alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION I

5 POST OFFICE SQUARE, SUITE 100

BOSTON, MASSACHUSETTS 02109-3912

MEMORANDUM

SUBJECT: Tribal Technical Consultation: Maine Water Quality Standards options for promulgation

FROM: Michael Stover, EPA Region 1 Indian Program Manager

TO: file

DATE: March 31, 2016

On Thursday, July 30 2015 from 2:30 – 4:00pm, a technical conference call was held with the Maine 

tribal environmental directors regarding the application of water quality standards pertaining to waters in 

Indian lands in Maine. Present on the conference call were:

Fred Corey, Environmental Director, Aroostook Band of Micmacs

Sue Young, Natural Resources Director, Houlton Band of Maliseet Indians

Sharri Venno, Environmental Planner, Houlton Band of Maliseet Indians

Jane Stedman, Attorney, Kanji & Katzen (Houlton Band of Maliseet Indians)

John Banks, Natural Resources Director, Penobscot Indian Nation

Dan Kusnierz, Water Program Manager, Penobscot Indian Nation

Marvin Cling, Environmental Planner, Passamaquoddy Tribe at Pleasant Point

Trevor White, Environmental Director, Passamaquoddy Tribe at Indian Township

Martin Dana, Environmental Director, Passamaquoddy Tribe at Indian Township

Carl Dierker, Director, Office of Regional Counsel, EPA Region 1

Tim Williamson, Deputy Director, Office of Regional Counsel, EPA Region 1

Ken Moraff, Director, Office of Ecosystem Protection, EPA Region 1

Ann Williams, Office of Regional Counsel, EPA Region 1

Ellen Weitzler, Municipal Permits Section Chief, EPA Region 1

Jeanne Voorhees, Water Quality Standards Coordinator, EPA Region 1

Matt Hoagland, Branch Chief, Wetlands, EPA Region 1

Sara Levinson, Office of Regional Administrator, EPA Region 1

Michael Stover, Indian Program Manager, EPA Region 1

During the call, EPA relayed to the Maine tribes that the three sets of disapprovals issued in February, 

March and June of 2015 spurred a need for establishing protective standards pertaining to waters in Indian 

lands in Maine. EPA communicated that while EPA remains hopeful that Maine will take appropriate 

action, EPA has not received assurance from the State that this will happen. EPA is therefore beginning 

the work to support a federal promulgation if necessary, and is soliciting the tribes’ views under this 

technical consultation call.

EPA discussed several potential promulgation approaches, including whether to concentrate on human 

health criteria first, followed by aquatic life criteria and other disapprovals, or work towards 

promulgating standards all at once.

Dan Kusnierz relayed that HHC was the most important category of WQS for the Penobscot Indian 

Nation. Trevor White of the Passamaquoddy Tribe at Indian Township suggested a broadest possible 

approach for promulgation instead of a categorical approach, and Fred Corey of the Aroostook Band of 

Micmacs concurred.
The Maine tribes provided no additional feedback.

2
#### Deborah A. Watson, Individually and as Administratrix of the Estate of David S. Watson, Deceased, Respondent, v Scott McLaughlin Truck & Equipment Sales, Appellant and Third-Party Plaintiff-Respondent. Wades Coal and Concrete, Inc., Third-Party Defendant-Appellant.

[804 NYS2d 185]

*1052Appeal and cross appeal from an order of the Supreme Court, Steuben County (Joseph W Latham, A.J.), entered on January 19, 2005. The order denied the motion of defendant-third-party plaintiff for summary judgment dismissing the complaint and denied the cross motion of third-party defendant for summary judgment dismissing the third-party complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs to plaintiff.

