CDCR
California's lethal injection chamber at San Quentin State Prison.
The California Department of Corrections and Rehabilitation is arguing that it doesn't have to give up its stock of the lethal injection drug sodium thiopental to the federal government. In a letter dated May 1, 2012, CDCR General Counsel Benjamin Rice told Domenic Veneziano, director of the FDA's Division of Import Operations and Policy, that "CDCR must decline to return the thiopental in its possession at this time."
The letter was in response to the FDA's order in April that states that imported the execution drug from abroad stop using them and return them to the FDA.
The drug, sodium thiopental, is an anesthetic used by many states as an execution drug. In California, the drug is the first of three used — the condemned inmate is first put to sleep using thiopental, then given a paralyzing drug, followed by a third drug that stops his or her heart.
In 2010, the US experienced a massive shortfall in sodium thiopental supplies because the sole US manufacturer lacked a necessary ingredient. That firm, Hospira, was also the only source of the drug approved by the FDA. The company has since completely abandoned making the drug, as it had always objected to its use in executions.
Amidst this scarcity, California and several other states purchased sodium thiopental from a company in the United Kingdom. Some have used the drug in executions. At the time, the FDA, did not interfere with the states importing the drug.
In April of this year, following a lawsuit by death row inmates, the FDA issued a letter ordering the states that bought foreign drugs to return their supplies to the agency. The inmates had argued the drugs had not been reviewed for their effectiveness. If the drug didn't work properly, they argued, they could experience severe pain during an execution, a violation of the Eight Amendment's ban on cruel and unusual punishment.
The CDCR, in its May 1 letter, the CDCR urged the FDA to appeal the ruling in the death row inmates' suit, Cook v. FDA. The FDA apparently agrees. On Friday, the agency filed papers in federal court to appeal the ruling's ban on importing foreign sodium thiopental.
Source: www.scpr.org
California's Coronado named nation's best beach - The Guardian
JULIE WATSON
Associated Press= CORONADO, Calif. (AP) — Like a Hollywood star, Coronado's 1.5 mile-long beach literally sparkles, thanks to the mineral mica glinting in its sand.
That's one of the reasons why Coronado — flanked by the iconic hotel featured in Marilyn Monroe's 1958 film "Some Like It Hot" — has been named the No. 1 beach in the United States in the 2012 survey by "Dr. Beach" professor Stephen P. Leatherman of Florida International University.
It is the first time "Dr. Beach" has given the top slot to California in the more than two decades that he has been ranking beaches in the United States based on their environmental quality and safety for swimmers.
Coronado Beach, on a peninsula across the bay from San Diego, has near-perfect Mediterranean weather and a postcard backdrop.
"I think it's one of the most super beaches around," said Leatherman, director of FIU's Laboratory for Coastal Research.
Rounding out the top 10 this year were No. 2, Kahanamoku Beach in Waikiki, Honolulu, Hawaii; No. 3, Main Beach, East Hampton, N.Y.; No. 4, St. George Island State Park, Florida Panhandle; No. 5, Hamoa Beach, Maui, Hawaii; No. 6, Coast Guard Beach, Cape Cod, Mass.; No. 7, Waimanalo Bay Beach Park, Oahu, Hawaii; No. 8, Cape Florida State Park near Miami.; No. 9, Beachwalker Park, Kiawah Island, S.C.; and No. 10, Cape Hatteras in North Carolina.
Leatherman ranks beaches on 50 criteria, including the look and feel of the sand, water quality, weather, facilities and crowds. A top score is 250. Coronado came in the 230s, losing points because its water temperature hovering in the 60s allows for only a quick dip for most, Leatherman said. California's chilly coastal waters have cost its pristine beaches points when they've been up against balmy contenders in Florida and Hawaii in the past. Coronado Beach was runner-up last year to Florida's Siesta Beach. Once a beach tops Leatherman's list, it is retired from consideration for future rankings.
A No. 1 spot on the popular list typically brings a 15-to-20-percent boost in visitors.
Leatherman said Coronado is great for skim boarding (gliding on the water with a small, finless surfboard) and walking. The wide, flat beach is lined by majestic mansions and the Hotel del Coronado. Known as "Hotel Del," the National Historic Landmark with its peaked red roof was built in 1888 and is the last of California's Victorian seaside resorts.
Coronado is also the name of the swanky-yet-quaint city on a peninsula populated by Navy officers and some of California's wealthiest. It can be reached by ferry boat for a few dollars from downtown San Diego.
There is free parking at the beach but it is on a public street so it can be challenging, Leatherman said.
