text:
Evergreen Recycling, LLC - Interim Decision, July 28, 2005
Interim Decision, July 28, 2005
In the Matter
- of -
an Application To Construct and Operate a Solid Waste Management Facility pursuant
to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State
of New York (6 NYCRR) Part 360 in the Town of Clay, Onondaga County,
- by -
DEC Case No. 7-3124-00356/1
July 28, 2005
In this permit hearing proceeding conducted pursuant to part 624 of title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR"), intervenors Town of Clay, Madison County, and Onondaga appeal, by leave of the Commissioner, from two rulings of Administrative Law Judge ("ALJ") Daniel P. O'Connell: (1) a November 18, 2003 ruling adjourning the proceeding until the merits of applicant Evergreen Recycling, LLC's notice of claim against various municipal and county intervenors were resolved, and (2) a December 4, 2003 ruling (denominated a clarification) resuming proceedings as a result of applicant's withdrawal without prejudice of its notice of claim. For the reasons that follow, I reverse the ALJ's December 4, 2003 ruling, affirm the November 18, 2003 ruling, and adjourn the proceeding until applicant's notice of claim is resolved on the merits.
Facts and Procedural Background
Applicant submitted an application to the New York State Department of Environmental Conservation ("Department" or "DEC") for a 6 NYCRR part 360 ("Part 360") permit to construct and operate a solid waste transfer station. As originally proposed, the transfer station would accept construction and demolition debris from building and demolition contractors, municipalities, and local haulers, and commercial municipal solid waste from private haulers and businesses. The proposed facility would use an existing building located in the Town of Clay, Onondaga County, New York.
Department staff determined that the application was complete as of August 15, 2002. By submission dated May 28, 2003, applicant also applied for an air facility registration. Staff determined, however, that based upon applicant's analysis of hazardous air pollutant emissions from alternative fuel processing, applicant did not qualify for registration. Rather, applicant was required to apply for a State facility permit to address its air emissions.
On January 9, 2003, a legislative public hearing was held pursuant to 6 NYCRR part 621 ("Part 621"), and written comments were received until January 17, 2003. After reviewing the public comments, in a letter dated May 5, 2003, Department staff requested, pursuant to 6 NYCRR 621.15(b), additional technical information from applicant. In a letter dated May 28, 2003, applicant provided some information, but otherwise indicated that no further information would be provided, and demanded that the Department make a final determination on the permit application within ten working days.
In a letter dated July 16, 2003, the Department's Region 7 staff notified applicant that the permit application was denied based upon applicant's failure to respond to staff's request for information and its failure to meet the specific requirements of 6 NYCRR parts 201, 212, and 360. Staff indicated that, although some information requested was provided, most of the information requested was not (see Letter from DEC Regional Director Kenneth Lynch [7-16-04]). By letter dated July 16, 2003, applicant requested an adjudicatory hearing with respect to the permit application denial, and the matter was subsequently referred to the Department's Office of Hearings and Mediation Services on July 21, 2003. ALJ O'Connell scheduled an issues conference for September 8, 2003. Timely petitions for full party status were filed by Madison County, Informed Clay Residents Against the Transfer Station ("I C RATS"), Town of Camillus, Onondaga County, Town of Clay, and the Oneida-Herkimer Solid Waste Management Authority ("Oneida-Herkimer SWMA"). In addition, a timely petition for amicus status was filed by the Onondaga County Resource Recovery Agency ("OCRRA") (collectively "intervenors").
Applicant's July 16, 2003 Notice of Claim
Through its petition for amicus status, OCRRA informed the ALJ that on July 16, 2003, applicant and Industrial Media Corporation served a notice of claim pursuant to General Municipal Law § 50-e as against all the municipalities and public corporations that participated in the January 9, 2003 legislative hearing in these proceedings. Those parties included OCCRA, Onondaga County, Oneida-Herkimer SWMA, Oswego County, Town of Clay, Town of Camillus, Town of Cicero, City of Auburn, Madison County, and the Department (collectively "named parties").
In its notice of claim, applicant stated that:
"The nature of the claim includes, but is not necessarily limited to: tortious interference with business relations, abuse of process, prima facie tort, common law indemnity, breach of contract, restitution and strict liability. Claimants also assert anti[t]rust and constitutional violations. The claims arise out of the individual and combined improper efforts of [the named parties] to prevent claimants from obtaining a permit from the [Department] to construct and operate a solid waste management facility at 7707 Henry Clay Blvd., Town of Clay.
. . . "The time when the claim first arose and the first injuries sustained was on July 16, 2003, when the New York State Department of Environmental Conservation denied Evergreen Recycling, LLC's application for a permit to operate a solid waste management facility at 7707 Henry Clay Blvd., Town of Clay"
(Notice of Claim [7-16-03]).
In a supplemental claim dated July 31, 2003, submitted in response to Oswego County's demand for a supplemental notice of claim, applicant indicated that the named parties were "jointly and severally liable" for over $6 million in damages for lease payments, lost revenues, engineering fees, and additional legal fees.
Issues Conference and November 18, 2003 Ruling
After some preliminary matters were addressed, the majority of the September 8, 2003 issues conference was devoted to a discussion of applicant's notice of claim and the effect the claim had upon participation at the hearing. Participants at the issues conference included Department staff, applicant and all the parties that filed petitions for either full or amicus party status. The intervenors argued that the filing of the notice of claim had had an improper chilling effect on public participation at the hearing and undermined the integrity of the hearing process. Among other things, intervenors contended that the notice of claim exposed the parties to thousands of dollars in attorney's fees and the involvement of insurance companies to defend against the claims. Intervenors were concerned that further participation in the proceedings would expose them to additional costs and claims. It was also noted that several municipalities that participated in the Part 621 legislative hearing -- Oswego County, the Town of Cicero, and the City of Auburn -- did not file petitions for party status. Counsel for Madison County indicated that she was told by Oswego County's counsel that Oswego would not participate in the DEC proceedings because of the notice of claim (see Issues Conference Transcript, at 82-83). Oswego County allegedly stated that it was served in a similar situation by applicant's counsel, and did not need another law suit. OCCRA indicated that it chose to file for amicus, as opposed to full, party status because of the notice of claim.
The ALJ adjourned the issues conference at the conclusion of the discussion and provided the participants with an opportunity to file briefs and replies. On November 18, 2003, the ALJ issued a ruling and notice of adjournment ("November 2003 Ruling"). In that ruling, the ALJ held that, despite applicant's arguments to the contrary, the notice of claim had adversely impacted public participation in the hearing process (see November 2003 Ruling, at 13). After examining all the options presented by the parties, the ALJ concluded that the best course of action was to adjourn the administrative proceeding until applicant's claims were resolved on the merits "by a court of competent jurisdiction" (see id.). The ALJ also noted that if applicant chose to withdraw the July 16, 2003 notice of claim, or any subsequently filed complaint, before the court examined the matter, the ALJ would resume the issues conference (see id. at 14).
December 4, 2003 Clarification Ruling
By letter dated November 26, 2003, applicant served an executed notice of withdrawal of notice of claim upon the named parties. At a December 2, 2003 conference call with the parties, intervenors expressed concern whether the withdrawal was effective and sought clarification of that portion of the ALJ's November 2003 ruling that allowed for withdrawal. Intervenors argued that to be effective, the withdrawal of the notice of claim had to be "with prejudice" in order for the issues conference to continue.
On December 4, 2003, the ALJ issued a second ruling, denominated a "clarification" ("December 2003 Ruling"). In the December 2003 ruling, the ALJ indicated that he had not intended to condition the withdrawal of notice of claim in the manner urged by intervenors.
On January 22, 2004, the parties were informed that the Commissioner granted motions for leave to appeal filed by Town of Clay, Madison County, and Onondaga County. A joint appeal brief was filed by the Town of Clay and Madison County. Onondaga County filed a separate appeal brief. Reply briefs were filed by applicant and Department staff. An amicus brief was filed by OCCRA supporting appellants.
Positions of the Parties
Town of Clay/Madison County Appeal
The Town of Clay and Madison County ("joint appellants") support the ALJ's conclusion that the notice of claim adversely impacted public participation in these proceedings and that the claim should be resolved on the merits by a court of competent jurisdiction before administrative proceedings resume. Joint appellants, however, challenge the ALJ's determination to resume proceedings based upon a withdrawal of the notice of claim that was not "with prejudice."
Joint appellants argue that a withdrawal without prejudice can be re-filed at any time, and note that applicant has taken the position that such a withdrawal is not a determination "on the merits." Joint appellants assert that allowing resumption of proceedings without a withdrawal "with prejudice" is inconsistent with the requirement that applicant's claim be resolved on the merits before proceedings resume.
Joint appellants assert that ECL article 70 and 6 NYCRR part 624 evince a Departmental policy to ensure fair public hearings. Joint appellants contend that the ALJ's December 2003 ruling undermines that policy because it imposes no penalty for "unscrupulous applicants who would seek to chill the public process by the filing of illegitimate" notices of claim.
Joint appellants contend that it is applicant who has created the dilemma before the Commissioner. Joint appellants argue that applicant, in its notice of claim, has alleged that the Department, together with the participating municipalities, counties, and other governmental entities, improperly conspired to deny applicant a permit. Yet, it is applicant, joint appellants contend, that seeks to have Departmental administrative review proceed.
Joint appellants contend that the only effective remedy for the harm to the process caused by applicant is to require a resolution of applicant's claims "on the merits," either by a full release of liability or litigation of the claim to its completion in a judicial forum. In the alternative, joint appellants seek summary dismissal of applicant's Part 624 proceedings.
Onondaga County Appeal
Onondaga County also does not contest the ALJ's conclusion that the notice of claim adversely impacted public participation in these proceedings, or the ALJ's conclusion that a remedy is required to cure the adverse impact. Onondaga County, however, challenges as ineffective the remedy imposed in the ALJ's December 2003 ruling.
Citing section 70-0103(4) of the Environmental Conservation Law ("ECL") and 6 NYCRR 621.7(c), Onondaga County asserts that public participation is the "sine qua non" of the Department's permit process. Onondaga County contends, however, that applicant's notice of claim has driven potential parties from the process due to insurance coverage concerns. Onondaga County contends that parties driven from the process include Oswego County, which filed no petition for party status, and OCCRA, which only sought amicus status. Onondaga County contends that the full extent of the chilling effect cannot be determined.
Onondaga County argues that the ALJ's December 2003 ruling essentially rewards intimidation tactics and deters public participation. Onondaga County contends that the only fair and effective remedy is to dismiss applicant's Part 624 proceeding (citing Matter of Bath Petroleum Storage Facility, Interim Decision of the Deputy Commissioner, Nov. 6, 2000, affirmed on judicial review by Matter of Bath Petroleum Storage, Inc., 298 AD2d 883 [2002], lv denied 99 NY2d 507 [2003]). Onondaga County urges that the primary function of the hearing -- public participation in a fair process -- cannot be met in these proceedings, thereby warranting dismissal.
In the alternative, Onondaga County urges that proceedings should be adjourned until applicant's claims have been finally resolved on the merits.
Applicant's Reply
In reply, applicant challenges the ALJ's determination that its notice of claim had an improper "chilling effect" on the proceedings. Applicant argues that the remedies sought by appellants are "grossly disproportionate" to the alleged harm. First, applicant denies that the timing of the notice of claim with the filing of the request for a Part 624 hearing is proof of an impermissible effort to chill public participation. Rather, applicant contends that such timing was required by the short time frames associated with both notices of claim and permit hearing requests.
Second, applicant argues that the evidence does not support the conclusion that intervenors were chilled in their participation by the notice of claim. Applicant offers various explanations for why those who filed petitions for party status and those who did not took the actions they did.2
Third, applicant contends that citizen participation, not governmental participation, is what is protected by the ECL and other statutory provisions sanctioning SLAPP ("strategic lawsuits against public participation") suits.
Applicant continues that, even assuming its filing of a notice of claim improperly chilled public participation in the administrative process, its actions were reasonable and necessary to protect its constitutional right of meaningful access to the courts and administrative agencies, and it should not be sanctioned for attempting to exercise its constitutional rights. Applicant claims that no legal basis exists for adjourning the hearing process until its claims are resolved on the merits, or otherwise requiring applicant to provide general releases to the named parties.
Distinguishing Matter of Bath Petroleum, applicant also contends that permit denial cannot be summarily determined without a hearing. Citing Matter of Blasdell Develop. Group, Inc. (ALJ Rulings on Issues and Party Status, Aug. 17, 1995), applicant contends that it is entitled to a hearing to identify precisely the information it must provide to complete the application review process before any permit can issue.
Department Staff's Response
Department staff's submission on the appeal, supports the position of appellants Town of Clay, Madison County, and Onondaga County. Staff argues that because no provision in law exists for withdrawal of a notice of claim once it has been filed, applicant's withdrawal, whether with or without prejudice, is meaningless. Staff contends that the only remedy available is for the Commissioner to uphold denial of the permit, either on the basis of the notice of claim's impact on public participation, or on the merits, based upon the pre-filed testimony already submitted in these proceedings.
OCCRA Amicus Brief
In its amicus brief, OCRRA also supports the position of appellants. In particular, OCRRA focuses on the "abuse of process" claim alleged in the notice of claim, and points out that the Department is included in that claim. OCRRA contends that the abuse of process claim must be judicially resolved before the administrative process may continue. OCRRA argues that it makes no sense to continue a process that applicant alleges is tainted until the judiciary has investigated and resolved the claim.
Public participation in the administrative review of permit applications is a central feature of New York's environmental policy. In adopting ECL article 70 -- the uniform review procedures for major regulatory programs of the Department -- the Legislature expressly indicated its intent "to encourage public participation in government review and decision-making processes and to promote public understanding of all government activities" (ECL 70-0103[4]; see also ECL 1-0101[2] [Legislature's declaration of policy]). In addition, the Legislature expressed its intent that the administrative review of regulatory permits be "fair, expeditious and thorough" (ECL 70-0103[1]).
Consistent with the policy of public involvement in the review process, ECL 70-0119 expressly recognizes the role of members of the public and "other state agencies or units of government" in permit hearing proceedings (see ECL 70-0119[1]). Indeed, the failure to afford the public and all interested parties their appropriate role in the permit review process in general, and the adjudicatory hearing proceedings in particular, has served as a basis for annulment of a Departmental action on judicial review (see, e.g., Matter of City of Long Beach v Flacke, 77 AD2d 638 [2d Dept], app dismissed 51 NY2d 878 [1980]).
Having expressly authorized adjudicatory proceedings as an element of permit application review (see Matter of Mount St. Mary's Hospital v Catherwood, 26 NY2d 493, 505 [1970]), and having expressly provided for participation by affected governmental entities and the public in that process, the Legislature vested the Department with both the responsibility and authority to protect the integrity of the public hearing process and to take measures necessary to correct threats to that integrity (see Matter of Nicholas v Kahn, 47 NY2d 24, 31 [1979] [State agency has those powers expressly and impliedly delegated by the Legislature]). Consequently, actions by parties that threaten the fundamental fairness of the hearing process, or have an undue adverse impact upon, or constitute an abuse of, public participation in that process must be examined closely, and the appropriate remedy imposed in the event that abuses or improper impacts are identified.
Intervenors allege that applicant's notice of claim is frivolous and filed for the sole purpose of chilling public participation in these proceedings. Review of the record strongly supports intervenors' contentions. First, applicant's claim does not appear to be ripe for judicial review. Given the availability of these Part 624 permit hearing proceedings to administratively challenge Department staff's determination to deny the permit application, applicant's contention that it was required to file its notice of claim at a time prior to a final agency determination appears overstated.
Second, the factual allegations of the claim lack specificity, raising justifiable doubt about their validity. Instead, the notice of claim contains a "kitchen sink" litany of vague tort and constitutional claims that lacks any discernable factual allegations that would support such claims. Moreover, given the basis for staff's denial of the permit (i.e. applicant's failure to provide requested technical information), the allegation of an illegal conspiracy effecting permit denial appears specious. Not only is staff's denial on the asserted ground not inherently illegal, it is authorized by statute and regulation (see ECL 70-0117[2]; 6 NYCRR 621.15[b]). Nothing in the record supports the assertion that staff based its denial on grounds other than those it expressly asserted.
Additionally, the timing of applicant's notice of claim is suspicious, as is the circumstance that only those entities participating in the legislative hearing on applicant's proposed solid waste transfer facility were named. Furthermore, even assuming the doctrine of exhaustion of administrative remedies did not apply, and applicant was required to commence its challenge to Department staff's July 16, 2003 permit denial within ninety days of that denial, as applicant contends, applicant has apparently done nothing to pursue its claims. Applicant's failure to pursue its notice of claim raises doubts about its seriousness.
The record also contains ample evidence that participation in the hearing process has been chilled as a result of the attorney's fees and insurance costs incurred by intervenors in defense of applicant's notice of claim. To be sure, intervenors in Part 624 permit hearing proceedings often face litigation costs that are an unavoidable part of the process. Indeed, if applicant's claims were valid and the timing of their notice of claim appropriate, the costs associated with defending against the claims would not place an "improper" burden upon intervenors. However, litigation costs associated with the defense of frivolous claims impose upon the participants in Departmental proceedings an extraordinary undue burden not ordinarily associated with the process.
On the other hand, assuming applicant's claims are valid, those claims also challenge the integrity of the permit application review process. Applicant's notice of claim alleges a fundamental illegality involving intervenors and Department staff in the denial of applicant's permit application. Thus, the Department is faced with a dilemma. Whether intervenors are correct, or applicant is correct, either way, the fundamental integrity of this Part 624 permit hearing proceeding has been brought into serious question.
Accordingly, I agree with the ALJ that these proceedings must be adjourned pending resolution on the merits of the claims alleged in applicant's July 16, 2003 notice of claim (see November 2003 Ruling, at 14). Applicant has opted to invoke a judicial forum, rather than this Part 624 proceeding, to address its claim of illegal conspiracy. Accordingly, these Part 624 proceedings should not proceed until applicant's claims are resolved, so that whatever illegality occurred, if any, can be identified and remedied. In addition, court proceedings will also provide an appropriate forum for resolving whether applicant's claims are indeed frivolous, and the court may provide the appropriate remedy in such eventuality. Once applicant's claims are judicially resolved on the merits, and any and all appeals addressed, this Part 624 proceeding may resume.
I disagree with the ALJ's conclusion, however, that applicant's withdrawal of its notice of claim "without prejudice" provides a sufficient alternative to judicial resolution of applicant's claims on the merits (see December 2003 Ruling, at 1). Applicant's unwillingness to withdraw its notice of claim "with prejudice" suggests that it has not released its claim with the finality a judicial determination on the merits would carry. Thus, until applicant's claim is resolved on the merits by a court of competent jurisdiction, is withdrawn "with prejudice" by applicant, or otherwise settled among the parties, this Part 624 proceeding should be adjourned.
Applicant's contention that its right to meaningful access to the courts is infringed by an adjournment of this administrative proceeding is not persuasive. To the contrary, applicant should exhaust the judicial proceedings it deems are available to it to resolve the claims it has alleged and to address any improper taint or illegality in the Department's permit review process that it alleges has occurred.
Accordingly, the ALJ's December 2003 Ruling is hereby reversed, the November 2003 Ruling affirmed, and the matter is adjourned until applicant's July 16, 2003 notice of claim is resolved consistent with this Interim Decision.
For the New York State Department
of Environmental Conservation
By: Lynette M. Stark, Deputy Commissioner
for Natural Resources and Water Quality
Dated: Albany, New York
July 28, 2005
1Acting Commissioner Denise M. Sheehan delegated decision making authority in this proceeding to Deputy Commissioner Lynette M. Stark by memorandum dated March 29, 2005.
2While addressing Oswego County's failure to participate, applicant refers to an ex parte communication from Oswego County to the ALJ. To the extent that this reference suggests that the communication was improper, such a charge is not supported by the record. Upon receipt of the subject communication from Oswego County, the ALJ forwarded a copy of the letter to the entire service list for these proceedings, including applicant, with instruction that further communications must be copied to all parties. Thus, to the extent an ex parte communication occurred, it was remedied by the ALJ.


