and their habitat. The biological opinion did not include the stream buffer zone rule as one of those provisions. None of the alternatives under consideration in this EIS would alter any of the regulations listed in the biological opinion. Therefore, contrary to our statement in the DEIS, we no longer believe that Alternatives 1, 2, and 3 would have a slightly positive effect on T & E species. Instead, we anticipate that none of the action alternatives would have any effect on T & E species. . . . Therefore, there is no need to initiate formal consultation under Section 7 of the Endangered Species Act.
AR at SBZ001792 (final EIS) (emphasis omitted).
At this point, only NMA argues that this reliance was reasonable. NPCA argues that this reliance was arbitrary and capricious. For their part, the Federal Defendants acknowledge that OSM was wrong to rely on existing regulations to avoid consultation. See Fed. Defs.' Mtn. for Partial Summary Judgment at 22 (" Instead of considering the on-the-ground direct and indirect effects of the agency action--i.e., the [2008] Rule--OSM erroneously relied on other preexisting regulations to support its conclusion that there would be no effects on threatened and endangered species or critical habitat from this action." ) (emphasis added). But the Federal Defendants contend that NPCA's claim that this reliance was arbitrary and capricious (Count III) should be dismissed as moot. Id. at 37.
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Count III, the reliance claim, is clearly not moot. OSM's reliance on the 1996 Biological Opinion's " no jeopardy" decision is the basis for OSM's conclusion that the 2008 Rule did not require consultation under section 7 of the Endangered Species Act. The court cannot fully address whether OSM's " no effect" determination was arbitrary and capricious without taking up OSM's reasons for not consulting on the 2008 Rule. Even though NPCA presented the consultation claim and the reliance claim as two separate counts in its amended complaint, this is an artificial distinction, because they are really part of the same claim that consultation was required.
Turning to the merits, the court concludes that OSM's reliance on the 1996 Biological Opinion was arbitrary and capricious because, quite obviously, the 1996 Biological Opinion did not consider and could not have considered the effects of the 2008 Rule on threatened and endangered species and critical habitat. To clarify, the Service's " no jeopardy" conclusion in the 1996 Biological Opinion was reached after reviewing the SMCRA and " its implementing regulations." AR at SBZ037396. At that time, the SMCRA's " implementing regulations" included the 1983 stream buffer zone rule. Therefore, although the 1996 Biological Opinion does not specifically point to compliance with the 1983 Rule as forming the basis for its " no jeopardy" conclusion, that stream buffer zone rule was one of the provisions that the Service considered in reaching its " no jeopardy" conclusion. But the 2008 Rule changes that 1983 Rule, and therefore, changes one of the grounds on which the 1996 Biological Opinion's " no jeopardy" conclusion is based. It follows that the 1996 Biological Opinion cannot provide a rational basis for avoiding consultation on the 2008 Rule. The 1996 Biological Opinion simply did not consider the 2008 Rule in reaching its " no jeopardy" conclusion. Reliance on the 1996 Biological Opinion was arbitrary and capricious.
Furthermore, the 1996 Biological Opinion did not consider new information on the impacts of coal mining on streams and aquatic life that post-1996 scientific research revealed. OSM was fully aware of this research, because OSM discussed it in both the final EIS for the 2008 Rule, see AR at SBZ000098-346 and SBZ000351-1869, and in a 2005 Programmatic Environmental Impact Statement (PEIS) that evaluated the adverse environmental impacts of mountaintop mining operations and excess spoil valley fills (MTM/VF) in Appalachia.[14] See AR at SBZ030644-SBZ031150. Several examples of studies demonstrate that new scientific information was reported after issuance of the 1996 Biological Opinion. Post-1996 research studies found that coal mining and excess spoil fill construction are associated with downstream changes in surface-water chemistry, including increased concentrations of selenium.[15] See AR at SBZ000277; see also AR at SBZ030685, SBZ030687, SBZ030753-55; AR at SBZ031263, SBZ033352. A 2001 study analyzing stream temperature discovered that the temperature of a stream below a valley fill site had lower daily fluctuations and less seasonal variation than the temperature of a stream below an unmined site.[16] AR at
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SBZ000276. Another study found that the total number of fish species was " dramatically lower" in sites associated with valley fills. AR at SBZ031263-64 (discussed in the MTM/VF draft PEIS at SBZ032754). Other research found that between 1992 and 2002, approximately 1,200 miles of headwater streams in Appalachia had been directly impacted by coal mining activities such as valley fills, coal removal areas, roads and ponds. AR at SBZ030650. The 1996 Biological Opinion could not have taken into account these cumulative impacts of coal mining that occurred after 1996.
After going over much of this research in the final EIS, OSM then disregarded it entirely by relying on the 1996 Biological Opinion to determine the potential effect of the 2008 Rule on listed species and critical habitat. Ignoring these more recent findings about the impacts of coal mining and instead relying on an analysis from 12 years prior was arbitrary and capricious. See Motor Vehicle Mfrs. Ass'n of U.S., Inc., 463 U.S. at 43, 103 S.Ct. at 2867 (" Normally, an agency rule would be arbitrary and capricious if the agency . . . entirely failed to consider an important aspect of the problem." (internal quotation marks omitted)).
D. The Appropriate Remedy is to Vacate the 2008 Rule
Having determined that OSM's decision not to consult on the 2008 Rule was contrary to law, the court now turns to the appropriate remedy. NPCA and the Federal Defendants request that the 2008 Rule be vacated. NMA argues that the court should remand the 2008 Rule to OSM with instructions to initiate consultation.
The APA governs the remedy for NPCA's ESA claims, providing that the " reviewing court shall . . . hold unlawful and set aside agency action" found to be arbitrary and capricious or unlawful. 5 U.S.C. § 706(2)(A). As NMA points out, the court has discretion to remand without vacatur. Advocates for Highway & Auto Safety v. Fed. Motor Carrier Safety Admin., 429 F.3d 1136, 1151, 368 U.S.App.D.C. 335 (D.C. Cir. 2005). The decision whether to vacate depends on two factors: first, " the seriousness of the order's deficiencies (and thus the extent of doubt whether the agency chose correctly)" and second, " the disruptive consequences of an interim change that may itself be changed." Allied-Signal, Inc. v. U.S. Nuclear Regulatory Comm'n, 988 F.2d 146, 150-51, 300 U.S.App.D.C. 198 (D.C. Cir. 1993) (quoting Int'l Union, United Mine Workers of Am. v. Fed. Mine Safety & Health Admin., 920 F.2d 960, 967, 287 U.S.App.D.C. 166 (D.C. Cir. 1990)) (internal quotation marks omitted). Moreover, remand without vacatur is appropriate where " there is at least a serious possibility that the [agency] will be able to substantiate its decision on remand." Allied-Signal, Inc., 988 F.2d at 151; see also Milk Train, Inc. v. Veneman, 310 F.3d 747, 756, 354 U.S.App.D.C. 25 (D.C. Cir. 2002) (describing it as " a factor that favors remanding rather than vacating." ).