Memorandum: Plaintiff commenced this action to recover damages for the wrongful death of decedent during his employment at a sand and gravel mine operated by third-party defendant, Wades Coal and Concrete, Inc. (Wades). At the time of the accident, decedent was operating a loader manufactured in 1966 by a nonparty and purchased by Wades from defendant and third-party plaintiff, Scott McLaughlin Truck & Equipment Sales (McLaughlin), in 1994. Decedent was killed when the loader went over an embankment, rolled over and crushed him. Plaintiff asserted causes of action for negligence and strict products liability based upon McLaughlin’s sale of the loader without a Roll Over Protection System (ROPS). Supreme Court properly denied McLaughlin’s motion seeking summary judgment dismissing the complaint. In addition, the court properly denied Wades’ cross motion seeking summary judgment dismissing the third-party complaint inasmuch as Wades contended that it was entitled to dismissal of the third-party complaint in the event that the court granted McLaughlin’s motion. Addressing first the cause of action for strict products liability, we conclude that McLaughlin failed to meet its initial burden of establishing that the loader was not unreasonably dangerous without an ROPS *(see Milazzo v Premium Tech. Servs. Corp.,*7 AD3d 586, 588 [2004]; *cf. Scarangella v Thomas Built Buses,*93 NY2d 655, 661 [1999]; *Biss v Tenneco, Inc.,*64 AD2d 204, 207 [1978], *lv denied*46 NY2d 711 [1979]; *see generally Denny v Ford Motor Co.,*87 NY2d 248, 256-258 [1995], *rearg denied*87 NY2d 969 [1996]). With respect to the negligence cause of action, we conclude that evidence that Mine Safety and Health Administration regulations did not require that loaders *1053manufactured prior to June 30, 1969 be equipped with an ROPS does not, without more, establish as a matter of law that McLaughlin was not negligent *(see Lugo v LJN Toys,*146 AD2d 168, 171 [1989], *affd*75 NY2d 850 [1990]; *Feiner v Calvin Klein, Ltd.,*157 AD2d 501 [1990]). Present—Pigott, Jr., P.J., Green, Kehoe, Martoche and Pine, JJ.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from 
the December 31, 1995 10-Q and is qualified in its entirety by reference to such
financial statements. 
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                           JUN-30-1996
<PERIOD-START>                              JUL-01-1995
<PERIOD-END>                                DEC-31-1995
<CASH>                                          720,355
<SECURITIES>                                          0
<RECEIVABLES>                                14,900,418
<ALLOWANCES>                                  2,017,000
<INVENTORY>                                  20,918,345
<CURRENT-ASSETS>                             42,528,771
<PP&E>                                        6,202,448
<DEPRECIATION>                               13,290,316
<TOTAL-ASSETS>                               57,488,485
<CURRENT-LIABILITIES>                        30,081,656
<BONDS>                                               0
<COMMON>                                        113,146
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                           0
<OTHER-SE>                                   24,673,897
<TOTAL-LIABILITY-AND-EQUITY>                 57,488,485
<SALES>                                      46,605,871
<TOTAL-REVENUES>                             46,605,871
<CGS>                                        28,169,017
<TOTAL-COSTS>                                28,169,017
<OTHER-EXPENSES>                                      0
<LOSS-PROVISION>                                      0
<INTEREST-EXPENSE>                              785,552
<INCOME-PRETAX>                             (1,202,277)
<INCOME-TAX>                                    361,000
<INCOME-CONTINUING>                           (841,277)
<DISCONTINUED>                                        0
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                  (841,277)
<EPS-PRIMARY>                                    (0.07)   
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</TABLE>
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1223 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 1223

   To amend the Act of June 15, 1938, to extend the authority of the 
  Secretary of Agriculture to purchase lands within the boundaries of 
  certain National Forests in the State of California to include the 
   Angeles National Forest and to expand the purposes for which such 
                         purchases may be made.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 1995

   Mr. Brown of California introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL

 
   To amend the Act of June 15, 1938, to extend the authority of the 
  Secretary of Agriculture to purchase lands within the boundaries of 
  certain National Forests in the State of California to include the 
   Angeles National Forest and to expand the purposes for which such 
                         purchases may be made.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LAND ACQUISITION AUTHORITY FOR SAN BERNARDINO, CLEVELAND, 
              AND ANGELES NATIONAL FORESTS, CALIFORNIA.