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Press Release
January 26, 2004
- January 26, 2004 -
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Just a shadow in the dark
You've seen my face before
Is it just a fantasy
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Can't say what's on my mind
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My time draws near, what I thought was peace of mind long before I broke
Rules Thinking now about my perfect crime now I'm standing in the line
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Peter Wallace: Former Torrington athlete David Gilmore needs your help
Happy Gilmore needs your help.
The real Happy Gilmore, that is, as in Torrington High School basketball and football star David "Happy" Gilmore from the class of 2005.
Gilmore, Torrington's football MVP for three straight years, played for a year at Division I Central Connecticut State University, got hurt, then headed south to pursue a life-long dream.
At Le Cordon Bleu College of Culinary Arts in Orlando, Florida, Gilmore, who spent his high school years cooking at Salerno's and the Greenwoods Country Club, became a full-fledged chef.
In 2008, he signed on at Orlando's Islesworth Country Club, stayed a year-and-a-half, then moved to The Palms in New York City. A year later, he got back to Torrington at DeCapo's Restaurant.
In another two years, he became Chef de Cuisine — second chef in charge — at Infinity Hall Bistro and Music Hall in Norfolk.
Married to his high school sweetheart — Katherine Marsh Gilmore — the dream sprouted flowers: two girls and a boy, 3 years old, 17 months and 11 weeks.
Anyone who's been to Infinity Hall feels the joy in the undertaking.
"The spirit of this community is what makes it a pleasure for us to come to work every day," a web link says. You believe it when you see it.
For Gilmore, it was a dream come true.
And then...
Let him tell it.
"I was driving home March 22, leaving work around 9 p.m. down Norfolk Road. A drunk guy, driving without his headlights on, jumped the lane and crashed into me, head on.
"He had no insurance. I had a broken sternum, eight broken ribs, a dislocated knee, a fractured shoulder, punctured lung and a concussion."
Gilmore was in intensive care for two days, then three more in the hospital before he could begin physical therapy.
His orthopedic surgeon is still a week away form a decision on surgery for Gilmore's knee and shoulder.
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Infinity Hall has stepped up to help and they're inviting us along.
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Suggested donation at the door is $20. Attendees are encouraged to give whatever they can. Children 12 and under are free.
Those who can't get to Infinity Hall can contribute by mailing a check to David Gilmore Benefit, Infinity Music & Entertainment, Inc., 525 New Britain Avenue, Unionville, Connecticut 06085.
"I always wanted to be a chef," said Gilmore. "It just happened sooner than I expected."
So did this.
Everyone who knows David Gilmore knows he earned his nickname way ahead of Adam Sandler's movie character.
Now we can help Happy literally get back on his feet.
"I just keep putting good food out and people keep following," he grins in what might just become a trademark.