The court is convinced that OSM's failure to initiate ESA section 7 consultation is a serious deficiency and not merely " a strictly procedural defect," as NMA argues. NMA's Opp. at 30. Section 7(a)(2) of the ESA contains both a procedural requirement to pursue consultation with the Service and a substantive requirement to ensure that the proposed agency action is not likely to jeopardize the continued existence of an endangered or threatened species or adversely affect critical habitat. See Defenders of Wildlife v. Jackson, 791 F.Supp.2d 96, 112-13 (D.D.C. 2011) (" It is clear that § 7(a)(2) of the ESA contains both a substantive and procedural requirement." ).
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The Supreme Court has cautioned that " Congress intended endangered species to be afforded the highest of priorities." Tenn. Valley Auth. v. Hill, 437 U.S. 153, 174, 98 S.Ct. 2279, 2292, 57 L.Ed.2d 117 (1978). Absent consultation with the Service, there is no confirmation that the 2008 Rule would avoid jeopardizing threatened or endangered species or adversely modifying critical habitat.[17] See Bldg. Indus. Legal Def. Found. v. Norton, 231 F.Supp.2d 100, 105 (D.D.C. 2002) (vacating critical habitat designation where agency's error was a serious substantive error and not merely a procedural flaw). In addition, here there is no " serious possibility" that OSM would be able to develop a reasoned explanation on remand, because OSM has confessed legal error. See Allied-Signal, Inc., 988 F.2d at 151.
As to the second part of the test, the Federal Defendants and NPCA have shown that vacating the 2008 Rule will have limited disruptive consequences. Vacatur would result in the reinstatement of the 1984 Rule, which governed surface mining activities for over 25 years and with which the regulated community is familiar. See Envtl. Def. v. Leavitt, 329 F.Supp.2d 55, 64 (D.D.C. 2004) (" When a court vacates an agency's rules, the vacatur restores the status quo before the invalid rule took effect." (citing Indep. U.S. Tanker Owners Comm. v. Dole, 809 F.2d 847, 854, 258 U.S.App.D.C. 6 (D.C.Cir.1987)); see also Humane Soc'y of U.S. v. Kempthorne, 579 F.Supp.2d 7, 21 (D.D.C. 2008) (" Little confusion or inefficiency will result from reinstating a regulatory regime that was in place from 1978 to 2007." ). So far, the 2008 Rule is effective only on those lands where OSM is the regulatory authority. See Declaration of OSM Director Joseph G. Pizarchik (Dkt. No. 43-4) (" Pizarchik Decl." ) at ¶ 17. This means that the 2008 Rule became effective on Indian lands in all states and on all lands in the states of Arizona, California, Georgia, Idaho, Massachusetts, Michigan, North Carolina, Oregon, Rhode Island, South Dakota, Tennessee and Washington. Id. OSM has concluded that vacating the 2008 Rule would not have disruptive consequences on those lands for several reasons. First, mining on Indian lands occurs almost exclusively in arid regions with very few streams. Pizarchik Decl. ¶ 17. In addition, of the states listed above, only Tennessee contains mines that are actively producing coal, and the amount of coal mined in Tennessee amounts to less than 0.1% of the total tonnage of coal mined nationally.[18] Id. The Federal Defendants also assert that Tennessee historically has " been reluctant to approve operations that propose to fill or mine through perennial or intermittent streams." Id.
On all other lands--meaning those lands for which the state is the approved regulatory authority--the 2008 Rule is not yet
Page 22
effective. Therefore, vacating the Rule would not be disruptive. This is because no state with an approved regulatory program has amended its program to reflect the 2008 Rule. See Pizarchik Decl. at ¶ 18. Moreover, it may be more disruptive to retain the 2008 Rule in effect. OSM is in the process of developing a new stream protection rule and it would be unnecessarily costly and burdensome for OSM to administratively withdraw the 2008 Rule through notice-and-comment procedures when OSM is already working on a new rule to replace the 2008 Rule. See Pizarchik Decl. at ¶ ¶ 19-26.
NMA argues that vacating the 2008 Rule will undo the clarification of the scope of the stream buffer zone rule that the 2008 Rule was intended to provide, " and return the regulatory program to its previous confused and uncertain state." NMA's Opp. at 32. But this is just an abstract policy argument and is not adequate to rebut the Federal Defendants' showing that vacatur of the 2008 Rule will not have disruptive consequences. See Bldg. Indus. Legal Def. Found., 231 F.Supp.2d at 106 (" In assessing the 'disruptive consequences' of vacatur, see Allied --Signal, 988 F.2d at 150-51, the Court cannot rely upon intervenors' abstract policy arguments; rather, there must be some factual basis for determining what the disruptive consequences might be." ). Accordingly, the court finds that vacatur of the 2008 Rule is warranted.
E. NPCA's Remaining Claims
Because the 2008 Rule is being set aside, NPCA's remaining claims challenging the promulgation of that Rule are moot. See Alabama Power Co. v. EPA, 40 F.3d 450, 456, 309 U.S.App.D.C. 194 (D.C. Cir. 1994) (declining to address a claim that was rendered moot by the court's vacatur of the agency's rule). These claims are that the 2008 Rule violates the environmental protection standards of the SMCRA (Count I), that EPA's concurrence in the 2008 Rule violates section 501 of the SMCRA (Count VI), and that EPA's failure to consult with the Service before issuing its written concurrence violates its duties under the ESA (Count VII).[19] Count V has already been dismissed. See Minute Order (Sept. 12, 2013).
Moreover, the court has found that OSM's reliance on the 1996 Biological Opinion as a reason for not consulting on the 2008 Rule was arbitrary and capricious. Given this ruling, the court does not find it necessary to address Count IV.[20]
IV. Conclusion
For all of these reasons, NPCA's and the Federal Defendants' motions for summary judgment are granted in part and denied in part. The court vacates the 2008 Rule and remands the matter to OSM for further proceedings consistent with this decision. A separate order follows.
For the reasons stated in the accompanying Memorandum Decision, it is
1. ORDERED that NPCA's Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART.
2. ORDERED that the Federal Defendants' Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART.
3. ORDERED that the 2008 Rule is VACATED and the matter is REMANDED to OSM for further proceedings consistent with the Memorandum Decision.
4. ORDERED that NPCA's Motions to Take Judicial Notice (Dkt. No. 52) and to Supplement EPA's Administrative Record (Dkt. No. 61), being unopposed, are GRANTED.
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Archinect - News 2016-12-09T23:57:35-05:00 http://archinect.com/news/article/149974063/uber-takes-to-the-skies-with-a-new-advertising-strategy-in-mexico-df Uber takes to the skies with a new advertising strategy in Mexico DF Nicholas Korody 2016-10-17T18:45:00-04:00 >2016-10-18T11:15:38-04:00
Mexico City is notorious for its gridlock (and the smog it produces). The ride-sharing platform Uber has taken advantage of this captive audience with an unusual advertising medium: drones.