    The Act of June 15, 1938 (Chapter 438; 52 Stat. 699), as amended by 
the Act of May 26, 1944 (58 Stat. 227), is further amended--
            (1) by striking ``San Bernardino and Cleveland'' and 
        inserting ``San Bernardino, Cleveland, and Angeles'';
            (2) by striking ``county of Riverside'' each place it 
        appears and inserting ``counties of Riverside and San 
        Bernardino''; and
            (3) by striking ``as to minimize soil erosion and flood 
        damage'' and inserting ``for National Forest System purposes''.
                                 <all>
```
# L_2019334EN.01016801.xml

| 27.12.2019 | EN | Official Journal of the European Union | L 334/168 |
| --- | --- | --- | --- |

27.12.2019

EN

Official Journal of the European Union

L 334/168

---

Corrigendum to Regulation (EU) 2019/788 of the European Parliament and of the Council of 17 April 2019 on the European citizens’ initiative

(
  Official Journal of the European Union L 130 of 17 May 2019
  )

| 1. | On the contents page: |
| --- | --- |

1.

On the contents page:

for:

for:

‘Regulation (EU) 2019/788 of the European Parliament and of the Council of 17 April 2019 on the European citizens’ initiative (1)’,

read:

read:

‘Regulation (EU) 2019/788 of the European Parliament and of the Council of 17 April 2019 on the European citizens’ initiative’.

| 2. | On page 55: |
| --- | --- |

2.

On page 55:

for:

for:

‘REGULATION (EU) 2019/788 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 April 2019 on the European citizens’ initiative (Text with EEA relevance)’,

read:

read:

‘REGULATION (EU) 2019/788 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 April 2019 on the European citizens’ initiative’.

---
<TABLE> <S> <C>



<ARTICLE> 5
       
<S>                                           <C>
<PERIOD-TYPE>                                9-MOS
<FISCAL-YEAR-END>                          MAY-31-1996
<PERIOD-END>                               FEB-28-1997
<CASH>                                        (10,949)
<SECURITIES>                                         0
<RECEIVABLES>                                      500
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                       5,301,519
<DEPRECIATION>                               (159,797)
<TOTAL-ASSETS>                               5,141,722
<CURRENT-LIABILITIES>                          535,863
<BONDS>                                      1,614,645
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,183
<OTHER-SE>                                   2,994,718
<TOTAL-LIABILITY-AND-EQUITY>                 5,145,226
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                           50,000
<TOTAL-COSTS>                                  284,647
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              22,858
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (350,107)
<EPS-PRIMARY>                                   (0.03)
<EPS-DILUTED>                                        0
        

</TABLE>
1 

In The 

Court of Appeals 

Ninth District of Texas at Beaumont 

____________________ 

NO. 09-17-00243-CV 

____________________ 

LISA TELFORD, Appellant 

V. 

GEORGE LEE, INDIVIDUALLY AND WAL-MART STORES TEXAS, 

LLC, Appellees 

________________________________________________________________________ 

On Appeal from the 88th District Court 

Tyler County, Texas 

Trial Cause No. 22,969

________________________________________________________________________ 

MEMORANDUM OPINION 

The trial court signed a final judgment on March 27, 2017. Lisa Telford filed 

a notice of appeal but failed to file a brief. On October 24, 2017, we notified the 

parties that the brief had not been filed, and we warned the appellant that her failure 

to file a brief could result in a dismissal of the appeal for want of prosecution. On 

November 9, 2017, we notified the parties that the appeal would be submitted to the 
2 

Court on November 30, 2017, without briefs and without oral argument. See Tex. R. 

App. P. 39.8. 

In the absence of a brief assigning error for appellate review, we dismiss the 

appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1); Tex. R. App. P. 

42.3(b). 

APPEAL DISMISSED. 

 

 

 ________________________________ 

 CHARLES KREGER 

 Justice 

 

Submitted on November 30, 2017 

Opinion Delivered December 7, 2017 

Before McKeithen, C.J., Kreger and Horton, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                                                    <C>
<PERIOD-TYPE>                                                6-MOS
<FISCAL-YEAR-END>                                      DEC-31-2000
<PERIOD-END>                                           JUN-30-2000
<CASH>                                                         552
<SECURITIES>                                                    11
<RECEIVABLES>                                                   56
<ALLOWANCES>                                                     4
<INVENTORY>                                                      0
<CURRENT-ASSETS>                                                 0
<PP&E>                                                         342
<DEPRECIATION>                                                 342
<TOTAL-ASSETS>                                                 614
<CURRENT-LIABILITIES>                                            0
<BONDS>                                                          0
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                      0
<COMMON>                                                         0
<OTHER-SE>                                                     585