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Forty-one years after the Supreme Court's decision in Roe v. Wade it seems hard to imagine that resistance to legalized abortion was once marginalized as "a Catholic issue" and that the Christian Right did not exist. This, however, is what the political landscape looked like in the years immediately before and after the court's ruling.
Following the various factors that led to the landscape we know today helps explain the shifting terrain of American abortion politics and its possible future. Whatever foundation the street protests of the 1980s and '90s laid, the front line of the nation's abortion battle has shifted away from the sidewalks in front of abortion clinics. Now, abortion policy is being formed in state legislatures and tested in the nation's state and federal courts.
Abortion was seized upon in the mid- to late 1970s as a means to mobilize conservative Protestants as a unified political force. Presented as a grave sin that threatened the nation's existence, abortion proved unique in its ability to strike conservative Christian audiences at a visceral level and create the need for immediate action. Once formed, the early Christian Right invested its energy and hopes in Ronald Reagan's 1980 presidential campaign.
Reagan's victory brought with it the expectation that abortion would soon again be outlawed, but the antiabortion movement and the greater Christian Right saw no such victory or even concrete steps in that direction. The resulting frustration led to the formation of organizations that offered a means to directly fight abortion, and the large-scale clinic-front clashes of the 1980s and '90s – sometimes referred to by organizers as "Rescues" – were born.
Abortion-rights activists countered their opponents' direct attempts to shutter clinics by marshaling grass-roots tactics and employing trial-and-error legal regulation. The collection of injunctions and laws that they eventually secured – most notably the 1994 Freedom of Access to Clinic Entrances, or FACE, Act – combined with a spate of shootings and murders of abortion providers in the mid-1990s to end the era of Rescues.
Today, massive clinic-front protests have largely disappeared, though stalwart antiabortion activists – fewer in number – still gather to attempt to dissuade women from entering, persisting as a real issue for clinics and those seeking to access them.
Investing in traditional politics
The conditions for the dominant contemporary form of abortion politics were set during the height of Rescue-style activism. In 1989 and 1992 respectively, the United States Supreme Court decided two cases – Webster v. Reproductive Health Services and Planned Parenthood of Southeastern Pennsylvania v. Casey – in which it largely upheld individual states' attempts to regulate and restrict access to abortion. These cases helped push the antiabortion movement and the greater Christian Right to invest heavily in traditional institutional politics.
The ongoing clashes in front of clinics also contributed to the creation of the next phase of abortion politics by gathering the professionals needed to wage the institutional fight over abortion policy. Rescue-style protests resulted in activists being arrested and sometimes tried, while the clinics' injunctions and the states' laws regulating antiabortion activism produced constitutional legal challenges of their own. Both types of cases combined to bring sympathetic lawyers into the antiabortion movement.
Large Christian Right public interest law firms and policy organizations such as the American Center for Law and Justice, Alliance Defending Freedom, and Liberty Counsel correspondingly began to appear in the mid-1990s. Unlike some of the Christian Right's earlier attempts at entering traditional politics, these organizations are well funded, and staffed by experienced Christian lawyers and strategists. They possess realistic political expectations, have access to a diffuse network of like-minded professionals across the country, and focus on a mix of legislative, litigation-based, and grass-roots tactics.
The Supreme Court's recent hearing of a challenge to Massachusetts' abortion clinic buffer zone law – McCullen v. Coakley – is a notable example of their work within the contemporary politics of abortion.
While well equipped to wage these present-day fights, the training and recruitment efforts of these organizations reveal their interest in the future. The direct connection between some conservative Christian public interest law firms and like-minded law schools is particularly telling. Schools such as Pat Robertson's Regent University School of Law and Jerry Falwell's Liberty University Law School train the next generation of Christian lawyers and provide their students with direct access to Christian Right political and legal organizations through their faculty and established internship programs.
The next battleground
This level of investment suggests that these organizations will continue to play significant roles in defining the future of abortion politics and related social issues.
The exact future and form of abortion politics is hard to predict because, as history has shown, it is so dependent upon a variety of contextual factors. A start to the unraveling of the legal means that clinics have used to regulate opposing activists will probably result in an increase of clinic-front activism, but it is unlikely to result in a return to Rescues.
The Supreme Court's treatment of the ever-mounting pressure from antiabortion state legislative activity, however, provides a more compelling indication of where the next battleground may be. The court has recently refused to hear some lower court cases that have struck down state restrictions on abortion access, but the stream of such cases heading to the court is unaffected. The increasing professionalization of the antiabortion movement promises that these cases will persist, making it clear that we are approaching a significant crossroads in the ongoing politics of abortion.
Joshua C. Wilson is an assistant professor of political science at the University of Denver. He is the author of "The Street Politics of Abortion: Speech, Violence, and America's Culture Wars."