As reported by Bloomberg, Uber has sent off a fleet of sign-bearing drones to hover over windshields. "Driving by yourself?" asks one in Spanish. "That's why you can never see the volcanoes."

Mexico City represents Uber's biggest market, so the unique (and aggressive) advertising strategy makes some sense. No word yet on any drone-provoked fender benders.

For more on Uber and its influence on cities, follow these links:

The view from inside a self-driving Uber: "the technology is not quite ready"

Uber and the future of on-demand public transit

Uber lets you hail its self-driving cars in Pittsburgh later this month

New study finds ride-sharing apps like Lyft and Uber have no effect on drunk-driving fatalities

 http://archinect.com/news/article/149970903/efficiency-enhancing-drones-could-dramatically-reduce-construction-costs Efficiency-enhancing drones could dramatically reduce construction costs Julia Ingalls 2016-09-27T13:32:00-04:00 >2016-10-07T01:07:11-04:00
According to this Fortune article, it's estimated that the construction industry wastes billions of dollars annually in poorly organized and distributed materials, a practice that could be eliminated with omnipresent flying drones. The trick is to create software that can process what the drones see on each construction site into data that humans can quickly comprehend and efficiently implement. Autodesk is investing in developing software and hardware that can convey this information, which may dramatically cut construction costs (and perhaps make architects rethink how they bill for projects).

For more on drones:

Designing for drones: a condo tower with drone-friendly balconies

This drone video takes you on a fascinating flight through the guts of Seattle's Bertha tunneling machine

Here comes the "dronescraper"

 http://archinect.com/news/article/149965464/airbus-promises-autonomous-flying-taxis-in-the-very-near-future Airbus promises autonomous flying taxis in the (very) near future Alexander Walter 2016-08-26T14:12:00-04:00 >2016-09-03T11:08:41-04:00
Airbus appears to be serious about its "Vahana" project, aimed at creating an autonomous passenger drone network, and thinks testing can begin as early as 2017. [...] Airbus is also working on a drone delivery service [...] and plans to start testing it at a Singapore university by mid-2017. The cargo-laden vehicles fly automated routes in "aerial corridors," then drop them off and send delivery notifications to customers.

Airbus engineers are dreaming up no small endeavor as laid out in the company's Future of Urban Mobility vision:

"Imagine landing at a major international airport after a long flight in an A380. Instead of suffering through a 90-minute taxi ride in the megacity's gridlocked traffic, you hop into an electrically operated aerial vehicle from zenHOP, which brings you to your destination – landing on your chosen zenHUB – in just nine minutes. Too expensive? No, zenMOVE has found three other travellers who also want to get to the city centre. As a result, the flight costs no more than a taxi ride. On top of that, no need to worry about your luggage – zenLUGGAGE takes care of that – or your security, as zenCYBER protects your flight against hacker attacks."

↑ Illustration of Airbus' Skyways drone parcel delivery service, which will enter test mode on the campus of the National University of Singapore in mid-2017.

Related stories in the Archinect news:

The Ehang passenger drone might be anothe...

 http://archinect.com/news/article/149963306/designing-for-drones-a-condo-tower-with-drone-friendly-balconies Designing for drones: a condo tower with drone-friendly balconies Nicholas Korody 2016-08-15T13:08:00-04:00 >2016-08-21T21:26:43-04:00
Make no mistake: Drones are coming, and they're going to change a lot of things about how we shape our lives. So why shouldn't we change how we shape our buildings to get ready for them? [...] That's the basis for my Drone Tower, which would look like a futuristic condo building, with large balconies built to accommodate small electric aircraft or shipping drones. You wouldn't need to buy your own drone, you'd simply order a ride with an app like a taxi—and hop in right from your terrace.

For more on the intersections between autonomous flying machines and the city, check out these links:

Unequal Scenes: drone images reveal Cape Town's "architecture of apartheid"

This drone video takes you on a fascinating flight through the guts of Seattle's Bertha tunneling machine

Drones for Good: the UAE's million-dollar drone competition

 http://archinect.com/news/article/149949315/unequal-scenes-drone-images-reveal-cape-town-s-architecture-of-apartheid Unequal Scenes: drone images reveal Cape Town's "architecture of apartheid" Alexander Walter 2016-06-03T18:54:00-04:00 >2016-06-06T11:38:17-04:00
In any city, space is a commodity. In South African cities space is historical and emotional. A new photo series by an American living in Cape Town captures the dramatic inequality of South Africa's most beloved city. From an aerial view, Cape Town's scenic beauty gives way to a stark reminder of the country's past and the continued racial segregation. [...] "Looking straight down from a height of several hundred meters, incredible scenes of inequality emerge," he writes on his website.

On his website, Unequal Scenes, the creator of the aerial imagery, Johnny Miller, writes:

"Discrepancies in how people live are sometimes hard to see from the ground. The beauty of being able to fly is to see things from a new perspective - to see things as they really are. Looking straight down from a height of several hundred meters, incredible scenes of inequality emerge. Some communities have been expressly designed with separation in mind, and some have grown more or less organically."

"During apartheid, segregation of urban spaces was instituted as policy. Roads, rivers, "buffer zones" of empty land, and other barriers were constructed and modified to keep people separate. 22 years after the end of apartheid, many of these barriers, and the inequalities they have engendered, still exist. Oftentimes, communities of extreme wealth and privilege will exist just meters from squalid conditions and shack dwellings."

"My desire with this project is to portray the most Unequal Scenes in ...
 http://archinect.com/news/article/149944052/this-drone-video-takes-you-on-a-fascinating-flight-through-the-guts-of-seattle-s-bertha-tunneling-machine This drone video takes you on a fascinating flight through the guts of Seattle's Bertha tunneling machine Alexander Walter 2016-05-06T15:15:00-04:00 >2016-05-07T11:13:41-04:00
As Seattle's Alaskan Way Viaduct sat free of cars overhead and drivers attempted to move around the city during the roadway's planned 2-week closure, a new drone video Tuesday showcased again what all the fuss is about. A view inside the SR 99 tunnel won't get much better than this until you're actually able to drive through it. [...] The 4-minute video captures what has been built behind nearly 1,600 feet of mining along Seattle's waterfront.

