Warner wins legal victory for control of Superman


SAN FRANCISCO (AP) — Just in time for the summer release of a hoped-for blockbuster movie "Man of Steel," Warner Bros. won a second significant legal victory Thursday giving it complete commercial control of the lucrative Superman franchise.


A three-judge panel of the 9th U.S. Circuit of Appeals unanimously ruled that the heirs of Superman's co-creator Jerome Siegel must abide by a 2001 letter written by the family's attorney accepting Warner Bros.' offer for their 50 percent share of Superman. Though the five-page letter was never formalized into a contract, the appeals court said it was still binding.


"Statements from the attorneys for both parties establish that the parties had undertaken years of negotiations, that they had resolved the last outstanding point in the deal during a conversation on Oct. 15, 2001, and that the letter accurately reflected the material terms they had orally agreed to on that day," Judge Stephen Reinhardt wrote for the panel.


The ruling Thursday undoes a 2008 trial court decision ordering Warner Bros. to share an undetermined amount of money earned since 1999 with the heirs, and to give the family control of key components of the Superman story, including his costume. If that decision were to stand, the studio would have had to negotiate a new costly royalty agreement with the family.


"The court's decision paves the way for the Siegel finally to receive the compensation they negotiated for and which DC has been prepared to pay for over a decade," Warner Bros. said in a prepared statement, referring to its DC Comics division. "We are extremely pleased that Superman's adventures can continue to be enjoyed across all media platforms worldwide for generations to come."


The family's attorney, Marc Toberoff, didn't respond to a request for comment.


Toberoff said earlier that he would appeal another significant Warner Bros. victory won in October involving the family of Superman's other creator, Joseph Shuster, and their bid for half the commercial rights. Toberoff also represents the Shuster heirs, who lost their bid to retain a 50 percent share of Superman.


A federal judge in Los Angeles had ruled that Shuster's sister and brother relinquished any chance to reclaim Superman copyrights in exchange for annual pension payments from DC Comics. U.S. District Judge Otis Wright noted in that case that the families of both creators have been paid in excess of $4 million since 1978, plus undefined bonuses and medical benefits.


In April, the $412 check that DC Comics wrote in 1938 to acquire Superman and other creative works by Shuster and Siegel sold for $160,000 in an online auction.


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Fatally Ill, and Making Herself the Lesson





SOUTH HADLEY, Mass. — It was early November when Martha Keochareon called the nursing school at Holyoke Community College, her alma mater. She had a proposal, which she laid out in a voice mail message.




“I have cancer,” she said after introducing herself, “and I’m wondering if you’ll need somebody to do a case study on, a hospice patient.”


Perhaps some nursing students “just want to feel what a tumor feels like,” she went on. Or they could learn something about hospice care, which aims to help terminally ill people die comfortably at home.


“Maybe you’ll have some ambitious student that wants to do a project,” Ms. Keochareon (pronounced CATCH-uron) said after leaving her phone number. “Thank you. Bye.”


Kelly Keane, a counselor at the college who received the message, was instantly intrigued. Holyoke’s nursing students, like most, learn about cancer from textbooks. They get some experience with acutely ill patients during a rotation on the medical-surgical floor of a hospital. They practice their skills in the college’s simulation lab on sophisticated mannequins that can “die” of cancer, heart attacks and other ailments. But Ms. Keochareon, 59, a 1993 graduate of Holyoke’s nursing program, was offering students something unique: an opportunity not only to examine her, but to ask anything they wanted about her experience with cancer and dying.


“She is allowing us into something we wouldn’t ever be privy to,” Ms. Keane said.


So it was that a few weeks later, two first-year nursing students, Cindy Santiago, 26, and Michelle Elliot, 52, arrived at Ms. Keochareon’s tiny house, a few miles from the college. She was bedbound, cared for by a loyal band of relatives, hospice nurses and aides. Both students were anxious.


“Sit on my bed and talk to me,” Ms. Keochareon said. The students hesitated, saying they had been taught not to do that, to prevent transmission of germs. What they knew of nursing in hospitals — “I’m here to take your vitals, give you your medicine, O.K., bye,” as Ms. Santiago put it — was different, after all.