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You know the old saying, "the only constant in life is change?" This is especially true in health care where reform and technology bring constant change (e.g., PQRS, VBM, MU, MACRA, MIPS, and APMs). Constant change and endless, complicated acronyms.
This post incorporates a little of both as we highlight Telligen's work with the CMMI.
What is the CMMI?
CMMI, or the Centers for Medicare & Medicaid Innovation Center, was created as part of the Affordable Care Act to transform the fee-for-service health care system into one that offers coordinated care at higher-quality and lower-cost. Sounds easy, right? It's obviously not, and that's where we come in.
Telligen/CMMI By the Numbers:
- CMMI contracts employ 210 Telligen employee-owners
- Telligen holds 19 CMMI contracts spanning 6 out of the 7 Innovation Center categories
- Employee-owners test new payment models designed to improve care, reduce costs, and create a sustainable future for Medicare
- Click here for more on results and impact
What We Do, And Where We're Doing It:
Telligen lends its clinical and technical expertise to multiple CMMI projects supporting the development and testing of new health care payment and service delivery models. Broadly speaking, those models fall into three categories: population-based payment (accountable care organizations and primary care medical homes), episode-based payment models (bundled payments), and other models focused on specific types of providers and/or patients. Here are few CMMI projects Telligen employee-owners currently support.
Project ACHIEVE (Achieving Patient-Centered Care & Optimized Health in Transitions by Evaluating Evidence)
- Background: Study analyzing transitional care strategies with the goal of developing post-hospital best practices.
- Our role: Develop provider/facility survey instrument, conduct site visits & data analysis consulting.
ACO Program Analysis & Operational Support (Accountable Care Organization)
- Background: Program using ACOs to facilitate provider coordination, improve quality & reduce costs.
- Our role: Assist with measures selection & specifications; provide technical assistance, & audit quality data.
Pioneer ACO
- Background: Payment & delivery model designed to improve outcomes & achieve cost-savings for Medicare.
- Our role: Assist with design & development of a quality reporting tool that supports the model.
Bundled Payment Care Initiative
- Background: A Medicare payment reform demonstration designed to improve care quality & coordination & lower costs.
- Our role: Offer subject-matter expertise related to collection & analysis of qualitative & quantitative data.
CICDIM (Consolidated Innovation Center Development & IT Management)
- Background: The CMS Innovation (CMMI) Center supports development of new payment & delivery models.
- Our role: Business analysis, quality assurance & development across current & future CMMI initiatives.
CPC (Comprehensive Primary Care)
- Background: Medicare Initiative bringing together public & private payers to improve care delivery.
- Our role: Offer support & subject-matter expertise related to quality, attribution, operations, technical support & participation management.
CPC+ (Comprehensive Primary Care Plus)
- Background: Scaled-up version of the original CPC to include 5K additional practices.
- Our role: Support practices & payers through program design & operations subject-matter expertise.
Evaluation of CJR Model (Comprehensive Care for Joint Replacement)
- Background: Tests bundled payment & quality measurement for care episodes related to hip & knee replacements.
- Our role: Primary data collection & operational support; data analysis & reporting.
Oncology Care Model
- Payment & delivery model designed to improve care for beneficiaries receiving chemotherapy.
- Our role: Centralized support related to quality measures, feedback reports, site visits & monitor claims data.
Reducing Avoidable Hospitalizations Among Nursing Facility Residents
- Background: Effort to improve quality of care for nursing facilities by reducing avoidable hospitalizations.
- Our role: Support site assessments & data collection; facilitate a results-oriented learning community.
Transforming Clinical Practice PTN (Practice Transformation Network)
- Background: Initiative to achieve large-scale practice transformation across six states & 7K clinicians.
- Our role: Support initiatives that improve quality of care for Medicare beneficiaries in Iowa, Illinois, & Colorado.