Bertha previously in the Archinect news: Seattle's massive Bertha tunnel drill is up for repair, but still faces a shaky outlook
 http://archinect.com/news/article/149937488/here-comes-the-dronescraper Here comes the "dronescraper" Julia Ingalls 2016-03-31T15:23:00-04:00 >2016-03-31T18:17:22-04:00
A drone skyscraper has been proposed by designers Hadeel Ayed Mohammed, Yifeng Zhao and Chengda Zhu that acts as a central control terminal for drones to dock and recharge, situated in the heart of Manhattan. The 'dronescraper', dubbed 'the hive' has been proposed as an alternative to Rafael Vinoy's 432 Park Avenue superstructure, which is set to become the tallest residential tower in the western hemisphere.

The skyscraper has been undergoing some significant design reconceptualizations lately. Here's a round-up of the most interesting takes:

A closer look at BIG's West 57th Street "courtscraper"

Screen/Print #30: SOILED's "Cloudscrapers"

A bamboo skyscraper fosters public life

 http://archinect.com/news/article/146118787/to-better-predict-sea-level-rise-scientists-resort-to-crowdsourcing-and-ask-drone-owners-to-help-create-data To better predict sea level rise, scientists resort to crowdsourcing and ask drone owners to help create data Alexander Walter 2016-01-19T14:24:00-05:00 >2016-01-19T21:08:53-05:00
Using drones for aerial photography has been a source of controversy for several years now. But amid increasing concerns over privacy and safety, some conservation scientists are hoping drone owners will help them to document sea level rise. With an expected increase in storm activity in the Pacific Ocean this winter, scientists believe they are getting a glimpse of the impacts of climate change on coastlines.

To see an interactive example of a DroneDeploy-stitched high-resolution map, click here.

Related stories in the Archinect news:

The Ehang passenger drone might be another way people will get around town someday

License and registration, please: new FAA regulations mandate drone registration

Construction update: More (unofficial) drone footage of Apple's spaceship campus

 http://archinect.com/news/article/145287841/the-ehang-passenger-drone-might-be-another-way-people-will-get-around-town-someday The Ehang passenger drone might be another way people will get around town someday Justine Testado 2016-01-08T19:54:00-05:00 >2016-01-12T13:07:16-05:00
The idea behind the Chinese-built 184 is that users will simply get in, power it up, select their destination using a 12-inch touchscreen tablet display, then press the 'take-off' button. The drone's automated flight systems will take over from there, managing tasks such as communication with air traffic control and other aircraft, obstacle avoidance, and of course navigation...

Self-driving cars, self-driving bikes, the Hyperloop slowly becoming a reality, what's next for urban mobility? Self-driving passenger drones, of course. Smart-drone enterprise Ehang unveiled a single-seat, battery-powered Autonomous Aerial Vehicle (AAV) called the Ehang 184 at the Consumer Electronics Show in Las Vegas. The quadcopter was built for short-to-medium-distance personal transit, and users won't need a piloting license to operate it. Apparently, it'll be commercially available later this year for $200,000-$300,000, Gizmag writes. If this technology really *ahem* takes off, the FAA will surely have a field day regulating it.
 http://archinect.com/news/article/143994632/license-and-registration-please-new-faa-regulations-mandate-drone-registration License and registration, please: new FAA regulations mandate drone registration Nicholas Korody 2015-12-22T19:09:00-05:00 >2015-12-23T18:51:54-05:00
Starting on Monday, individuals who own recreational drones will have to register their devices with the Federal Aviation Administration. The mandatory registration program applies to drones that weigh between 0.55 and 55 pounds.

According to the report, drones that were purchased before yesterday have to be registered by February 19th, 2016. If you buy a drone in the future, then you'll have to register it before flying it for the first time.

If you don't, prepare to pay a steep fine: up to $27,500. That being said, registration is only $5 and you can do it online. If you register within 30 days of the law going into effect (on Jan. 20), then the fee will be waived. It's pretty much a no-brainer.

For more info, check out the FAA's instructions. Happy droning!
 http://archinect.com/news/article/142516207/hack-the-city Hack The City Nam Henderson 2015-12-03T21:00:00-05:00 >2015-12-03T18:55:27-05:00
NBBJ calls the concept No-Shadow Tower, though it would be more accurate to call it the Smaller-Shadow-From-One-of-Two-Towers, since it depends on a pair of buildings separated by an open space. For that reason, the technique is an awkward fit for New York

A weeklong series of ideas for improving urban life, ranging from an examination of how Next-Generation Drones Will Save New York City's Infrastructure, to how new building designs will usher in the Age of Shadowless Skyscrapers.
 http://archinect.com/news/article/137181160/begin-your-week-with-this-serene-video-of-two-drones-building-a-bridge-by-themselves Begin your week with this serene video of two drones building a bridge by themselves Amelia Taylor-Hochberg 2015-09-21T12:56:00-04:00 >2015-09-21T17:19:59-04:00
These magnanimous drones, themselves having no need for a footbridge, build a suspension bridge for their human underlings in the Flying Machine Arena laboratory of ETH Zurich.

Developed as part of ongoing research in aerial construction, these two quadrocopters are capable of building the entire bridge by dispensing a motorized spool of Dyneema rope between two scaffolding surfaces, using a combination of knots, braids and wraps. When the drones are finished, the triumphant researchers walk from one end to the other.

Video credits: Aerial construction is a collaboration between the Institute for Dynamic Systems and Control and Gramazio Kohler Research at ETH Zurich, Switzerland, 2015
 http://archinect.com/news/article/136360737/drones-for-good-the-uae-s-million-dollar-drone-competition Drones for Good: the UAE's million-dollar drone competition Nicholas Korody 2015-09-10T18:58:00-04:00 >2015-09-10T18:58:37-04:00
...From seemingly out of nowhere, a large quad-rotor drone drops out the cloudless sky over Dubai Internet City, hovering insect-like just above the heads of the men, watching them with camera-eyes. Before they can even notice, a squad of policemen – wearing helmets, body armour, and carrying assault rifles – rush them... Welcome to Dubai, and to one of the more awkward moments of an already odd competition called Drones For Good. We're here to watch teams compete for a million-dollar prize...

