Fire Sale? The Admissibility of Evidence of Environmental Contamination to Determine Just Compensation in Washington Eminent Domain Proceedings

Jurisdictions across the United States are split on the issue of whether evidence of environmental contamination should be admissible to determine just compensation in an eminent domain proceeding. Jurisdictions that admit this evidence reason that environmental contamination is a property characteristic that necessarily affects the value of the property. Those that exclude the evidence cite procedural due process concerns and the risk of extra liability for the landowner. Washington\u27s Model Toxics Control Act (MTCA) establishes a system of assigning liability and recovering cleanup costs for environmental contamination. No Washington court has addressed whether evidence of environmental contamination should be admissible to determine just compensation in an eminent domain proceeding. This Comment argues that, under MTCA and Washington eminent domain law, the evidence should not be admitted, because its admission (1) would violate the prohibition in Washington eminent domain law against speculative evidence, (2) would infringe upon the procedural due process rights of landowners under MTCA, and (3) may result in additional liability on the part of the landowners and extra recovery on the part of the condemning authority

Influence of Fertilizer Nitrogen and Sulfur on Production of Malting Barley

Studies in north-central Nebraska from 1975 through 1977: 1. Evaluated the malting barley production potential of the irrigated sandy soils of the region. 2. Measured the effect of application of N and S on yield and quality of barley grown for malting purposes. 3. Investigated the ability of N analysis of barley in the vegetative stage to predict protein content of grain at harvest. Data gathered lead to the following conclusions: 1. The potential for production of malting barley on irrigated sandy soils of north-central Nebraska is limited. 2. Yields increased with the application of fertilizer N throughout the study although response varied with site and variety. 3. Application of fertilizer S had no effect on yield throughout the study. 4. Application of N increased the protein content of all grain varieties studied by approximately 2 to 3 percent. 5. Analysis of plant material collected at the boot stage for N provided a reliable indication of the grain protein content

Real-time Kinetic Studies of Bacillus Subtilis Oxalate Decarboxylase and Ceriporiopsis Subvermispora Oxalate Oxidase Using Luminescent Oxygen Sensor

Oxalate decarboxylase (OxDC), an enzyme of the bicupin superfamily, catalyzes the decomposition of oxalate into carbon dioxide and formate at an optimal pH of 4.3 in the presence of oxygen. However, about 0.2% of all reactions occur through an oxidase mechanism that consumes oxygen while producing two equivalents of carbon dioxide and one equivalent of hydrogen peroxide. The kinetics of oxidase activity were studied by measuring the consumption of dissolved oxygen over time using a luminescent oxygen sensor. We describe the implementation of and improvements to the oxygen consumption assay. The oxidase activity of wild type OxDC was compared to that of the T165V OxDC mutant, which contains an impaired flexible loop covering the active site. The effects of various carboxylic acid-based buffers on the rate of oxidase activity were also studied. These results were compared to the oxidase activity of oxalate oxidase (OxOx), a similar bicupin enzyme that only carries out oxalate oxidation. The temperature dependence of oxidase activity was analyzed, and preliminary results offer an estimate for the overall activation energy of the oxidase reaction within OxDC. The data reported here thus provide insights into the mechanism of the oxidase activity of OxDC

Managing a forgotten greenhouse gas under existing U.S. law: An interdisciplinary analysis

The United States’ legal strategy for addressing climate change in recent years has relied on authority from existing legislation. This has led to measures on a number of different greenhouse gases, notably carbon dioxide, methane and hydrofluorocarbons. However, one greenhouse gas has been largely forgotten: nitrous oxide. Nitrous oxide is the third most abundantly emitted greenhouse gas in the U.S. and worldwide, as well as the largest remaining threat to the stratospheric ozone layer. In addition, the nitrogen atoms in nitrous oxide are part of the highly fluid nitrogen cycle where nitrogen atoms transform readily among different chemical forms, each with a unique environmental and human health impact – a process known as the nitrogen cascade. While the science of the nitrogen cascade has been explored for over a decade, there has been little work on the legal implications of this phenomenon. And yet the nitrogen cascade expands the legal options available for controlling nitrous oxide. This paper studies these options in a U.S. context and explores the environmental and economic impacts of enacting them. We determine that the Clean Air Act, and in particular its broad authority for controlling ozone depleting substances, is the most promising legal pathway for regulating nitrous oxide across all major sources. Invoking such authority could generate significant climate and stratospheric ozone benefits over 2015–2030, equivalent to taking 12 million cars permanently off the road, and 100 million chlorofluorocarbon-laden refrigerators out of service. The economic benefits could sum to over $700 billion over 2015–2030, with every$1.00 spent on abating emissions leading to $4.10 in societal benefits. The bulk of these benefits would come from reductions in other forms of nitrogen pollution such as ammonia and nitrate, highlighting the important and multiple co-benefits that could be achieved by abating nitrous oxide emissions. With the Paris Climate Agreement calling for limiting global temperature increases to “well below” two degrees Celsius, all mitigation opportunities across all sectors need to be considered. This paper suggests that nitrous oxide warrants more attention from policy-makers in the U.S. and around the world