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In Elmer/Ice, the dynamics of the grounding line is treated as a contact problem between the bedrock and the ice. We didn't use the floating hypothesis to determinate the GL position, neither we impose a Schoof type condition at the GL.
Many solvers and user functions are required to solve this complex problem. Here is a flowchart of the SIF file required to solve for the GL dynamics.
GroundedMask variable using GroundedSolverInit: (+ 1 if grounded, - 1 if floating, 0 if on the grounding line (also grounded but allow to localise the GL))
Compute Normal to
False for all boundaries, excepted at the bedrock where:
ComputeNormal Condition = Variable GroundedMask Real MATC "tx + 0.5"
Slip Coefficient 2 = Variable Coordinate 1 Real Procedure "ElmerIceUSF" "SlidCoef_Contact"
GroundedMask using GroundedSolver.
Favier L., O. Gagliardini, G. Durand and T. Zwinger, 2012. A three-dimensional full Stokes model of the grounding line dynamics: effect of a pinning point beneath the ice shelf. The Cryosphere, 6, 101-112, doi:10.5194/tc-6-101-2012.
Durand G., O. Gagliardini, B. de Fleurian, T. Zwinger and E. Le Meur. 2009. Marine Ice-Sheet Dynamics: Hysteresis and Neutral Equilibrium, J. of Geophys. Res., Earth Surface, 114, F03009, doi:10.1029/2008JF001170. [pdf]
Durand G., O. Gagliardini, T. Zwinger, E. Le Meur and R.C.A. Hindmarsh, 2009. Full-Stokes modeling of marine ice-sheets: influence of the grid size., Annals of Glaciology, 50(52), p. 109-114.
Gagliardini, O., D. Cohen, P. Råback and T. Zwinger (2007) Finite-element modeling of subglacial cavities and related friction law , J. Geophys. Res., 112, F0227, doi:10.1029/2006JF000576.
An example, not solving for the grounding line, but for a basal cavity opening at the interface between ice and a rigid bedrock, can be found in
[ELMER_TRUNK]/elmerice/Tests/Contact. This test is similar to what was done in Gagliardini et al. (2007), but it includes the recent developments induced by solving for the grounding line dynamics.
A second example using the MISMIP setup and two free surfaces can be found in


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Depends on what you mean by 'quarantine'.
In Canada if you are a recent traveler or suspect you have had close contact with someone who might have it then you are to go into 14 day isolation. That means not leaving your house for anything, even groceries.
Everyone in the country is expected to practice social distancing. That means only leaving the house for essential tasks like grocery shopping or to get some walking exercise. Groups no larger than 2 people.
The federal health minister has stated that social distancing will probably be in effect for months. I commented to my doctor today (via telephone) about being in for 3-4 months and she said to expect longer.
Sorry I was not clear enough I did not mean actual quarantine but the social lockdown which we got e.g. here in Germany, and which requires the government to support every company and workers, who cannot work anymore due to this.
But this is only the economic aspect of it.
Although some do not see this, but this solitary isolation or forced core family isolation can cause all sort of social problems too. Sometimes people still live together, but in reality should better have split up long ago, but I know cases where pairs are still together just because of the big house they own or the children they got, and before Corona they could both have their own social circle but this is not possible anymore.
Or if there is already a situation out of hand with domestic violence and now there is not even an escape for the victims.
For singles they got no possibility to meet people anymore. Especially if you are young and in this situation you might get irresponsible at some point if the isolating lasts to long.


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"Once every 2 months"??!!
My ex (yes, that's right) put literally EVERYTHING before me, and also threw in the "too tired", "not feeling well". To the point I perhaps made love to her once every 6 months.
It cost us our marriage. And cost her the ability to trust any man ever again. We were always the couple others pointed to as "the couple with the indestructible marriage".
When a spouse continually shows the other they are not the priority in marriage there can be no good to come of it.
Making a spouse nearly BEG to be intimate is offensive and abusive.
It denigrates the marriage and tells the spouse they are inadequate and/or undesirable and incapable of satisfying the other as a lover.
Doing this can drive anyone away. Resent soon follows, and then nothing can fix it.


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Chondrogenic Differentiation
MSCgo™ Chondrogenic XF Differentiation Medium is an innovative serum-free, xeno-free medium for the direct differentiation of hMSCs from various sources into chondrocytes. This medium contains all the growth factors and supplements necessary for human mesenchymal stem cell differentiation.
MSCgo™ Chondrogenic Differentiation MediumComplete, serum-free, xeno-free, ready-to-use kit
Optimized for directed differentiation of hMSCs to chondrocytes
Learn More


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Structural Steel's Strength Helps Make NCL Design a Reality
Ian Washbrook, Structural Engineer with Entuitive Corp. engineering firm goes into detail about how structural steel is made and its application in the design of East Village's New Central Library.
"Steel is essentially iron on steroids. Iron is mined from the earth and what they do is they take the iron that's found in the rock and they pulverize it and they use large magnets to extract the iron because obviously iron is magnetic.
You take an ingot of iron and throw it into a furnace and you heat it up – high, high temperatures – and you mix in the carbon and some other alloys such as nickel and vanadium and when it cools down it now changes chemical composition to something that is better than its native iron state.
The strength of steel in the New Central Library, to kind of put it into perspective, if you were to take a steel rod the size of your pinky, you could pick up pretty much two first-generation hummers just from that one piece of rod. That's how strong it is.
Steel can also be shaped different shapes relatively easily with a bit of energy put into it to heat it up and shape it. When steel is a big chunk of material and we're talking quite a large piece of material, you need to shape it into something that's more usable for the building world. Its either basically rolling it into a plate or rolling it into an eye section and forging is the process of putting in a lot of heat and energy, impact energy, pressure to shape the steel into a specific shape.
For the steel that's used in the new central library, we used a lot of I-sections which are basically beams that go through rollers; four sets of rollers that shape it into an I section. Also we used plate steel, and plate steel goes through a – what they call rolling / forging process – its forging it but forging it through a series of rollers and those rollers are designed to basically handle the high temperatures you have to heat the steel up to about 1700 degrees Fahrenheit to make it very malleable.
It will be red hot and sometimes it goes through these rollers multiple times to get the actual thickness that you need, so they may start off with an 8inch thick slab they call it, and they'll roll it down to something that's even as small as half an inch so it will go back and forth through these rollers just kind of like your rolling bread out.
In our case, we have trusses that are so large that each of the members have come as separate individual members, so they ship it to site, lift it into place, they temporarily bolt it together put a whole bunch of temporary bracing to keep it stable, and then they start welding it on site. Part of the fabrication took place in the shop, and part of the fabrication took place in the field.
For the New Central Library, there's a large amount of structural steel elements ranging from fairly standard angles and small beams to quite large custom pieces. A project of this size required two mills to supply the steel so that the general contractor, the construction manager, the fabricator could fabricate all of this steel in a reasonable amount of time and meet the schedule of the library.
One of the things that I think is really cool about structural steel is that I'm always blown away by how strong it really is. I've been a structural engineer for over15 years and I've designed with different materials, of course concrete, wood, sometimes aluminum (not that often) and structural steel and it still surprises to me till this day that some of these beams that don't look that deep can span so far and take quite a bit of load."
– Ian Washbrook, P.Eng.
Learn More About the NCL
I Love East Village
It will still be many years until East Village is completed. As a born and raised Calgarian, I am very excited to see what else is in store for our city's newest cultural and festival destinations.
Find out more at East Village: Projects, News and Everything Else today.
Join Us
Want to know more about local activities, events, news and everything else to with Calgary? If so, we invite you to join us at Calgaryism on Facebook, Twitter and Instagram to stay updated via your live social media feed today.
We are looking forward to having you join our online community!