<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN" "http://www.w3.org/TR/REC-html40/loose.dtd"> <meta> http://archinect.com/news/article/135672288/construction-update-more-unofficial-drone-footage-of-apple-s-spaceship-campus Construction update: More (unofficial) drone footage of Apple's spaceship campus Justine Testado 2015-09-01T23:48:00-04:00 >2015-09-01T20:53:17-04:00
Apple's "spaceship" campus continues to be a hotspot for drones to film the project gradually coming to life. One of those drones belongs to Silicon Valley-based photographer/videographer Duncan Sinfield, who posted a new video today showing the latest additions to the campus. As Sinfield pilots his DJI Inspire 1 over the construction site, the resulting video is intermittently overlapped by flashback footage that was shot exactly one month ago for some rough comparisons. Adding a somewhat surreal vibe, the late Steve Jobs "narrates" the footage as he describes the campus to the Cupertino City Council in a 2011 clip.

Check out the video right below.
 http://archinect.com/news/article/128712543/nasa-and-verizon-to-partner-to-monitor-drones-in-the-us Nasa and Verizon to partner to monitor drones in the US Nicholas Korody 2015-06-03T13:43:00-04:00 >2015-06-04T20:10:57-04:00
Verizon, the US's largest wireless telecom company, is developing technology with Nasa to direct and monitor America's growing fleet of civilian and commercial drones from its network of phone towers. According to documents obtained by the Guardian, Verizon signed an agreement last year with Nasa "to jointly explore whether cell towers … could support communications and surveillance of unmanned aerial systems (UAS) at low altitudes".

Currently, the Federal Aviation Authority doesn't have recourse to adequate resources or personnel to monitor rapidly-increasing drone traffic. Nasa's new unmanned aircraft traffic management system hopes to be able to enable "safe low-altitude drone flights" soon. By partnering with Verizon, they would be able to take advantage of the nation's largest provider of cellphone service. As Missy Cummings, professor of aeronautics at Duke University states, "We can already track phones like crazy...[so the plan is] a nice alternative to saturating an already broken air traffic control system."
 http://archinect.com/news/article/127185825/a-competition-entry-for-evolo-2015-that-doesn-t-include-a-skyscraper A competition entry for Evolo 2015 that doesn't include a skyscraper studiostag 2015-05-13T00:39:00-04:00 >2015-05-18T21:52:29-04:00
We have new technologies in architecture those makes us feel excited when we see them applied on a facade, a roof etc. or simply used for designing. That gives us ideas about what we can design with which technologies. And we honestly believe that designing a building with high ecologic qualities is the only responsibility we have. In most of the cases that's correct. But do you really not responsible what happens while that building is being constructed.

In a construction site thousands of vehicles brings you materials. Those lorries, trucks etc. are not eco-friendly at all! You construct support structures only to construct the main thing and you say you can recycle those. Recycling is a good deed but the process itself has lots of disadvantages like unsafe and unhygienic recycling sites, and the recycled materials starts to have a shorter lifespan. And do you have any excuse of having people work on dangerous construction sites, especially when you construct a skyscraper! Even tho...
 http://archinect.com/news/article/121764468/get-a-drone-s-eye-view-of-foster-partners-masdar-city-in-abu-dhabi Get a drone's eye view of Foster + Partners' Masdar City in Abu Dhabi Justine Testado 2015-02-27T22:00:00-05:00 >2015-03-05T21:14:27-05:00
UK/Dubai-based media company Electric Lime Productions recently released a film for the Masdar Institute in Abu Dhabi called "The Arcology", defined as "a vision of architectural design principles for very densely populated habitats (hyperstructures)"

The short video below is a highlight from a student recruitment film, showing off beautiful aerial shots of Foster + Partners' solar-powered Masdar City and its desert landscape -- all captured by drone.
 http://archinect.com/news/article/121152540/editor-s-picks-405 Editor's Picks #405 Nam Henderson 2015-02-20T13:15:00-05:00 >2015-02-20T14:57:04-05:00
For the latest edition of Deans List: Amelia Taylor-Hochberg, Editorial Manager interviewed Monica Ponce de Leon of University of Michigan's Taubman College.

 Therein, Professor Ponce de Leon admits she hates branding and describes how/why the school has "purposefully taken out of the curriculum courses that are specifically geared towards skill-building, in order to open up more space within the curriculum for critical thinking".

Will Galloway was impressed "great comments from Ponce de Leon. I'd only hear her name before. Definitely a fan, now".

News

Commenting on episode 16 of Archinect Sessions, which discussed the #ilookup campaign with Robert Ivy FAIA, EVP/CEO of the AIA. vado retro argued "It is a question is how does our profession draw that population to consider choosing a design professional for their biggest investment...How do we add value...It won't be through Godard references, however".

Renown critic and photographer Fred Bernstein and Jeff Goldberg, tag-team a first look...
 http://archinect.com/news/article/120603273/flyability-s-gimball-a-bouncy-lightweight-drone-for-safe-search-and-rescue-building-navigation Flyability's Gimball: A bouncy, lightweight drone for safe, search-and-rescue building navigation Justine Testado 2015-02-12T20:33:00-05:00 >2015-02-12T21:27:15-05:00
Despite its odd appearance, the Gimball is the first collision-tolerant drone that could prove itself useful in a variety of applications, from everyday tasks to hazardous situations. Designed by Flyability, the Gimball recently won a $1 million prize in the UAE's Drones for Good international competition, which aims to transform emerging drone technologies into practical solutions to improve everyday living.

The Gimball's most outlandish feature is its strength. The drone's spherical lightweight cage enables it to bounce off obstacles and roll on any surface to keep itself stable in complex environments or indoor settings. It can also safely fly in close contact around humans while operating, thus making it possibly useful for tasks like delivering goods or becoming a potential aid for first-responders in emergency conditions like post-disaster search and rescue.

Equipped with an HD camera, the Gimball can be used as a safer alternative in conducting inspections in industrial facilit...
 http://archinect.com/news/article/118490837/take-a-drone-tour-of-nyc-s-hearst-tower-with-norman-foster Take a Drone Tour of NYC's Hearst Tower with Norman Foster Diane Pham 2015-01-16T11:46:00-05:00 >2015-01-22T23:54:51-05:00
In 2006, the doors of the Hearst Tower were swung open for business. The design of starchitect Norman Foster, the building was one of the most cutting-edge of its time, lauded for its diagrid form, its green construction, and the then-radical approach of marrying the old with the new... Now, a decade later, Foster has returned to the Hearst Tower to mark its anniversary and reflect on his creation.