They had come with a list of questions. Ms. Keochareon was suffering from pancreatic cancer, and they had researched the disease ahead of time. They were particularly curious about why she had survived for so long. She had lived with her illness for more than six years — an extraordinary span for pancreatic cancer, which often kills within months after diagnosis.


Why, the students asked, had she managed to keep eating and keep on weight? What was she taking for the pain? How long had it taken for doctors to give her a diagnosis?


“They ask good questions,” Ms. Keochareon said one morning, her lips stained red from the liquid oxycodone she was sipping frequently between doses of other drugs. “I forget half the stuff I learned as a nurse, but I remember everything about pancreatic cancer. Because I’m living it.”


For Ms. Keochareon, this was a chance to teach something about the profession she had found late and embraced — she became a nurse at 40, after raising her daughter and working for years on a factory floor.


“When I was a nurse, it seemed like most of the other nurses were never too happy having a student to teach,” she said, lying in her bedroom lined with pictures of relatives, friends, and herself in healthier times. “I loved it.”


A Last Project


Now, her disease had left her passing the days watching Animal Planet, reading a book about heaven and calling friends — so much that her cordless phone never left her side. She also was planning meticulously for her death, down to the green wool cardigan and embroidered shirt she would be buried in. But Ms. Keochareon wanted more as she prepared to die. The project she envisioned would be not just for students, but also for her — a way to squeeze one more chapter out of life.


Spending time with the dying is not fundamental to nurse training, partly because there are not enough clinical settings to provide the experience. The End-of-Life Nursing Education Consortium, a project of the American Association of Colleges of Nursing, has provided training in palliative care to some 15,000 nurses and nursing instructors around the nation since 2000, focusing not just on pain management but also on how to help terminally ill patients and their families prepare for death.


In addition, some students do rotations with hospice nurses, said Pam Malloy, the project’s director. But Ms. Malloy said that nursing schools still do not focus on end-of-life care nearly as much as they should. “We live in a death-denying society, and that includes nursing,” she said. “People have begun to understand it’s important, but we’re nowhere where we need to be at this point.”


In their conversations with Ms. Keochareon, the students learned that her symptoms had included a burning sensation after eating, for which doctors prescribed an acid blocker. Then came wrenching abdominal pain, which she said doctors dismissed as psychosomatic. She also developed diabetes, another potential sign of pancreatic cancer, and itchiness, possibly from blocked bile ducts.


In 2006, after she had felt sick for several years, a doctor finally ordered a CT scan, and the cancer was diagnosed. Ms. Keochareon was 53 and working at a hospital in Charleston, S.C. She was told that she would probably die within a year or two.


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Herbalife fires back at hedge fund giant









Herbalife Chief Executive Michael Johnson was tired of a powerful hedge fund manager bad-mouthing his company.


So he put on a show Thursday before hundreds of investors at the Four Seasons hotel in Manhattan, rebutting claims that the Los Angeles nutritional supplement company is a pyramid scheme. The presentation accused hedge fund giant Bill Ackman of lies and snobbery, compared Herbalife to the Girl Scouts and featured the company's president entreating that "the world needs more hugs."


Who says Wall Street is more boring these days?





The company's two-hour defense of itself is the latest in a battle since Ackman's Pershing Square Capital Management labeled Herbalife as "the best-managed pyramid scheme in the history of the world," during a similar presentation he made late last month. The outspoken fund manager has made a $1-billion bet that the stock would plunge in value.


"Just the very nature of the 'battle' has never been seen in the history of the Earth," said Tim Ramey, an analyst with D.A. Davidson and Co. "This was a very, very orchestrated attack."


Herbalife has hired a battalion of researchers to prove that it has a legitimate and stable business model. Executives held back no punches Thursday before a crowd of investors and analysts, labeling Ackman an elitist who made "false statements," "distortions" and "misrepresentations" about Herbalife and vowing to use "every means available to protect our reputation."


"In recent weeks, there's been a tremendous amount of misinformation about Herbalife," Johnson said. "This misinformation has found its way into the marketplace. Therefore we are sitting with you to correct some of this today."


