The EPA\u27s Discretion to Regulate Acid Rain: A Discussion of the Requirements for Triggering Section 115 of the Clean Air Act

Acid rain does not respect political boundaries; the problem of acid rain has had a devastating effect on human health and the environment of the northeastern United States as well as the area across the Canadian border. Recognizing the implications of trans-boundary air pollution problems such as acid rain, Congress amended section 115 of the Clean Air Act to permit the Administrator of the Environmental Protection Agency to order the reduction of air pollution menaces emanating from the United States which affect foreign nations. New York v. Thomas is the first major case to interpret section 115 and it will have a major impact on the ability to combat international acid rain problems through the Clean Air Act. This note discusses issues which often arise in environmental litigation such as the difficulties in identifying sources and assessing responsibility, the problem of interpreting statutory language to decide how much discretion agency officials have to not pursue identified environmental hazards, and most importantly, under what circumstances notice and comment is required and when in the rulemaking process it must be given. This note shows that the court of appeals\u27 ruling on the notice and comment issue in this case has incorrectly permitted practically unlimited discretion to EPA administrators under section 115 of the Clean Air Act. The unfortunate impact of this ruling is that it allows EPA Administrators, when faced with identified international environmental hazards such as the acid rain problem affecting Canada and the northeastern United States, to ignore the situation indefinitely

The EPA\u27s Discretion to Regulate Acid Rain: A Discussion of the Requirements for Triggering Section 115 of the Clean Air Act

Acid rain does not respect political boundaries; the problem of acid rain has had a devastating effect on human health and the environment of the northeastern United States as well as the area across the Canadian border. Recognizing the implications of trans-boundary air pollution problems such as acid rain, Congress amended section 115 of the Clean Air Act to permit the Administrator of the Environmental Protection Agency to order the reduction of air pollution menaces emanating from the United States which affect foreign nations. New York v. Thomas is the first major case to interpret section 115 and it will have a major impact on the ability to combat international acid rain problems through the Clean Air Act. This note discusses issues which often arise in environmental litigation such as the difficulties in identifying sources and assessing responsibility, the problem of interpreting statutory language to decide how much discretion agency officials have to not pursue identified environmental hazards, and most importantly, under what circumstances notice and comment is required and when in the rulemaking process it must be given. This note shows that the court of appeals\u27 ruling on the notice and comment issue in this case has incorrectly permitted practically unlimited discretion to EPA administrators under section 115 of the Clean Air Act. The unfortunate impact of this ruling is that it allows EPA Administrators, when faced with identified international environmental hazards such as the acid rain problem affecting Canada and the northeastern United States, to ignore the situation indefinitely

Migration and welfare state spending

Is international migration a threat to the redistributive programmes of destination countries? Existing work is divided. This paper examines the manner and extent to which increases in immigration are related to welfare state retrenchment, drawing on data from 1970 to 2007. The paper makes three contributions: (1) it explores the impact of changes in immigration on social welfare policy over both the short and medium term; (2) it examines the possibility that immigration matters for spending not just directly, but indirectly, through changes in demographics and/or the labour force; and (3) by disaggregating data on social expenditure into subdomains (including unemployment, pensions, and the like), it tests the impact of immigration on different elements of the welfare state. Results suggest that increased immigration is indeed associated with smaller increases in spending. The major pathway is through impact on female labour force participation. The policy domains most affected are ones subject to moral hazard, or at least to rhetoric about moral hazard

Resting Hormone Alterations and Injuries: Block vs. DUP Weight-Training among D-1 Track and Field Athletes

Daily undulating periodization (DUP), using daily alterations in repetitions, has been advocated as a superior method of resistance training, while traditional forms of programming for periodization (Block) have been questioned. Nineteen Division I track and field athletes were assigned to either a 10-week Block or DUP training group. Year and event were controlled. Over the course of the study, there were four testing sessions, which were used to evaluate a variety of strength characteristics, including maximum isometric strength, rate of force development, and one repetition maximum (1RM). Although, performance trends favored the Block group for strength and rate of force development, no statistical differences were found between the two groups. However, different (p ≤ 0.05) estimated volumes of work (VL) and amounts of improvement per VL were found between groups. Based upon calculated training efficiency scores, these data indicate that a Block training model is more efficient in producing strength gains than a DUP model. Additionally, alterations in testosterone (T), cortisol (C) and the T:C ratio were measured. Although there were no statistically (p ≤ 0.05) different hormone alterations between groups, relationships between training variables and hormone concentrations including the T:C ratio, indicate that Block may be more efficacious in terms of fatigue management

Resting Hormone Alterations and Injuries: Block vs. DUP Weight-Training among D-1 Track and Field Athletes

Daily undulating periodization (DUP), using daily alterations in repetitions, has been advocated as a superior method of resistance training, while traditional forms of programming for periodization (Block) have been questioned. Nineteen Division I track and field athletes were assigned to either a 10-week Block or DUP training group. Year and event were controlled. Over the course of the study, there were four testing sessions, which were used to evaluate a variety of strength characteristics, including maximum isometric strength, rate of force development, and one repetition maximum (1RM). Although, performance trends favored the Block group for strength and rate of force development, no statistical differences were found between the two groups. However, different (p ≤ 0.05) estimated volumes of work (VL) and amounts of improvement per VL were found between groups. Based upon calculated training efficiency scores, these data indicate that a Block training model is more efficient in producing strength gains than a DUP model. Additionally, alterations in testosterone (T), cortisol (C) and the T:C ratio were measured. Although there were no statistically (p ≤ 0.05) different hormone alterations between groups, relationships between training variables and hormone concentrations including the T:C ratio, indicate that Block may be more efficacious in terms of fatigue management