<TOTAL-LIABILITY-AND-EQUITY>                                   614
<SALES>                                                          0
<TOTAL-REVENUES>                                               225
<CGS>                                                            0
<TOTAL-COSTS>                                                   87
<OTHER-EXPENSES>                                                 0
<LOSS-PROVISION>                                               (4)
<INTEREST-EXPENSE>                                               0
<INCOME-PRETAX>                                                138
<INCOME-TAX>                                                     0
<INCOME-CONTINUING>                                            138
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                                  0
<CHANGES>                                                        0
<NET-INCOME>                                                   138
<EPS-BASIC>                                                    .81
<EPS-DILUTED>                                                    0


</TABLE>
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

STATE OF FLORIDA

, Appellant,

v.

BRYON KEITH DANIELS

, Appellee

.

No. 4D 22

- 690

[ November 23, 2022 ]

Appeal from the C ounty Court for the Seventeenth Judicial Circuit,

Broward County ; Ginger Lerner

- Wren , Judge ; L.T. Case No. 21

-

17970TC10A

.

Ashley Moody, Attorney General, Tallahassee, and Heidi L. Bettendorf,

Senior Assistant Attorney General, West Palm Beach , for appellant.

No appearance for appellee.

P ER C URIAM

.

Affirmed

. See § 924.051(1)(b) and (3), Fl a. Stat

. (2021).

G ROSS

, M AY and F ORST

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
# CI2020057EN.01000101.xml

| 20.2.2020 | EN | Official Journal of the European Union | CI 57/1 |
| --- | --- | --- | --- |

20.2.2020

EN

Official Journal of the European Union

CI 57/1

---

COUNCIL DECISION

of 17 February 2020

appointing one member of the Management Board of the European Institute for Gender Equality for Germany

(2020/C 57 I/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1922/2006 of the European Parliament and of the Council on establishing a European Institute for Gender Equality (1), and in particular Article 10 thereof,

Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,

Whereas:

| (1) | By its Decision of 27 May 2019 (2), the Council appointed the members and alternate members of the Management Board of the European Institute for Gender Equality for the period from 1 June 2019 to 31 May 2022. |
| --- | --- |

(1)

By its Decision of 27 May 2019 (2), the Council appointed the members and alternate members of the Management Board of the European Institute for Gender Equality for the period from 1 June 2019 to 31 May 2022.

| (2) | The Government of Germany has submitted a nomination for one post of member to be filled, |
| --- | --- |

(2)

The Government of Germany has submitted a nomination for one post of member to be filled,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed as member of the Management Board of the European Institute for Gender Equality for Germany for the remainder of the current term of office, which runs until 31 May 2022:

GOVERNMENT REPRESENTATIVES

| Country | Member | Alternate members |
| --- | --- | --- |
| Germany | Ms Daniela BEHRENS | |

Country

Member

Alternate members

Germany

Ms Daniela BEHRENS

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 17 February 2020.

For the Council

The President

J. BORRELL FONTELLES

---

(1)  OJ L 403, 30.12.2006, p. 9.

1

(2)  Council Decision of 27 May 2019 appointing the members and alternate members of the Management Board of the European Institute for Gender Equality (OJ C 185, 29.5.2019, p. 1).

2

---
#### Anthony W. MARTIN, Plaintiff-Appellant, v. W.B. SCOTT; et al., Defendants-Appellees.

No. 01-35941.

D.C. No. CV-00-00714-EJL.

United States Court of Appeals, Ninth Circuit.

Submitted June 10, 2002.*

Decided June 14, 2002.

*879Before O’SCANNLAIN, BERZON, and RAWLINSON, Circuit Judges.

*

This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM**

Anthony W. Martin appeals pro se the district court’s order dismissing his civil-rights action against two Internal Revenue Service (“IRS”) agents, his employer, and another employee for lack of subject-matter jurisdiction and for failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291. We review de novo both dismissals for lack of subject matter jurisdiction, *Sommatino v. United States,*255 F.3d 704, 707 (9th Cir.2001), and dismissals pursuant to Fed.R.Civ.P. 12(b)(6), *Zimmerman v. City of Oakland,*255 F.3d 734, 737 (9th Cir.2001). We affirm.

Sovereign immunity bars all suits against the federal government unless it expressly consents to be sued and this bar cannot be avoided by naming officers and employees of the United States as defendants. *Gilbert v. DaGrossa,*756 F.2d 1455, 1458 (9th Cir.1985). Thus, Martin’s claims against the IRS agents in their official capacities are barred because there is no express waiver of sovereign immunity. *See id.*

Martin failed to establish a *Bivens*claim because he only alleges improper tax collection. *See Stonecipher v. Bray,*653 F.2d 398, 401 (9th Cir.1981).

The district court properly held defendants Burlington Northern Santa Fe and Kratina not liable for complying with the IRS’s instructions to withhold taxes from Martin’s paycheck. *See Bright v. Bechtel Petroleum, Inc.,*780 F.2d 766, 770 (9th Cir.1986) (holding that an employer is not liable to employee for complying with legal duty to withhold taxes).

Martin’s remaining contentions lack merit.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.