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Happy Monday everyone! Hope that you all had a fabulous weekend. We wrapped up the Iowa State Fair. Unfortunatley, or fortunately, I missed this year's latest and greatest food on a stick. It was a double bacon corn dog. What's that you ask? Why it is a hot dog with bacon wrapped around it and then dipped in a batter with more bacon. I was highly considering it until I saw the loooooooonnnnnnnngggggg line. At least I save myself a bazillion calories on that one!
Today, we've got some more great cards to share!
Worlds Greatest Father Card by Becky Williams
Jillibean Soup
Kraft Card Base
Patterned Paper: Macho Nacho Soup/Bite Size Bits
Coordinating Cardstock Stickers: Macho Nacho Soup
Alphabeans: Yam Yellow
Other: Lifestyle Crafts star punch, American Crafts foam adhesive.
Jillibean Soup
Kraft Card Base
Patterned Paper: Neopolitan Bean Bisque/Dried Rosemary Leaves, Neopolitan Bean Bisque/Basil Pesto
Coordinating Cardstock Stickers: Neopolitan Bean Bisque
Other: Ranger distress stain.
So Thankful Card by Maile Belles
Jillibean Soup
Patterned Paper: Grandma's Lima Bean Soup/Leek Bulb, Soup Staples II/Yellow Salt, Soup Staples II/Orange Salt, Soup Staples II/Red Salt
Kraft Tags: Medium
Unity/Jillibean Soup Stamps: Gobble, Country Pumpkin Chowder
Other: Copic Markers and Papertrey Ink, buttons, cardstock, ribbons, and twine.
Keep In Touch Card by Melanie Blackburn
Jilllibean Soup
Patterned Paper: Neopolitan Bean Bisque/Basil Pesto, Coconut Lime Soup/Straw Mushrooms
Coordinating Cardstock Stickers: Neopolitan Bean Bisque
Pea Pod Parts: Neopolitan Bean Bisque
Soup Labels: Neopolitan Bean Bisque
Kraft Coin Pocket
Wood Flag: Hello
Bean Stalks: Mustard/Olive Twine
Alphabeans: Yam Yellow
Other: Studio Calico White Mister Huey.
Have A Happy Birthday Card by Nicole Nowosad
Jillibean Soup
Patterned Paper: Macho Nacho Soup/2 Parts Boy, Macho Nacho Soup/Pinch of Cool, Sweet & Sour Soup/Raisins, Sweet & Sour Soup/Sour Salt, Sweet & Sour Soup/Crushed Tomatoes, Sweet & Sour Soup/Tomato Sauce, Homemade 6 Bean Soup/Red Beans, Watermelon Gazpacho/Orange Juice
Vellum Envelope
Sugar Picks: Heart, Green Quartz
Soup Labels: Birthday Soup
Other: white cardstock, white card base, circle punches, crop-a-dile.
Heroes Card by Stephanie Klauck
Jillibean Soup
Patterned Paper: Macho Nacho Soup/Bite Size Bits, Homemade 6 Bean Soup/Bite Size Bits, Neopolitan Bean Bisque/Bite Size Bits, Sweet & Sour Soup/Bite Size Bits
Epoxy Chipboard Buttons: Neopolitan Bean Bisque
Bean Stalks: Gray/Light Pink Baker's Twine
Other: WorldWin cardstock.
Hello Card by Summer Fullerton
Jillibean Soup
Patterned Paper: Country Pumpkin Chowder/Pumpkin Puree, Country Pumpkin Chowder/Yellow Potatoes
Wood Flags: Hello
Other: Bazzill cardstock, twine.


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Apples provide vitamins C and E, and minerals like potassium and iron. They also contain pectin, an absorbent fiber that helps cleanse the intestinal tract.
- 1 package yellow cake mix
- 1 cup applesauce
- ⅓ cup cream
- 1 cup Nutrioli®
- ⅓ cup water
- 4 eggs
- 1 pinch of ground cinnamon, cloves and ginger
For filling:
- 1½ cups diced apple
- ⅓ cup muscovado sugar (molasses sugar)
- 1 TBSP flour
- ¼ tsp ground cinnamon
- 2 TBSP butter
For icing:
- 7 oz. cream cheese
- 3 oz. butter
- 2 cups powdered sugar
- 1 tsp vanilla extract
- Beat ingredients together in a mixing bowl and pour into two round cake pans that have been greased and floured. Bake at 350 °F for 35 minutes or until a toothpick inserted in center comes out clean.
For filling:
- In a heavy saucepan, bring apples, flour, cinnamon, butter and sugar to a boil over medium heat and let simmer until sauce thickens. Let cool.
- Remove cakes from cake pans, place on cake plate, spreading filling between the layers, and then ice.
For icing:
- Beat cream cheese and butter together in mixing bowl until well-incorporated. Add powdered sugar and vanilla. Continue beating until achieving a spreadable consistency. Refrigerate for at least 1 hour before using.