On a recent spring afternoon, tourists from China to Russia sprawled out on its beach in front of "Hotel Del," lounging on blankets in the sun. A Navy ship dotted the horizon. One man aimed his camera upward, thrilled as the quiet lapping of waves was interrupted with the roar of a Navy jet from a nearby base doing a training exercise.
Lifelong San Diego County resident 55-year-old Nellie Landeros said it is her favorite beach.
"It's gorgeous," she said. "Just the setting alone feels like we're in another world."
Billy Pavlacka, 51, has been visiting Coronado Beach weekly for 30 years. Known as "The Sand Castle Man," Pavlacka was building a towering castle with rows of arches and spheres. He said he spotted an aircraft carrier and submarine earlier that day. Flecks of the glittery mica mineral make the sand shimmer in the sunlight.
"If you look at the sand you can see it sparkling," said a tanned Pavlacka, with gray locks peeking out from under his baseball cap. "People ask me all the time if it's gold."
The top 10 list is in its 22nd year.
Beaches do not pay to be evaluated for the top 10 best beaches list. Leatherman said he visits top 10 candidates incognito to collect sand and water samples for study.
Source: www.guardian.co.uk
X-Men comics get same-sex wedding - Sydney Morning Herald
The Diary
Artwork from the cover of Marvel Comics "Astonishing X-Men #51" in which Jean-Paul Beaubier, will marry longtime boyfriend Kyle Jinadu.
Same sex marriage takes to the pages of the Astonishing X-Men as Marvel features proposal, and ceremony, in consecutive comics.
Same-sex marriage is still a controversial subject in the real world but for comic characters it became almost passe this week, when one of Marvel comics's X-Men, the Canadian mutant Northstar (AKA Jean-Paul Beaubier), proposed to his boyfriend Kyle Jinadu.
It's the second same-sex marriage in the comic world; in 2002, Apollo and The Midnighter tied the knot in the DC Comics series The Authority.
But this is the first time a significant comic line has shown two men getting hitched, with the ceremony featured on the cover, pictured.
Artwork from Marvel Comics "Astonishing X-Men #50." Jean-Paul Beaubier, aka Northstar, proposes to his longtime boyfriend Kyle Jinadu in the issue.
Jean-Paul Beaubier, aka Northstar, described as a "Canadian with piercing blue eyes and silver-streaked black hair who can move and fly at superhuman speeds," proposed to his longtime boyfriend Kyle Jinadu in the issue, 'Astonishing X-Men #50. The pair will marry in the next issue, Astonishing X-Men #51, on sale June 20, and some comic book retailers will be hosting wedding parties on that day, Marvel said.
''The Marvel Universe has always reflected the world outside your window, so we strive to make sure our characters, relationships and stories are grounded in that reality,'' said Marvel Comics editor-in-chief Axel Alonso, who has somehow managed to forget that while two guys falling in love might indeed be something the average reader could see outside their window, the possibility that one of them could fly is not.
But don't expect love to run smoothly.
The comic warned: ''Will their path to wedded matrimony in New York City be smooth, or are there hidden dangers around the corner?''
We predict a villain will emerge. The Reverend Fred Spider-Man perhaps.
Source: www.smh.com.au
California racing board suspends I'll Have Another's trainer Doug O'Neill - Calgary Herald
Doug O'Neill, the trainer of Canadian-owned Triple Crown hopeful I'll Have Another, was suspended 45 days after one of his horses had an excessive level of carbon dioxide, but the punishment won't start before he saddles his Kentucky Derby and Preakness winner in the Belmont Stakes on June 9.
The suspension comes in the final weeks of I'll Have Another's attempt to become horse racing's 12th Triple Crown winner and first since Affirmed 34 years ago. The colt trained by O'Neill won the Derby on May 5 and then took the Preakness last Saturday.
The California Horse Racing Board met in closed session Thursday at Betfair Hollywood Park in Inglewood, Calif., to consider the recommended decision of a hearing officer in O'Neill's case. The board agreed with the officer's recommendations, which included the maximum punishment and fine — $15,000 — for the trainer.
While elevated carbon dioxide is associated with "milkshaking," the officer agreed with O'Neill that his horse Argenta had not been fed a mixture of bicarbonate of soda, sugar and electrolytes that enhances performance and combats fatigue. The officer did not indicate what may have caused the overage.
"I'm gratified that the CHRB found that I did not "milkshake" a horse or engage in any intentional conduct that would result in an elevated TC02 level," O'Neill said in a statement issued after the ruling. "I plan on examining and reviewing all of my options following the Belmont Stakes, but right now I plan on staying focused on preparing for and winning the Triple Crown."