<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN" "http://www.w3.org/TR/REC-html40/loose.dtd"> <meta> http://archinect.com/news/article/117649070/drone-footage-shows-the-latest-construction-status-of-the-foster-designed-apple-campus Drone footage shows the latest construction status of the Foster-designed Apple campus Archinect 2015-01-05T11:55:00-05:00 >2015-01-07T11:58:16-05:00
Construction is moving along on Apple's new concentric campus dubbed the "spaceship". Today high resolution drone footage was released (unofficially) showing the current status.
 http://archinect.com/news/article/111951739/hummingbird-drones-and-other-bio-inspired-robotics Hummingbird Drones and other Bio-inspired Robotics Nicholas Korody 2014-10-23T13:38:00-04:00 >2014-10-29T22:06:39-04:00
Birds have remarkable flight capabilities...They make it look effortless, but engineering a drone to do the same is anything but. It's a major engineering feat to harness the evolutionary talents of a bird and translate them into a robot that can deliver packages to your doorstep. By understanding how birds have mastered the ability to swoop and dive, [Stanford professor David] Lentink and his team [of mechanical engineers] hope to inform microdrone design.

Similar to biomimicry (and its correspondent field of architectural thinking), bio-inspired design takes it cues from biological systems, although it entails simplification, enhancement and non-mimetic adaptation of observed phenomena rather than replication. Bio-inspired robotics, specifically, is a rather new field, although its origins can be traced back to the earliest engineering projects. For example, Leonardo Da Vinci famously studied birds, in particular kites, when he drew out plans for wings that could enable human flight.

The US military is a major player in the field of bio-inspired robotics. In 2011, the Defense Advanced Research Projects Agency (DARPA) released images of its own hummingbird-inspired drones, pictured above. Manufactured by AeroVironment the Nano Air Vehicle  is capable of flying along three axes of motion as well as hovering in mid-air. Equipped with a small camera, the 19 gram drone is small enough to surveil without attracting much attention.

DARPA stud...
 http://archinect.com/news/article/108098517/dronevertising-makes-real-life-pop-up-ads 'Dronevertising' Makes Real Life Pop-Up Ads Alexander Walter 2014-09-03T13:49:00-04:00 >2014-09-03T13:51:32-04:00
It was only a matter of time before someone saw the commercial potential of drones. Their compact size and swift mobility makes them ideal vehicles for transporting goods and information around the crowded streets of a city. Amazon has recently been testing the potential for drone deliveries, but Russian creative agency Hungry Boys' campaign has brought a new dimension to both advertising and drone use.

Related: Martha Stewart in the age of drone photography
 http://archinect.com/news/article/106649647/flying-robots-monitoring-failing-infrastructure Flying Robots Monitoring Failing Infrastructure Nicholas Korody 2014-08-15T19:19:00-04:00 >2014-08-18T19:20:50-04:00
As a report from the Obama administration warns that one in four bridges in the United States needs significant repair or cannot handle automobile traffic, engineers are employing wireless sensors and flying robots that could have the potential to help authorities monitor the condition of bridges in real time.

<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN" "http://www.w3.org/TR/REC-html40/loose.dtd"> <meta> http://archinect.com/news/article/105937332/weekly-news-round-up-for-august-4-2014-musk-martha-and-monuments Weekly News Round-Up for August 4, 2014: Musk, Martha and monuments Amelia Taylor-Hochberg 2014-08-11T15:53:00-04:00 >2014-08-11T15:57:10-04:00
Friday, August 8:

Guggenheim Bullies Journalist: Molly Crabapple reports for Vice on inhumane immigrant labor conditions on Saadiyat island in the UAE, where a new arm of the Guggenheim (and Louvre, and NYU) is being built. The Guggenheim holds its cards close and skirts responsibility when Crabapple pushes for answers.

Controversial new app will keep you away from "sketchy" areas: "SketchFactor" rates an area's "sketchiness" based on crowd-sourced local data. Critics are worried that the app will amplify racial profiling and encourage stereotyping.

Thursday, August 7:

Gentrification and the Persistence of Poor Minority Neighborhoods: Harvard sociologists identify another determinant in the gentrification debate: racial composition. Their report, focusing on Chicago, found that a neighborhood's economic redevelopment depended on certain thresholds of black and white residents.

Archbishop Emeritus Desmond Tutu called for the suspension of the Israeli Architects' Association from an intern...

 http://archinect.com/news/article/105808748/martha-stewart-in-the-age-of-drone-photography Martha Stewart in the age of drone photography Amelia Taylor-Hochberg 2014-08-05T13:18:00-04:00 >2014-08-12T21:55:24-04:00
In just a few minutes I was hooked. . . The photos and video were stunning. By assuming unusual vantage points, the drone allowed me to "see" so much more of my surroundings than usual. [The view] would have otherwise been impossible without the use of a private plane, helicopter, or balloon. With any of those vehicles, I would have needed a telephoto lens, and all of them would have made an unacceptable commotion on the beach. What's more, I would not have been in the photos!

Purveyor of all things "Good", Martha Stewart has added her two color-coded cents to the debate on drones in a nearly gleeful op-ed for TIME magazine. Titled "Why I Love My Drone", Stewart gushes about her new "useful tool" and marvels at how large-scale planning projects like Chateau de Versailles and the Great Wall of China were accomplished without such imaging technology. Seeing aerial views of her private farm, she's tickled by its resemblance to her Peter Rabbit-themed Easter cakes.

Stewart's approach to drone photography is craftily optimistic, and while she recognizes the grave implications of militarized drone technology, she's not going to wrinkle her dinner napkin wringing her hands over it. But Stewart's adoption of the drone is a strong sign of the technology's mainstream commercial appeal. Professional photographers, filmmakers, real estate developers and architects have embraced the drone's utility for affording new, choreographed views (even if the law hasn't). The dr...
 http://archinect.com/news/article/100171363/gensler-la-wants-to-use-drones-to-alleviate-the-scale-limits-of-3d-printing Gensler LA wants to use drones to alleviate the scale limits of 3D printing Paul Petrunia 2014-05-21T14:10:00-04:00 >2014-05-27T18:35:11-04:00
A fully automated mobile platform for 3D printing capable of producing objects of limitless scale does not currently exist. In the hope of remedying this situation, Gensler's Los Angeles office initiated Mobile 3D Printing, a Gensler research project born from an observation of present-day 3D printing technology and its limitations.

<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN" "http://www.w3.org/TR/REC-html40/loose.dtd"> <meta> http://archinect.com/news/article/95563169/what-architecture-reveals-about-secret-drone-strikes What Architecture Reveals About Secret Drone Strikes Alexander Walter 2014-03-13T14:58:00-04:00 >2014-03-19T22:38:23-04:00
"It's an attempt to really use architecture intelligence and design intelligence to unpack violations of international law," Weizman says of Forensic Architecture. Along with SITU Research, he and his team have developed a technique called video-to-space analysis to harvest spatial data from cell phone videos and photos, analyzing footage, sometimes from multiple sources, to model and recreate chaotic events to better understand what happened on the ground.