In addition to outside experts brought in to bolster Herbalife's claims, company executives went through Pershing's presentation last month, disputing individual slides.


To the complaint that Herbalife is not focused on its products, Chief Operating Officer Rich Goudis showed figures indicating that the company spends millions on research and development.


To a Pershing slide that accused Herbalife of having a small distribution network, the company countered with a map of more than 300 company-run distribution points and showing its expansion in Indonesia and South Korea.


To a Pershing slide showing Herbalife products as more expensive than competitors' per 200-calorie servings, the company offered its own slide that compared the prices of the products per unit and showed costs in line with those of its competitors.


"Pershing intentionally used a misleading metric," Goudis said. "They did this to knowingly create a false impression."


They paraded out experts.


Kim Rory, representing Lieberman Research Worldwide, said distributors she surveyed had joined Herbalife because they wanted to get a discount on the products for personal use. Few signed up because they thought they'd make a large amount of money, and about two-thirds would recommend being a distributor to friends, she said.


Anne Coughlan, a professor at the Kellogg School of Management, defended Herbalife's marketing structure and disputed the allegation that it is a pyramid scheme.


"I didn't even see a scintilla of evidence that would suggest to me any hint that this company is running anything but a legitimate multi-level marketing program," she said.


Perhaps the most personal attacks came from Herbalife President Des Walsh, who said he was "highly offended" by Ackman's portrayal of Herbalife's nutrition clubs and defended the company for bringing nutritional products to poor neighborhoods.


After showing a video featuring happy distributors in crowded nutrition clubs, Walsh suggested that Ackman was out of touch with real America.


"This doesn't look like a country club in Westchester, Connecticut, but let me tell you, inside this club is real America," he said. (Earlier in the presentation, Walsh explained that people come to the club for a hug, adding, "the world needs more hugs.")


His comments echo a note sent out last week by D.A. Davidson analyst Ramey, who has a "buy" rating on Herbalife.


"Perhaps where Mr. Ackman lives he never sees a car with the 'Lose weight, ask me how' message across the rear window," he wrote. "I can tell Mr. Ackman that in my hometown, which is not quite Chappaqua, Herbalife is an iconic and widely recognized brand."


Ackman responded quickly Thursday, saying that Herbalife's presentation "distorted, mischaracterized and outright ignored large portions of our presentation," and that he had been contacted by people who provided more information into Herbalife's business practices, which he will soon reveal.


The unusual fight on Wall Street ramped up in December, when Ackman laid out his case against Herbalife in a three-hour, 200-plus slide presentation. He questioned whether the company was focused on recruiting new distributors, who pay to join the company, instead of on selling products. His announcement sent the company's stock down 36% and turned heads when analysts heard he'd sold short 20 million Herbalife shares.


Ackman's biggest beef with Herbalife focused on its so-called multi-level marketing model, which he said led to only those at the top of the company making money. More than 90% of distributors break even or lose money, he said. Ackman even drew UCLA into the controversy, saying Herbalife mentioned a lab at the university multiple times during each investor presentation to lend itself legitimacy.


Herbalife shares recovered some of their losses in the weeks after Ackman's presentation as some investors expressed confidence in the company. Hedge fund Third Point said it was taking an 8.2% stake in Herbalife, betting that the company would survive Ackman's assault.


Analysts at Thursday's meeting seemed supportive of Herbalife, with some expressing their belief in the company during a question-and-answer period after the presentation. One analyst urged the company to fight back against Pershing Square's method of "slandering" the company.


"It was a good, thorough presentation that certainly accomplished the job of defending the legitimacy of their business model," Ramey said.


Still, not all investors were convinced by the presentation. Herbalife's stock closed down 71 cents, or 1.8%, at $39.24. That may be because on Wednesday the Securities and Exchange Commission opened an investigation into Herbalife, according to published reports.


alana.semuels@latimes.com





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San Juan Capistrano panel wants dinosaur statue removed









The San Juan Capistrano dinosaur is one step closer to extinction after city planning commissioners voted to evict the 40-foot long Apatosaurus statue from a petting zoo in the heart of the city's oldest neighborhood.