The suspension comes at a time when racing is under heavy scrutiny for the way horses are prepared for their races, and which medications are administered to them.
O'Neill had vigorously proclaimed his innocence in the 2010 case from the beginning, and said he spent US$250,000 defending himself.
"I know I didn't milkshake a horse. None of us around the barn milkshaked any horses," O'Neill said Wednesday. "You got to have rules and I respect rules, but when you get faulty science involved, it costs a lot of money unfortunately, but you've got to fight it and that's what we're doing."
O'Neill was cited by the racing board after Argenta tested for a high level of TCO2 — a Class 3 violation — in its blood after finishing eighth in a race at Del Mar on Aug. 25, 2010.
The officer found there were no suspicious betting patterns in the race and that there was no evidence of any intentional acts on the part of O'Neill in connection with the incident.
However, before the hearing, the parties had stipulated that the Maddy Laboratory at UC Davis detected an excess level of TCO2 in the horse's blood sample, and CHRB Rule 1887 holds a trainer to be ultimately responsible for the condition of a horse.
Based on that rule and mitigating factors, the hearing officer recommended that O'Neill should be suspended for 45 days, with an additional 135 days stayed for 18 months, provided he commits no further Class 1, 2 or 3 violations in any state. The racing board agreed with the recommendations.
CHRB executive director Kirk Breed will decide when O'Neill's suspension will begin, but it will be no sooner than July 1.
The Jockey Club has said that elevated total carbon dioxide levels, regardless of cause, are violations of the rules and penalties for excessive TCO2 are severe. It urges trainers and their veterinarians to work closely to identify any procedure or practices that may elevate such levels in horses.
I'll Have Another is owned by Windsor, Ont., native J. Paul Reddam.
Source: www.canada.com
California Suspends Derby-Winning Trainer Over 2010 Race - WIBW
(CNN) -- California horse-racing authorities handed the trainer of Triple Crown hopeful I'll Have Another a 45-day suspension Thursday stemming from a 2010 race with another horse, but cleared him of giving that horse an energy-boosting cocktail.
The suspension won't take effect until at least July 1, meaning trainer Doug O'Neill will be able to participate in the June 9 Belmont Stakes -- when Kentucky Derby and Preakness winner I'll Have Another is carrying high hopes for the sport's first Triple Crown since 1978. And the California Horse Racing Board's decision explicitly cleared O'Neill of "milkshaking" the throughbred Argenta during a race at southern California's Del Mar track in September 2010.
The board did find O'Neill, as Argenta's trainer, was responsible for high total carbon dioxide levels found in its blood -- a sign a horse might have been given a "milkshake" of baking soda, electrolytes and sugar believed to help it combat fatigue. It fined him $15,000, and said another 135 days of suspension could be applied if O'Neill is found to have violated other rules in any jurisdiction.
But a state hearing officer found no sign of any "intentional acts" on the part of the trainer or any sign that betting on the race had been skewed toward Argenta, which finished well out of the money in eighth place.
O'Neill can challenge the finding in court, but his brother, Dennis O'Neill, said no decision has been made on how to proceed.
"We're just ecstatic that the judge ruled we didn't do anything to make the TCO2 (total carbon dioxide) level go up," Dennis O'Neill told CNN. But he said there was "absolutely" no doubt his brother would be able to take part in the Belmont, in New York.
"We're very happy that the press release is very clear that Doug never milkshaked the horse, and there was no suspicious betting pattern," he added.
Lee Park, a spokesman for the New York State Racing and Wagering Board, said that agency would review California's decision. But since the suspension won't take effect until July, "it should have no bearing on the June 9 Belmont Stakes," he said.
The 2010 allegation isn't the first scrape O'Neill has had with California regulators. In 2007, he was fined $3,000 after another horse showed high carbon dioxide levels. And in 2010, the Illinois Racing Board suspended him for 15 days when another horse showed high blood CO2 levels; California's racing board issued him a matching suspension.
But there have been no allegations that O'Neill had given a milkshake to I'll Have Another. And his brother told CNN earlier this week that "We've never milkshaked a horse."
"We wouldn't know how to do it," Dennis O"Neill said. "It's never been done by us or anybody in the barn."
Source: www.wibw.com
California Senate OKs buffer for cars passing cyclists - Los Angeles Times
California motorists would have to provide three feet of space between their vehicles and bicycles they pass on the road under legislation approved Friday by the state Senate.
Sen. Alan Lowenthal (D-Long Beach) said his measure is needed because the current law, requiring only that motorists pass at a "safe distance," has not adequately protected bicyclists. "This definition is vague and leaves everyone vulnerable," Lowenthal told his colleagues. "It’s time that California protect both its bicyclists and its motorists."