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Greta Garbo estate comes to auction
Greta Garbo estate comes to auction
22 Aug 2012, 13:59 GMT+01
Julien's Auctions have announced an exceptional auction, preceded by a world tour, of a large amount of property from the estate of Hollywood legend and style icon Greta Garbo.
Considered by many as the most beautiful woman of the 20th century, Greta Garbo was a symbol of style and elegance, and captivated the public with her movie performances. She was one of the few stars to traverse successfully from silent films to talkies, and became a powerful force within Hollywood.
She has been termed 'the first modern woman', and was a role model to women around the world in her campaign for equivalent pay and women's rights issues, standing up to her studio bosses and battling for equality. Her impact and fascination endures.
Garbo represented the epitome of beautiful modern screen heroines. She is a classic fashion icon, her style vastly imitated throughout her life. Greta was the first woman to appear in the clothing and accessories of numerous designers including Emilio Pucci, Louis Vuitton, Gucci, and Hubert Givenchy. Many of these pieces will be offered by Julien's, along with speciality accessories, luggage and clothing purchased by the star.
The auction will also include a vast array of clothing designed by Valentina Schlee specifically for Greta Garbo. An additional angle of interest is present in these pieces, as Garbo had an affair with Schlee's husband when they were living next door to each other.
Other highlights will include a selection of photographs from Greta's personal collection of Hollywood studio portraits of herself by various notable photographers, as well as furniture, art and decor from her New York apartment and Swedish manor house, including her self-designed bed, as well as personal books, albums, documents, and signed items.
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It's as close as I wanted to get to the Summer Solstice. You know that I'm not a fan of the peak of the male energy spectrum, yet it must be recognised. So, I have made arrangements with the wonderful meditator John David Kirby and the delightfully deep Deborah Delglyn, Shaman Priestess of South Manchester. We are heading for Brimham Rocks in North Yorkshire. It's only when you travel there that you realise how big Yorkshire is. Even though we set off in the early morning we don't arrive until lunch time.
As we arrive a crow swoops the car. I take this as a sign of You-Know-Who being around. He's bound to be. It was his favourite time of the year. He was certainly on my mind.
We quickly find a convenient parking spot away from the maddening crowds. I recognised a need for a place of cleansing, and so I cast around the landscape to 'feel' for a convenient and suitable place. I see a circle of cotton flowers and the symbolism of the pure whiteness is too rich to ignore. In the distance, on the skyline, I see a range of white globes. When I inquire about them John responds "Menwith Hill". He seems to be aware of their purpose, but I don't know of them yet.
I take off my shoes and socks, and I walk into the circle in bare feet. The heather twigs and assorted stones make the journey a seemingly dangerous one, yet I am walking with awareness – each step taking me further into communion with the land. Nothing untoward befalls me, and I reach the centre without any incidents.
Sitting in the circle of cotton I begin a meditation. I am soon connected with the land around, but feel there is something which needs to be done. I ask and am told that I must put up protection against the distant communication monitoring globes on Menwith Hill which line the skyline many miles away, yet still too close for comfort. The shield goes up to protect the rocks area while we all work.
As I finish and find a return path I meet up with the other two, asking for their experiences. Debra describes a feeling of the cotton being a metaphor for slavery. She says that we are often modern slaves to Time. Time – the working hours – these are modern forms of keeping us all slaves to the wage and to the clock. The idea was given to me to burn the cotton to be free, and so I pick some for an appropriate time when I will need such freedom. Is this like burning your bra, I wonder?
We walk through a birch sapling doorway to get down to the main rocks. Once there we get up onto a rock pedestal each, and there I ask if I have finished the previous quest to be more intuitive. The answer comes from a complaining child below, "No! No! No!" Oh. Then I will have to continue to work on this aspect. This year is a difficult year to complete anything magickal, I have noticed.
We follow whichever path seems right, making our way up the slight hill and towards the distant rocky outcrops whose heads are visible above the lime green treeline. Occasionally we are inclined to stop and notice certain spots – a rocky overhang, a dry patch of earth amid the heather, a place where animal bones are left on show. Each spot has an energy that we all feel and can each tap into in our own ways when we feel the need. Today I am with experienced energy workers, and it shows. There is a silent mutual respect for our similarities and differences.
We all stop at a point where two small birch trees (I typed "birth trees" then. Hmmm.). Debra insists that we walk through in full awareness and respect of the entrance way, the portal. We do so, and the scene rapidly changes from moorland heather to valley shrub and tree. Now the rocks appear all around us too – we have entered their domain!
We each choose a rocky outcrop with a shape and placement that suits us. A crow lands and hops around very close to me. Then it flies up onto my rock pedestal, just above my head as though watching me work. I get back into meditation…
I ask whether it was appropriate for me to take on a new quest anyway while I work on the old quest, and I am told that my new quest will be to "Find the bosom of the winds". The image comes to mind of a long time ago when I was rocked to a meditative state as a young boy in the treetops of a wood close to where I used to live in Northern Ireland. This was a hint that I should once again find a suitable treetop in which to feel the winds blow, and cradle me in their bosom. It's time to get back in touch with the winds.
After our meditation, and a quick stop at the nearby wooden hut for lunchtime refreshments, we climb on the rocks like kids and dine on a rock which acts as a picnic bench. Crows gather to feed from our droppings as we eat. The feel of the place is astonishingly lovely. All day long we are followed by a single crow.
Apple Tree Wick
After Brimham we head for Appletreewick circle. It's near to Hebden, but it's hard to find. We get there after a trek over gates and through steep fields to find the small circle perched on a ridge overlooking a steep valley. All around seems wet, but we stay dry.
The circle appears to be three concentric circles. This is the second such circle I have been drawn to over the last few months, after the one on Dartmoor. Only the centre circle is relatively intact, however.
I discover that it wants me to re-energise the circle by making connections with all the surrounding peaks, and then drawing in their energies from afar. After that I turn to face the southern black ridge of hills and this is where the energy of the circle wants to be sent to. I feel like I am re-enacting a ritual that has been conducted a long time ago, and repeated many times over the centuries. I am just the latest to perform these movements, and set these intentions. It is my duty to do so, my service.
After our long outing it is a tiring drive back, and thanks to some kindness from John in delivering Debra back to Manchester for me, I just about make it for the evening meditation with my outdoor Spirit In Nature group. We have a lovely meditation and given the time of year it ends with a party. The longest day indeed, but one which felt like a celebration in lots of ways.


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It's the question on everyone's minds. Where are explorers in the know heading for their holiday trips?
Data from Virtuoso's warehouse of more than $35 billion in transactions has revealed the top upscale destinations for this fall and holiday period.
Luxury travelers are staying true to European favorites. But they're also heading for warmer climes as the weather shifts at home. They're also seeking out more exotic locales worldwide, including Africa.
Read on to discover which countries made the Top 10 favorites as well as the Hot 10 fast-growing destinations. And you'll see which two countries are so desirable right now that they made both lists.
The Virtuoso Top 10: Fall and Holiday Trips
The most popular international destinations based on bookings by Virtuoso clients for September through December.
Europe's unrivaled popularity for summer travel continues into the fall. Travelers there enjoy lower average daily rates at Virtuoso hotels than this summer. Paris is down two percent (to $1,087), Rome is six percent lower ($949), London down seven percent ($704) and Barcelona comes in 15 percent lower ($596).
In particular, London and Barcelona represent great value this fall and holiday season. They're respectively 21 and 43 percent below the average ADR for Virtuoso partner properties in Europe, which is $853.
Mexico's appeal as a warm-weather getaway holds despite Zika cautions. Australia and New Zealand are always favored destinations once the Northern Hemisphere cools. In spite of continued Middle East unrest, Israel remains popular. It's sought out for its religious significance, and also for its history, food, culture and adventure experiences.
The Virtuoso Hot 10: Fall and Holiday Trips
The international destinations that have seen the largest percentage of growth in year-over-year bookings from September to December.
- Kenya (up 59%)
- Iceland (up 56%)
- Saint Martin (up 39%)
- China (up 35%)
- Ecuador (up 34%)
- Japan (up 32%)
- South Africa (up 28%)
- Tanzania (up 27%)
- Croatia (up 25%)
- Jamaica (up 23%)
Africa continues to surge, continuing its summer travel boom. With sales up 28 percent year over year, Africa is the only continent to grow this quarter. Why?
A safari trip is on virtually everyone's bucket list. Safari sales are up 17 percent, and Kenya, Tanzania and South Africa are all ideal for adventurous travelers. According to Virtuoso travel advisors, safaris are particularly appealing for multigenerational family trips with plenty to enjoy for all ages.
Iceland has been a growing favorite recently for its scenery and adventure opportunities. Its prominent place on the Hot 10 shows its popularity is extending into the fall and holiday season.
China has been trending upwards with luxury travelers over the past few years. While travel there is steady year round, the last quarter of the year is most popular with visitors. Its average daily rates for Virtuoso hotels are five percent below average, helping fuel travel there. Select Caribbean and South American destinations continue to grow. Saint Martin, Ecuador and Jamaica are experiencing double-digit increases over last year.
Which of these holiday trips should you take this year?
Which of these top destinations is on your list of potential fall and holiday trips?
Partnering with a travel advisor means you're in store for an exceptional trip. Advisors have firsthand knowledge of these destinations. They can secure you valuable perks at no extra charge. They can arrange for VIP treatment and experiences wherever you go. And they'll provide peace of mind in case issues arise.
Need a travel advisor? Take this quick, fun quiz and receive names of advisors targeted just for you.


