20 research outputs found

    Loggerhead Turtle v. County Council Of Volusia County, Florida: Implied Permitting As A Justiciable Cause Of Action

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    In its March 2000 decision, Loggerhead Turtle v. County Council of Volusia County, Florida, the Federal District Court for the Middle District of Florida refused to grant the plaintiff turtles an injunction under the Endangered Species Act of 1973, and did grant partial summary judgment to the defendant county. This ruling was based on the court\u27s finding that the fighting ordinance in question was not responsible for causing harm to endangered sea turtles. The court reached this holding based on the conclusion that the County was not responsible for enforcement of the Endangered Species Act, and that the terms of the ordinance were aimed at preventing, not causing, harm. This Note advocates that the court should have recognized the plaintiff\u27s assertion that the County\u27s passage of a lighting ordinance constituted an implied permit for all activities in compliance with the ordinance such that the County could be held liable if such activities were deemed to be in violation of the Endangered Species Act, and that the District Court erred in finding that there was no available remedy which the court could issue

    Association of Accelerometry-Measured Physical Activity and Cardiovascular Events in Mobility-Limited Older Adults: The LIFE (Lifestyle Interventions and Independence for Elders) Study.

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    BACKGROUND:Data are sparse regarding the value of physical activity (PA) surveillance among older adults-particularly among those with mobility limitations. The objective of this study was to examine longitudinal associations between objectively measured daily PA and the incidence of cardiovascular events among older adults in the LIFE (Lifestyle Interventions and Independence for Elders) study. METHODS AND RESULTS:Cardiovascular events were adjudicated based on medical records review, and cardiovascular risk factors were controlled for in the analysis. Home-based activity data were collected by hip-worn accelerometers at baseline and at 6, 12, and 24 months postrandomization to either a physical activity or health education intervention. LIFE study participants (n=1590; age 78.9±5.2 [SD] years; 67.2% women) at baseline had an 11% lower incidence of experiencing a subsequent cardiovascular event per 500 steps taken per day based on activity data (hazard ratio, 0.89; 95% confidence interval, 0.84-0.96; P=0.001). At baseline, every 30 minutes spent performing activities ≥500 counts per minute (hazard ratio, 0.75; confidence interval, 0.65-0.89 [P=0.001]) were also associated with a lower incidence of cardiovascular events. Throughout follow-up (6, 12, and 24 months), both the number of steps per day (per 500 steps; hazard ratio, 0.90, confidence interval, 0.85-0.96 [P=0.001]) and duration of activity ≥500 counts per minute (per 30 minutes; hazard ratio, 0.76; confidence interval, 0.63-0.90 [P=0.002]) were significantly associated with lower cardiovascular event rates. CONCLUSIONS:Objective measurements of physical activity via accelerometry were associated with cardiovascular events among older adults with limited mobility (summary score >10 on the Short Physical Performance Battery) both using baseline and longitudinal data. CLINICAL TRIAL REGISTRATION:URL: http://www.clinicaltrials.gov. Unique identifier: NCT01072500

    Loggerhead Turtle v. County Council Of Volusia County, Florida: Implied Permitting As A Justiciable Cause Of Action

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    In its March 2000 decision, Loggerhead Turtle v. County Council of Volusia County, Florida, the Federal District Court for the Middle District of Florida refused to grant the plaintiff turtles an injunction under the Endangered Species Act of 1973, and did grant partial summary judgment to the defendant county. This ruling was based on the court\u27s finding that the fighting ordinance in question was not responsible for causing harm to endangered sea turtles. The court reached this holding based on the conclusion that the County was not responsible for enforcement of the Endangered Species Act, and that the terms of the ordinance were aimed at preventing, not causing, harm. This Note advocates that the court should have recognized the plaintiff\u27s assertion that the County\u27s passage of a lighting ordinance constituted an implied permit for all activities in compliance with the ordinance such that the County could be held liable if such activities were deemed to be in violation of the Endangered Species Act, and that the District Court erred in finding that there was no available remedy which the court could issue
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