Collisions in which cars pass from behind are responsible for about 40% of bicycle deaths involving motor vehicles, he said. Twenty other states have a rule of at least three feet.
Gov. Jerry Brown vetoed a similar bill last year because of concern that it also required motorists to slow to 15 mph, which law enforcement felt could cause safety and traffic problems. The new bill tries to address the governor’s concern by requiring motorists to slow to a reasonable speed.
SB 1464 would allow motorists to cross a solid yellow line between traffic if it is safe to do so and necessary to give bicyclists a three-foot buffer. Drivers who pass too close would face an infraction with a $35 fine. The cost would be $233 after all court fees and surcharges are added in.
The fine would be $220 ($959 with court fees) if a collision results in bodily injury to the cyclist. The measure passed 27-6, with some Republicans in opposition, and next goes to the Assembly for consideration.
ALSO:
Jerry Brown unveils revised budget
U.S. Attorney blasts wildfire proposal
California continues courtroom push to cut costs
--Patrick McGreevy in Sacramento
Photo: A bicyclist rides alongside cars in downtown L.A. last year the day after a 63-year-old bicyclist was struck and killed by a car on a downtown street. Credit: Genaro Molina / Los Angeles Times
Source: latimesblogs.latimes.com
California Water Service Group's President & CEO Peter C. Nelson to Succeed Retiring Chair Robert W. Foy - Yahoo Finance
SAN JOSE, CA--(Marketwire -05/22/12)- California Water Service Group (CWT) today announced its Board of Directors' plan to combine the roles of Chairman and President & Chief Executive Officer and have President & Chief Executive Officer Peter C. Nelson succeed retiring Chairman Robert W. Foy, effective May 22, 2012. Douglas M. Brown will continue to serve as lead director.
Foy, a 35-year Board veteran who has reached retirement age for directors, expressed confidence in the decision: "Pete has demonstrated his leadership ability and we are confident that he will do a fine job as President, Chief Executive Officer, and Chairman of the Board. It makes good business sense to streamline decision-making and capitalize on Pete's extensive experience and expertise."
Nelson was elected President & Chief Executive Officer of California Water Service Group in 1996. Prior to joining the company, he had increasingly responsible positions in engineering, construction management, marketing, corporate and diversification planning, finance, operations, and general management at Pacific Gas & Electric Company.
Nelson holds a Bachelor of Science Degree in Mechanical Engineering from the University of California, Davis, and a Masters of Business Administration from the University of Massachusetts, Amherst. He serves as director of the California Chamber of Commerce and chairs the organization's Water Resources Committee. He is also a director of the California Foundation on the Environment and the Economy, a senior fellow of the American Leadership Forum, and an advisory council member at the Center for Public Utilities, New Mexico State University. Past affiliations include president of the National Association of Water Companies, director of the Bay Area Water Supply and Conservation Agency, and founding director of the Joint Venture: Silicon Valley Leadership Group.
Douglas M. Brown, who joined the California Water Service Group Board of Directors in 2001 and is currently the Dean of the Anderson School of Management at the University of New Mexico, will continue to serve as lead director.
California Water Service Group is the parent company of California Water Service Company, Washington Water Service Company, New Mexico Water Service Company, Hawaii Water Service Company, Inc., CWS Utility Services, and HWS Utility Services, LLC. Together these companies provide regulated and non-regulated water service to approximately 2 million people in more than 100 California, Washington, New Mexico and Hawaii communities. Group's common stock trades on the New York Stock Exchange under the symbol "CWT."
This news release contains forward-looking statements within the meaning established by the Private Securities Litigation Reform Act of 1995 ("Act"). The forward-looking statements are intended to qualify under provisions of the federal securities laws for "safe harbor" treatment established by the Act. Forward-looking statements are based on currently available information, expectations, estimates, assumptions and projections, and management's judgment about the Company, the water utility industry and general economic conditions. Such words as expects, intends, plans, believes, estimates, assumes, anticipates, projects, predicts, forecasts or variations of such words or similar expressions are intended to identify forward-looking statements. The forward-looking statements are not guarantees of future performance. They are subject to uncertainty and changes in circumstances. Actual results may vary materially from what is contained in a forward-looking statement. Factors that may cause a result different than expected or anticipated include but are not limited to: governmental and regulatory commissions' decisions, including decisions on proper disposition of property; changes in regulatory commissions' policies and procedures; the timeliness of regulatory commissions' actions concerning rate relief; new legislation; changes in accounting valuations and estimates; the ability to satisfy requirements related to the Sarbanes-Oxley Act and other regulations on internal controls; electric power interruptions; increases in suppliers' prices and the availability of supplies including water and power; fluctuations in interest rates; changes in environmental compliance and water quality requirements; acquisitions and our ability to successfully integrate acquired companies; the ability to successfully implement business plans; changes in customer water use patterns; the impact of weather on water sales and operating results; access to sufficient capital on satisfactory terms; civil disturbances or terrorist threats or acts, or apprehension about the possible future occurrences of acts of this type; the involvement of the United States in war or other hostilities; restrictive covenants in or changes to the credit ratings on our current or future debt that could increase our financing costs or affect our ability to borrow, make payments on debt or pay dividends; and, other risks and unforeseen events. When considering forward-looking statements, you should keep in mind the cautionary statements included in this paragraph. The Company assumes no obligation to provide public updates of forward-looking statements.