<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN" "http://www.w3.org/TR/REC-html40/loose.dtd"> <meta> http://archinect.com/news/article/95129309/china-plans-to-unleash-smog-killing-drones-to-zap-its-pollution China plans to unleash smog-killing drones to zap its pollution Alexander Walter 2014-03-07T19:07:00-05:00 >2014-03-11T12:34:04-04:00
China's premier, Li Keqiang, announced a "war on pollution"—evidence that the highest levels of government have acknowledged that China's smog and dirty air have reached a crisis point. And what better way to launch a war on pollution than with a fleet of smog-clearing drones?

Related: Seven ways residents in China are fighting pollution with their own inventions
 http://archinect.com/news/article/85911706/flying-a-drone-around-the-ny-public-library Flying a Drone around The NY Public Library Archinect 2013-11-06T13:33:00-05:00 >2013-11-11T21:18:32-05:00
Shot with the full cooperation of nypl.org and their rad labs team. Seems like most likely the first drone ever flown inside the NY Public Library.

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Governor Walker Travels Throughout Wisconsin to Highlight $19.3 Billion Tourism Industry
Industry adds more than 18,700 jobs to Wisconsin's economy over the last five years
Madison – Governor Scott Walker is traveling throughout the state today to announce Wisconsin's tourism economy topped $19.3 billion in 2015, a nearly $1 billion boost from $18.5 billion in 2014. The announcement kicks off this year's National Travel and Tourism Week, which runs May 1-7. Governor Walker is joined by Department of Tourism Secretary Stephanie Klett in visiting MillerCoors in Milwaukee, the Elroy-Sparta Bike Trail in Kendall, the Mobile Marketing Center in Eau Claire, and Heritage Hill State Historical Park in Green Bay.
"Tourism has long been a significant contributor to Wisconsin's economy, and this year is no different," Governor Walker said. "Investing in tourism promotion and marketing at the national, state, and local level is not only an effective way to attract visitors and grow the economy, it also enhances the image of the state as a place to live and do business. With over 10,000 inland lakes and numerous other tourist destinations, like classic Wisconsin supper clubs, it's no wonder Wisconsin is a leading tourist destination for people across the nation."
Key Results:
The total five year growth of tourism activity in the state is $4.5 billion, a 30 percent increase according to Tourism Economics, the Oxford Economics company providing analyses of the tourism sector for the Department of Tourism. Visitor volume for the same period is up 12.7 million from 92.5 million to 105.2 million in 2015.
Tourism supported 190,717 jobs directly and indirectly in Wisconsin's labor market in 2015. The growth of tourism has resulted in 18,717 additional jobs supported by tourism, an 11 percent increase, over the last five years. Visitors generated $1.5 billion in state and local revenue, saving Wisconsin taxpayers $640 per household. The state report and individual county information figures are also available here
"These results let us know that what we have been doing over the last five years is working," said Secretary Klett. "It's a tremendous credit to the tourism industry in all 72 counties and the innovative work they do to create exciting vacation experiences, market their destinations under our united brand of fun, and provide great customer service that makes travelers want to return to Wisconsin time and again."
The Power of Tourism Advertising in Wisconsin:
According to Longwoods International, a globally-recognized leader in travel research, for every $1 the Department spent on its 2015 summer and fall advertising campaigns, $8 was returned to state and local governments in incremental tax revenue. This is the highest return on investment since the Department of Tourism began commissioning the research from Longwoods International.
Among its Midwest competitors, Wisconsin ranks 1st in outdoor recreation, family atmosphere, affordability, and uniqueness. The Department of Tourism recently released two new television commercials for 2016 that take the tourism brand of fun to the next level by making Wisconsin the star and showcasing the state's core tourism strengths of scenic locations, outdoor recreation, and iconic food experiences.
According to surveys conducted by Longwoods International, tourism influences perceptions of Wisconsin. Travelers who have visited Wisconsin in the past two years rate the state much higher in attributes such as a good place to live, start a business, attend college, or purchase a retirement home than those who have not visited the state. This demonstrates the impact tourism has on the state's image from an economic development perspective.
About the Department of Tourism:
The mission of the Wisconsin Department of Tourism is to market the state as the Midwest's premier travel destination for fun by executing industry-leading marketing programs and establishing strategic partnerships. The Department of Tourism plays a significant role in generating greater economic impact and jobs for Wisconsin. The portal for traveler information can be found here.
Press Releases by Scott Walker
Governor Walker Calls on State Legislature to Pass Rural Broadband Expansion BillDec 2nd, 2016 by Scott Walker
Proposed legislation invests an additional estimated $35.5 million in broadband expansion efforts over the next three years
Governor Walker Requests USDA Disaster Designation for Crop Losses in 10 CountiesNov 28th, 2016 by Scott Walker
Losses due to freezing temperatures in May 2016
Governor Scott Walker Joins Wisconsin Tourism Industry in Support of 6th Annual "Big Bundle Up" CampaignNov 18th, 2016 by Scott Walker
The statewide charity initiative encourages people to donate new or gently used gloves, hats, scarves, coats, and other warm winter gear for those in need.
Governor Walker Highlights Success at Northern Wisconsin Economic Development SummitNov 10th, 2016 by Scott Walker
Announces $10 million investment in rural economic development
Department of Veterans Affairs Secretary Scocos to Leave State Service January 2017Nov 9th, 2016 by Scott Walker
"It has been a distinct privilege to work for the betterment of my fellow veterans as secretary of the Department of Veterans Affairs," Secretary Scocos said.
Governor Walker Joins in Announcing Colbert Packaging Corporation to Establish Operations in KenoshaOct 18th, 2016 by Scott Walker
Manufacturer expected to bring more than 100 new jobs to Wisconsin