Soybean Chlorosis Studies on High pH Bottomland Soils

Soybean varieties are different in tolerance to lime-induced chlorosis. Field trials were conducted to evaluate variety performance on soils where chlorosis in soybeans was a known problem. Thirty-six varieties out of 177 were identified as tolerant to soil conditions that cause chlorosis. Eleven varieties of these 36 were found to have the most consistent yield performance on high pH soils. Tolerant varieties must be planted at adequate densities for best performance. A seeding rate of 13.5 seeds per foot of row, the highest seeding rate employed, did not appear to maximize yield on soils where chlorosis was severe. On some soils, chlorosis is so severe that even tolerant varieties planted at adequate densities will not produce seed. Under conditions where soils cause moderate to severe chlorosis in tolerant varieties, yields were improved by the use of a high pH stable chelate (Fe-EDDHA) with the seed

Hydrogen Peroxide Inhibition of Bicupin Oxalate Oxidase

Oxalate oxidase is a manganese containing enzyme that catalyzes the oxidation of oxalate to carbon dioxide in a reaction that is coupled with the reduction of oxygen to hydrogen peroxide. Oxalate oxidase from Ceriporiopsis subvermispora (CsOxOx) is the first fungal and bicupin enzyme identified that catalyzes this reaction. Potential applications of oxalate oxidase for use in pancreatic cancer treatment, to prevent scaling in paper pulping, and in biofuel cells have highlighted the need to understand the extent of the hydrogen peroxide inhibition of the CsOxOx catalyzed oxidation of oxalate. We apply a membrane inlet mass spectrometry (MIMS) assay to directly measure initial rates of carbon dioxide formation and oxygen consumption in the presence and absence of hydrogen peroxide. This work demonstrates that hydrogen peroxide is both a reversible noncompetitive inhibitor of the CsOxOx catalyzed oxidation of oxalate and an irreversible inactivator. The build-up of the turnover-generated hydrogen peroxide product leads to the inactivation of the enzyme. The introduction of catalase to reaction mixtures protects the enzyme from inactivation allowing reactions to proceed to completion. Circular dichroism spectra indicate that no changes in global protein structure take place in the presence of hydrogen peroxide. Additionally, we show that the CsOxOx catalyzed reaction with the three carbon substrate mesoxalate consumes oxygen which is in contrast to previous proposals that it catalyzed a non-oxidative decarboxylation with this substrate

Soybean Chlorosis Studies on High pH Bottomland Soils

Soybean varieties are different in tolerance to lime-induced chlorosis. Field trials were conducted to evaluate variety performance on soils where chlorosis in soybeans was a known problem. Thirty-six varieties out of 177 were identified as tolerant to soil conditions that cause chlorosis. Eleven varieties of these 36 were found to have the most consistent yield performance on high pH soils. Tolerant varieties must be planted at adequate densities for best performance. A seeding rate of 13.5 seeds per foot of row, the highest seeding rate employed, did not appear to maximize yield on soils where chlorosis was severe. On some soils, chlorosis is so severe that even tolerant varieties planted at adequate densities will not produce seed. Under conditions where soils cause moderate to severe chlorosis in tolerant varieties, yields were improved by the use of a high pH stable chelate (Fe-EDDHA) with the seed

Behavioral Health and Performance Operations During the Space Shuttle Program

Prior to the Columbia STS 107 disaster in 2003, the Johnson Space Center s Behavioral Health and Performance Group (BHP) became involved in Space Shuttle Operations on an as needed basis, occasionally acting as a consultant and primarily addressing crew-crew personality conflicts. The BHP group also assisted with astronaut selection at every selection cycle beginning in 1991. Following STS 107, an event that spawned an increased need of behavioral health support to STS crew members and their dependents, BHP services to the Space Shuttle Program were enhanced beginning with the STS 114 Return to Flight mission in 2005. These services included the presence of BHP personnel at STS launches and landings for contingency support, a BHP briefing to the entire STS crew at L-11 months, a private preflight meeting with the STS Commander at L-9 months, and the presence of a BHP consultant at the L-1.5 month Family Support Office briefing to crew and family members. The later development of an annual behavioral health assessment of all active astronauts also augmented BHP s Space Shuttle Program specific services, allowing for private meetings with all STS crew members before and after each mission. The components of each facet of these BHP Space Shuttle Program support services will be presented, along with valuable lessons learned, and with recommendations for BHP involvement in future short duration space mission

NASA Astronaut Selection 2009: Behavioral Overview

NASA's multi-phase U.S. astronaut selection process seeks to identify the most qualified astronaut candidates from a large number of applicants. With the approaching retirement of the Space Shuttle, NASA focused on selecting those individuals who were most suited to the unique demands of long-duration spaceflight. In total, NASA received 3,535 applications for the 2009 astronaut selection cycle. Of these, 123 were invited to NASA Johnson Space Center (JSC) for Round 1 initial screening and interviews, which consisted of an Astronaut Selection Board (ASB) preliminary interview, medical review, and psychological testing. Of these, 48 individuals were invited to return for Round 2. This round consisted of medical testing, further behavioral assessments, and a second ASB interview. Following this, nine astronaut candidates (ASCANs) were ultimately chosen to go forward to basic training. The contents, benefits, and lessons learned from implementing this phased process will be discussed. The lessons learned can benefit the future selection of space flyers, whether they are NASA or commercial. Learning Objective: 1) Familiarization with the 2009 NASA behavioral screening process for astronaut applicants