Commissioners said the dinosaur, which peeks onto historic Los Rios Street from the tiny zoo, does not reflect the history of San Juan, which would have been underwater when such animals roamed the Earth.


Carolyn Franks, owner of Zoomars Petting Zoo, said she plans to appeal the commission's 4-2 vote.





Franks bought the 13-foot-high statue for $12,000 in June, installing it without city permission. Since then, she and a donor have spent more than $30,000 on improvements to the statue and its setting, including leveling the ground where it was placed.


"We're a historical animal park," she said, noting that her zoo includes alpacas, goats, rabbits and a few zedonks — a cross between a zebra and a donkey. "The dinosaur is fiberglass. It's been so exciting for the kids — and what a great way to get kids started in history at the start of history."


Opponents cite the zoo's location on historic Los Rios Street, a narrow passageway dotted with buildings more than 200 years old. The road is one of the oldest in California.


Franks said she offered to screen off the statue — which is known by its fans as Juan the Capistrano Dinosaur — from pedestrians' view if the commission lets the dinosaur stay.


"She came in with good ideas, including screening with trees, and I thought we could find a way to preserve the statue," said Jeff Parkhurst, a city planning commissioner who said he took both of his daughters to the zoo when they were younger.


"I'm all for learning for kids, but our focus is on the history of San Juan — not the history of dinosaurs," said Robert Williams, who chairs the planning commission and believes the statue is out of place.


Franks has 15 days to appeal the vote. If the commission isn't swayed, she can appeal its decision to the City Council.


She said that when she returns to City Hall, she's considering bringing along some of the children, parents and teachers who support the dinosaur's continued residency on Los Rios.


"They wanted to wear dinosaur T-shirts because they love the statue," she said.


anh.do@latimes.com





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‘Liquipod’ takes smartphone waterproofing on the road







Amid a sea of Ultra-HD TVs, smart washing machines and various other gadgets, waterproofing expert Liquipel took to CES 2013 to make two announcements. The firm, which adds an interior and exterior waterproof nanocoating to cell phones, revealed a new and improved waterproofing material that is even more effective than its first-generation solution. Liquipel also unveiled its new “Liquipod,” a portable machine that can waterproof gadgets anywhere in the world while device owners wait, according to TechCrunch. Previously, Liquipel required customers to ship their handsets to the company’s offices for treatment.


[More from BGR: iPhone 5 now available with unlimited service, no contract on Walmart’s $ 45 Straight Talk plan]






This article was originally published on BGR.com


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Adele to make post-baby debut at Golden Globes


BEVERLY HILLS, Calif. (AP) — Adele is coming to the Golden Globes.


The executive producer of the show says the 24-year-old Grammy-winning pop star is set to make her first post-baby appearance at Sunday's ceremony, where she is nominated for original song for the James Bond theme "Skyfall."


Adele welcomed her first child, with boyfriend Simon Konecki, in October. The singer has kept a low profile since announcing her pregnancy in June after sweeping the Grammy Awards last February with six wins.


Her single, "Skyfall," will compete at the Golden Globes with Taylor Swift's song from "The Hunger Games," Jon Bon Jovi's number from "Stand Up Guys," Keith Urban's track from "Act of Valor," and "Suddenly" from "Les Miserables."


The Globes will be presented Sunday at the Beverly Hilton Hotel.


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Americans Under 50 Fare Poorly on Health Measures, New Report Says





Younger Americans die earlier and live in poorer health than their counterparts in other developed countries, with far higher rates of death from guns, car accidents and drug addiction, according to a new analysis of health and longevity in the United States.




Researchers have known for some time that the United States fares poorly in comparison with other rich countries, a trend established in the 1980s. But most studies have focused on older ages, when the majority of people die.


The findings were stark. Deaths before age 50 accounted for about two-thirds of the difference in life expectancy between males in the United States and their counterparts in 16 other developed countries, and about one-third of the difference for females. The countries in the analysis included Canada, Japan, Australia, France, Germany and Spain.


The 378-page study by a panel of experts convened by the Institute of Medicine and the National Research Council is the first to systematically compare death rates and health measures for people of all ages, including American youths. It went further than other studies in documenting the full range of causes of death, from diseases to accidents to violence. It was based on a broad review of mortality and health studies and statistics.