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With the explosion in numbers of mobile devices it's no longer possible for a business to ignore the mobile web and be successful. Your potential customers are using their phones to access the internet more and more frequently, and unless a company is delivering custom mobile websites they are losing business.
Standard websites don't load or format properly on the majority of smartphones and tablets. Standard web development tools that your previous web designers used, like Flash and JavaScript, often don't function properly on mobile platforms. Stop frustrating your customers with a broken website and let the engineers at Blacksmith design a mobile website for you immediately.
Transitioning your site to the mobile web is about a lot more than making it smaller and more compact. The variation in operating systems, browsers, and models of devices makes designing for the mobile web an extraordinary challenge. Designing and debugging for this wide range of devices and their unique capabilities is enough to make any ordinary developer's head spin. Don't hire an ordinary developer to handle your extraordinary project, get the seasoned professionals at Blacksmith on your team and meet your challenges head-on.
The convenience and flexibility that a mobile presence offers your business is apparent to all of the largest online retailers, social media sites, banks, and corporations. Small business may think that having a mobile website is out of reach, but that's no longer true. With Blacksmith , you can join the ranks of these successful businesses and offer your customers and visitors the access-anywhere accessibility that they want and need.
Talk to a consultant about your needs and let Blacksmith design a mobile web presence that will blow you – andyour competition — away. Contact Blacksmith today by sending an email to [email protected] or visiting their website and put your mobile web presence in professional hands.


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Brent Oakley operated a chain of successful premium car washes but struggled to find a means of marketing to his customers while they were in-store. He built an innovative music and messaging platform that provides real-time, highly-targeted messaging to each store and launched it as a Saas platform, Vibenomics.
Vibenomics provides businesses access to a fully-licensed library of music and an easy to use app that allows them to submit and receive customized, professionally recorded announcements the same day they request them.
With Vibenomics, companies can push products faster and increase the revenue potential for every customer, educate customers on new products and offers as they become available, and drive customers online for coupons and promotions.
And rather than being an expense, the in-house platform can actually be a revenue driver. Vibenomics has an add-on that can be used for their customers to launch their own advertising options for third-parties to advertise through their networks.Support Martech Zone Interviews
DK New MediaCode: dknewmedia
- Vibenomics — Vibenomics combines music and messaging to deliver custom audio experiences.


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The reshuffling that happens at this time of the season in the minors had an effect throughout the system as several teams struggled. Rehabbing players Josh Conway and Danny Lockhart had excellent performances for Boise. Kane County lost three straight despite good pitching from Duane Underwood, Daury Torrez, and Jen-Ho Tseng. Daytona had a six-game winning streak that included a walk-off homer from Kyle Schwarber and Jacob Hannemann's first Florida State League home run. Tennessee scuffled a … [Read more...]
Cubs Down on the Farm Report – 07/28/14
Heroes came in all shapes and sizes to end the week as Iowa witnessed the thundering bat of Javier Baez, while Tennessee's Addison Russell put on his own power show. Russell's teammate Taylor Davis had a five RBI night, and Daytona remained on a roll thanks to the muscle of Dan Vogelbach. In Kane County, Shawon Dunston Jr. appears to be thriving in the leadoff role, while new faces Charcer Burks and Bryant Flete are hot for Boise. So if you like your baseball with a little pop, see what's … [Read more...]
Cubs Down on the Farm Report – 07/24/14
It was "Promotion Day" Wednesday as several prospects received word that they would be moving up a level. There was some activity leading up to the day, as RHP Juan Carlos Paniagua was promoted to Daytona, while RHP Ben Wells went to Kane County and RHP Dillon Maples reported to Boise. That set in motion "outfielder roulette" as Jorge Soler moved up to Iowa, Albert Almora to Tennessee, Jacob Hannemann to Daytona, and Jeffrey Baez to Kane County. Meanwhile, RHP Kyle Hendricks and LHP Tsuyoshi … [Read more...]
Cubs Down on the Farm Report – 07/21/14
Bombs Away! The Cubs' minor league system went on a spat of home run hitting as 16 players hit a total of 20 homers over 20 minor league games. Iowa received "big flies" form Javier Baez, Kris Bryant, Chris Valaika, Logan Watkins, and Eli Whiteside. Addison Russell, Jorge Soler, and Christian Villanueva went deep for Tennessee, while Willson Contreras, Kyle Schwarber, Rock Shoulders, and Dan Vogelbach left the park for Daytona. Kane County got homers from Cael Brockmeyer, Jeimer Candelario, and … [Read more...]
Cubs Notes from Down on the Farm – 07/19/14
The minor leaguers keep hitting longballs, 13 in two days and there was a late entry in the Cubs' Home Run Mania. In the bottom of the 17th inning last night, Rock Shoulders delivered a walk-off Grand Slam home run. The game also included homers from Kyle Schwarber and Willson Contreras and excellent relief appearances from Stephen Perakslis (four scoreless innings, two strikeouts) and Yao-Lin Wang (two scoreless innings, four strikeouts). Lost in all of the publicity the home runs were … [Read more...]
Bryant, Baez and Schwarber Hit Longballs as Home Run Mania Continued in Cubs System
A day after the top prospects in the Cubs system hit a combined six longballs, the minor leaguers figured out a way to one-up themselves. The young Cubs hit seven home runs Friday night with Rock Shoulders delivering the last one of the night in walk-off fashion, a Grand Slam in the 17th inning that sent the Daytona Cubs home with a win. Kris Bryant and Javier Baez hit home runs Friday night and went yard in the same game in back-to-back days. Friday was the fourth time this season Bryant and … [Read more...]
Cubs Down on the Farm Report – 07/14/14
Top of the heap is the best way to describe the Cubs' farm system, with three teams in first place and three more in second place. Iowa slid to a half game back without stars Javier Baez and Kris Bryant, who were at the Futures Game. Tennessee used the muscle of Jorge Soler to retain their claim on first, while Daytona received homers from Billy McKinney and Chadd Krist to remain tied for first. Kane County continued to steamroll their way through the Midwest league thanks to Jeimer Candelario. … [Read more...]
Cubs Down on the Farm Report – 07/10/14
Success is beginning to show itself from top to bottom in the system as Boise moved to within one game of first place and are poised to join Iowa, Tennessee, Daytona, Kane County, and the AZL Cubs as the other first place teams in the system. Outfielder Rashad Crawford is leading the way for the Hawks, while RHP Paul Blackburn continued his dominance for Kane County. Daytona continues to be led by Albert Almora, with Rock Shoulders beginning to heat up. Tennessee took a step back from all of … [Read more...]
Cubs Down on the Farm Report – 07/07/14
As the saying goes "You can't tell the players without a scorecard." There was plenty of movement in minor leagues to end the week, as there was the usual roster shuffling along with a big trade. Tennessee said hello to new prospect INF Addison Russell and welcomed back to OF Jorge Soler. Outfielder Billy McKinney met some new teammates in Daytona, while Chris Rusin and possibly more are leaving Iowa for the big leagues. Kris Bryant and Javier Baez continued hitting longballs and went yard in … [Read more...]
Cubs Down on the Farm Report – 06/26/14
Winning seems to be the key word across the minor leagues to start the week as Iowa received excellent pitching performances from Dallas Beeler and Tsuyoshi Wada, while Kris Bryant provided the muscle. Tennessee evened their season record thanks to the hot hitting of Stephen Bruno, Rubi Silva, and Christian Villanueva. Daytona moved into first place with the bats of Albert Almora and Dan Vogelbach coming to life. Meanwhile, Kane County keeps chugging along thanks to Jacob Hannemann and Kyle … [Read more...]