1720 North First Street
San Jose, CA 95112-4598
Shannon Dean
(310) 257-1435
Source: finance.yahoo.com
Artwork evoking the summer season on display at the Bettye Clark Cannon Gallery - MLive.com
"Summer in the Gallery," which runs until June 30, features pieces that evoke the season and that were created by five local artists: Linda Busse, Sheila Passenier, Richard Thompson, Ann Trowbridge and Elizabeth Reynders.
The pieces on display include watercolor and oil paintings, photographs and pastels, according to Polly Doctor, who organized the exhibit. She said the artwork featured a "mixture" of subjects.
"There are some portraits," she said. "It's a lot of landscapes and there are, of course, some still life with the photography."
Doctor added that the five artists are displaying their work in the gallery for the first time, although they have shown work in other galleries in the area.
All the artists' work will be on sale.
The Bettye Clark Cannon Gallery is located on the second floor of the Hilt Building, inside the Frauenthal Center for the Performing Arts, 425 W. Western Ave.
Visitors can view the exhibit Monday through Friday from 11 a.m. to 5:30 p.m. with extended hours on show nights. Admission to the exhibit is free.
The gallery will also host a free "Meet the Artists" reception on June 7 from 5 p.m. to 7 p.m. Doctor said the reception was a chance for the public to engage the artists.
"It's just an opportunity for our guests to meet the artist and ask questions about their work," she said.
Light refreshments will be served at the reception. There will also be a cash bar.
For more information, visit www.frauenthal.org or call (231) 722-2890.
You can email Lisha Arino at larino@mlive.com, subscribe to her Facebook posts and follow her on Twitter: @lishaarino.
Source: www.mlive.com
California's Solar Users Get Financial Credit For Cutting Back on Energy - consumer affairs.com
The California Public Utilities Commission (CPUC) voted unanimously to increase the number of people who are able to take advantage of the state's "net energy metering" program. The program allows solar panel users to receive money off future utility bills, for cutting back on California's energy demands. Net energy metering first began in the 1990s.
But some disagree with the net metering program, namely the state's three largest utility companies. They complain that while solar panel users will pay less on their electricity bill, other consumers who don't use solar paneling will have to pay more, to maintain transmission lines and provide the upkeep of the city's electricity system.
"We're proud to be a strong supporter of solar," said Lynsey Paulo, spokeswoman for Pacific Gas and Electric Company. "At the same time, we really strongly believe that everyone needs to be concerned about this cost shift from solar customers to customers who can't afford it or choose not to go solar."
Utility companies also fear receiving less money each month, which they say could make it more of a challenge to hire and keep good utility workers.
Who would pay?
"If everyone was on net metering, who would pay for the grid that we have?" said Mike Florio, a representative of CPUC. "On the other hand, it would be problematic for [net metering] to come to an end and provide a major setback to the solar industry that has flourished in this state."
But many state officials champion the program, and consider it the perfect incentive for homeowners and businesses to continue using solar paneling, especially when costs run high to install the rooftop mechanism.
State commissioners recently changed the calculation of the metering program in order to include more people who are able to take advantage of the financial credit. The law now states it must offer the program to all solar energy users, until the amount of electricity the solar paneling creates, equals 5 percent of the "aggregrate customer peak demand."
"Today's decision ensures that the solar industry will continue to thrive for years to come, and we are fully committed to developing a long-term solution that secures the future of the industry in California," said Michael Peevey, president of the utilities commission.
While the net energy metering program is a certain win for solar users, it's a financial loss for those who can't afford the paneling. But does cutting back on California's energy demands supersede the importance of making sure some of its residents can afford rising bill costs? It's an extremely thin line for state officials to walk.
Source: www.consumeraffairs.com
No comments:
Post a Comment