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Save musicians, entertainers, speakers and services, and they'll appear here.
Pismo The Clown
- Clown in San Luis Obispo, CA
- Travels up to 120 miles
- from $100 to 500
- Free Quote
About Pismo The Clown
Sing Silly Songs, EmCee the Party, or Just Clowning Around, Walk around talking to your friends, making everyone happy and in good moods at your party.Book me for Saturday Nights or Sunday! Contact me now!. I like to Clown in CITIES; PISMO BEACH, GROVER BEACH, OCEANO, NIPOMO, SHELL BEACH, SANTA MARIA, FIVE CITIES, ARROYO GRANDE, ORCUTT, SAN LUIS OBISPO-SOUTH, LOS OSOS, MORRO BAY AND SANTA BARBARA." FAMOUS PISMO THE CLOWN " HAS FANS ALL OVER THE WORLD ! Pismo goes to Charity, fun-raiser events, county Fairs, and shows. He's been on TV, Radio Shows, has been a Quality Clown Nominee, Pismo the Recipient Clown, Clown Alley Convention .
Be the first to review Pismo The Clown.
Booking Info
- Typical Gig: 30 - 180 minutes
- Fee: from $100 to 500
- Languages: English
Just plan fun have this delightful clown.
Additional Booking Notes
music and lights helps the clowns looks
Famous Friendly Pismo The Clown! , A typical performance for Pismo The Clown he arrive at the party and spend the first several minutes walking around getting to know the guest names. Making Balloons: animal balloons, he's good with children, and shows how much fun clowning is with his slip-six dry humor.
Pismo offers Face Paint but by request only by Miss Avila Beach The Clown his wife for funny face painting. Pismo Sings silly songs, has clean Jokes that even the grown ups should get a few good laughs. Birthday and Fun-raisers are great for Pismo!
The Living Legend Pismo the friendly clown will require a small table with a couple of arm less chairs, and a plug outlet to plug in his music player.
Set List
Burp Music
Influences & Inspiration
Bozo The Clown,
Setup Requirements
110 plug and table with two chairs.
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The Molly Maguires (1970)
The Molly Maguires Videos
The Molly Maguires Photos
Movie Info
Watch it now
as James McParlan/McKenna
as Jack Kehoe
as Mary Raines
as Davies
as Dan Dougherty
as Mrs. Kehoe
as Frazier
as Father O'Connor
as Frank McAndrew
as Mr. Raines
as Mrs. Frazier
as Jenkins
as Mrs. McAndrew
as Bartender
as Gomer James
as Franklin Gowen
as Gen. Charles Albright
as Girl at Football Game
as Football Player
Critic Reviews for The Molly Maguires
All Critics (9) | Top Critics (3) | Fresh (8) | Rotten (1) | DVD (2)
The trouble, as so often with Ritt films, is that the situation remains interesting rather than involving. But at least this detachment means that one has the leisure to savour the textures of Wong Howe's magnificent camerawork.
Realism without much reality, enormous care for the wrong details, historical accuracy and spineless dramaturgy.
What it does have, however, are powerful performances from Connery as a labour leader, and Harris as a government agent sent to infiltrate the group. There is also good photography by Howe.
You'll be nudged one way and pushed the other
Audience Reviews for The Molly Maguires
A band of immigrant coal miners establish a secret society to deal with their harsh working conditions in any manner necessary. Quiet, understated performances by Harris and Connery set a grim tone for these true to life events, but overall the film fails to build to a satisfactory emotional climax.
I really liked the music score for the film. I thought that the film presented a good aspect to what a coal miners life was life and town life for Irish immigrants in a small coal town during the 1870's. I thought the film showed a good representation of the troubles the mines faced by its workers and how the workers had difficulty getting away from businesses like coal mining because they charged there employees for everything from housing, food, local shops, supplies they consumed on the job like carisean and oil to light their lamps to see. I thought the ending was a little odd. I found it interesting this film presented this from the viewpoint of a man hired to investigate the coal vandilers causing damage to the coal mining business. I actually felt more towards them than the coal mining business who I would consider the villains not the good guys in this film. I thought that the ending was odd.
What happened to kids in the 40s and 50s to make them so damn depressed in the 70s? In a classic 1970s move, this flick ends on one of the greatest downer moments ever. Not much happens in this one, but Harris carries it well enough and, my god, the ending!
The Molly Maguires Quotes
There are no approved quotes yet for this movie.
Discussion Forum
Discuss The Molly Maguires on our Movie forum!


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Doctor insights on:
Causes Of My Chest Blister
Pain in the upper chest. I was born with blisters on my lungs and already collapsed one lung? Is either of these the cause?
Blebs: chest pain is a common manifestation of a collapsed lung. Given history of pulmonary blebs ("blisters") and prior collapsed lung (pneumothorax), examination by a doctor and a chest x-ray is recommended. ...Read moreSee 1 more doctor answer
Blistering (Definition)
Blistering is a bubble of skin filled with fluid. They can occur to excessive rubbing (as with a new pair of ...Read more
Can prolonged recreational use of Adderall, sometimes staying up for days, cause small fluid filled blisters to form on chest and hands randomly?
No: Unlikely, but watch out this is a dangerous drug can cause serious problems, misuse can cause sudden death ...Read more
Has yellowish blister under one side of tongue also has ear and chest ache. Could his sinuses cause this. Has had really bad sinus problems for years?
Possibly: it could be a stained from sinus drainage, or part of allergy response. Either drink water and juice and take allergy and sinus medication. Drink a hot green tea with lemon and honey. If you start showing any sign of bacterial infection,see your physician for possible antibiotics ...Read more
Blister rash on forehead, larger on chest & burning feeling. Skin in corners of eyes red & itchy. Is Doxycycline the cause? No UV expose recently.
It could be.R U: taking Doxycycline?U V is Sunlight so if the rash follows sun exposed areas of skin,there is your exposure.Stop the med and contact your perscribing MD. ...Read more
Tonsil stones causing side effects include hearing loss sores in mouth coughing fits small blisters on neck chest nd backnd pressure in head nd neck?
Viral infection?: Good morning, enlarged tonsils, pressure in ears due to blockage of eustachian tubes connecting middle ear to sinuses, pressure in head, and sores in the mouth are symptoms of increased immune system activity to get rid of a viral infection, the most common being an adenovirus infection. These infections are frequent and may get resolved in due course. If the symptoms continue, please see your doc. ...Read moreSee 1 more doctor answer
I have a blister type rash across my chest the blisters have a matalic colour to them?
One side of chest?: If the blisters are only on one side of the chest then you could have shingles. See your doctor for evaluation and treatment. ...Read more
I have developed a rash/blisters on my chest. Anything i could put on it?
Depends: On what it iis. Poison ivy rash-calamine. If shingles, then nothing and see your doctor. If reaction to something topical or systemic, steroid cream or oral steroids. Point is, it could be many different things and it needs to be looked at to decide the best treatment. ...Read more
Blisters in one spot on chest non itchy?
A few options: Might be a local allergic reaction--jewelry, something in pocket of shirt, etc.--or from an insect bite(-s)--or early shingles / zoster. Should see your dr or urgent care dr to have it checked. ...Read more
Upper chest n face liquid fluid blisters n itching?
Need eval: Unfortunately, skin lesions, rashes etc, are really tough to diagnose effectively over the computer and you need to see a dr or health care provider in person to get properly evaluated and treated to assure the right diagnosis and treatment. Best wishes. ...Read moreSee 2 more doctor answers
I got a pimple on my chest, popped it and it became a blood blister. Been there for a week. How do I get it to go away?
Puncture: Clean a needle with alcohol and puncture the blister to evacuate the blood. It should then heal. ...Read more
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