Observations of Energetic-particle Population Enhancements along Intermittent Structures near the Sun from the Parker Solar Probe

Observations at 1 au have confirmed that enhancements in measured energetic-particle (EP) fluxes are statistically associated with "rough" magnetic fields, i.e., fields with atypically large spatial derivatives or increments, as measured by the Partial Variance of Increments (PVI) method. One way to interpret this observation is as an association of the EPs with trapping or channeling within magnetic flux tubes, possibly near their boundaries. However, it remains unclear whether this association is a transport or local effect; i.e., the particles might have been energized at a distant location, perhaps by shocks or reconnection, or they might experience local energization or re-acceleration. The Parker Solar Probe (PSP), even in its first two orbits, offers a unique opportunity to study this statistical correlation closer to the corona. As a first step, we analyze the separate correlation properties of the EPs measured by the Integrated Science Investigation of the Sun (IS⊙IS) instruments during the first solar encounter. The distribution of time intervals between a specific type of event, i.e., the waiting time, can indicate the nature of the underlying process. We find that the IS⊙IS observations show a power-law distribution of waiting times, indicating a correlated (non-Poisson) distribution. Analysis of low-energy (~15 – 200 keV/nuc) IS⊙IS data suggests that the results are consistent with the 1 au studies, although we find hints of some unexpected behavior. A more complete understanding of these statistical distributions will provide valuable insights into the origin and propagation of solar EPs, a picture that should become clear with future PSP orbits

Risk algorithm using serial biomarker measurements doubles the number of screen-detected cancers compared with a single-threshold rule in the United Kingdom collaborative trial of ovarian cancer screening

PURPOSE: Cancer screening strategies have commonly adopted single-biomarker thresholds to identify abnormality. We investigated the impact of serial biomarker change interpreted through a risk algorithm on cancer detection rates. PATIENTS AND METHODS: In the United Kingdom Collaborative Trial of Ovarian Cancer Screening, 46,237 women, age 50 years or older underwent incidence screening by using the multimodal strategy (MMS) in which annual serum cancer antigen 125 (CA-125) was interpreted with the risk of ovarian cancer algorithm (ROCA). Women were triaged by the ROCA: normal risk, returned to annual screening; intermediate risk, repeat CA-125; and elevated risk, repeat CA-125 and transvaginal ultrasound. Women with persistently increased risk were clinically evaluated. All participants were followed through national cancer and/or death registries. Performance characteristics of a single-threshold rule and the ROCA were compared by using receiver operating characteristic curves. RESULTS: After 296,911 women-years of annual incidence screening, 640 women underwent surgery. Of those, 133 had primary invasive epithelial ovarian or tubal cancers (iEOCs). In all, 22 interval iEOCs occurred within 1 year of screening, of which one was detected by ROCA but was managed conservatively after clinical assessment. The sensitivity and specificity of MMS for detection of iEOCs were 85.8% (95% CI, 79.3% to 90.9%) and 99.8% (95% CI, 99.8% to 99.8%), respectively, with 4.8 surgeries per iEOC. ROCA alone detected 87.1% (135 of 155) of the iEOCs. Using fixed CA-125 cutoffs at the last annual screen of more than 35, more than 30, and more than 22 U/mL would have identified 41.3% (64 of 155), 48.4% (75 of 155), and 66.5% (103 of 155), respectively. The area under the curve for ROCA (0.915) was significantly (P = .0027) higher than that for a single-threshold rule (0.869). CONCLUSION: Screening by using ROCA doubled the number of screen-detected iEOCs compared with a fixed cutoff. In the context of cancer screening, reliance on predefined single-threshold rules may result in biomarkers of value being discarded

Disentangling the Cosmic Web Towards FRB 190608

FRB 190608 was detected by ASKAP and localized to a spiral galaxy at $z_{host}=0.11778$ in the SDSS footprint. The burst has a large dispersion measure ($DM_{FRB}=339.8$ $pc/cm^3$) compared to the expected cosmic average at its redshift. It also has a large rotation measure ($RM_{FRB}=353$ $rad/m^2$) and scattering timescale ($\tau=3.3$ $ms$ at $1.28$ $GHz$). Chittidi et al (2020) perform a detailed analysis of the ultraviolet and optical emission of the host galaxy and estimate the host DM contribution to be $110\pm 37$ $pc/cm^3$. This work complements theirs and reports the analysis of the optical data of galaxies in the foreground of FRB 190608 to explore their contributions to the FRB signal. Together, the two manuscripts delineate an observationally driven, end-to-end study of matter distribution along an FRB sightline; the first study of its kind. Combining KCWI observations and public SDSS data, we estimate the expected cosmic dispersion measure $DM_{cosmic}$ along the sightline to FRB 190608. We first estimate the contribution of hot, ionized gas in intervening virialized halos ($DM_{halos} \approx 7-28$ $pc/cm^3$). Then, using the Monte Carlo Physarum Machine (MCPM) methodology, we produce a 3D map of ionized gas in cosmic web filaments and compute the DM contribution from matter outside halos ($DM_{IGM} \approx 91-126$ $pc/cm^3$). This implies a greater fraction of ionized gas along this sightline is extant outside virialized halos. We also investigate whether the intervening halos can account for the large FRB rotation measure and pulse width and conclude that it is implausible. Both the pulse broadening and the large Faraday rotation likely arise from the progenitor environment or the host galaxy.Comment: 14 pages, 9 figures, 3 tables. The full version of Table 1 is available as a LaTeX file. Only the first 10 entries are present in the print version. Submitted to Ap