The panel called the pattern of higher rates of disease and shorter lives “the U.S. health disadvantage,” and said it was responsible for dragging the country to the bottom in terms of life expectancy over the past 30 years. American men ranked last in life expectancy among the 17 countries in the study, and American women ranked second to last.


“Something fundamental is going wrong,” said Dr. Steven Woolf, chairman of the Department of Family Medicine at Virginia Commonwealth University, who led the panel. “This is not the product of a particular administration or political party. Something at the core is causing the U.S. to slip behind these other high-income countries. And it’s getting worse.”


Car accidents, gun violence and drug overdoses were major contributors to years of life lost by Americans before age 50.


The rate of firearm homicides was 20 times higher in the United States than in the other countries, according to the report, which cited a 2011 study of 23 countries. And though suicide rates were lower in the United States, firearm suicide rates were six times higher.


Sixty-nine percent of all American homicide deaths in 2007 involved firearms, compared with an average of 26 percent in other countries, the study said. “The bottom line is that we are not preventing damaging health behaviors,” said Samuel Preston, a demographer and sociologist at the University of Pennsylvania, who was on the panel. “You can blame that on public health officials, or on the health care system. No one understands where responsibility lies.”


Panelists were surprised at just how consistently Americans ended up at the bottom of the rankings. The United States had the second-highest death rate from the most common form of heart disease, the kind that causes heart attacks, and the second-highest death rate from lung disease, a legacy of high smoking rates in past decades. American adults also have the highest diabetes rates.


Youths fared no better. The United States has the highest infant mortality rate among these countries, and its young people have the highest rates of sexually transmitted diseases, teen pregnancy and deaths from car crashes. Americans lose more years of life before age 50 to alcohol and drug abuse than people in any of the other countries.


Americans also had the lowest probability over all of surviving to the age of 50. The report’s second chapter details health indicators for youths where the United States ranks near or at the bottom. There are so many that the list takes up four pages. Chronic diseases, including heart disease, also played a role for people under 50.


“We expected to see some bad news and some good news,” Dr. Woolf said. “But the U.S. ranked near and at the bottom in almost every heath indicator. That stunned us.”


There were bright spots. Death rates from cancers that can be detected with tests, like breast cancer, were lower in the United States. Adults had better control over their cholesterol and high blood pressure. And the very oldest Americans — above 75 — tended to outlive their counterparts.


The panel sought to explain the poor performance. It noted the United States has a highly fragmented health care system, with limited primary care resources and a large uninsured population. It has the highest rates of poverty among the countries studied.


Education also played a role. Americans who have not graduated from high school die from diabetes at three times the rate of those with some college, Dr. Woolf said. In the other countries, more generous social safety nets buffer families from the health consequences of poverty, the report said.


Still, even the people most likely to be healthy, like college-educated Americans and those with high incomes, fare worse on many health indicators.


The report also explored less conventional explanations. Could cultural factors like individualism and dislike of government interference play a role? Americans are less likely to wear seat belts and more likely to ride motorcycles without helmets.    


The United States is a bigger, more heterogeneous society with greater levels of economic inequality, and comparing its health outcomes to those in countries like Sweden or France may seem lopsided. But the panelists point out that this country spends more on health care than any other in the survey. And as recently as the 1950s, Americans scored better in life expectancy and disease than many of the other countries in the current study.


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Wealthy car collectors, auction firms to gather in Arizona









If $8 million sounds like too much for a 1960 Ferrari, perhaps a 1958 model in the range of $5.5 million to $7 million better suits your budget.


Such are the choices the world's wealthiest car collectors will face this month in Arizona. Every year, buyers, sellers and car nuts descend on Scottsdale and Phoenix for one of the largest gatherings of car auctions in the country.


"This is it. This is the big one," McKeel Hagerty says of the week of auctions. Hagerty is founder and chief executive of Hagerty Insurance Agency, which insures and tracks sale prices of classic cars. "It is a bucket list item for any car guy at some point in your life."





Thousands of vehicles will be auctioned by companies including Gooding & Co. of Santa Monica, RM Auctions, Bonhams, Barrett-Jackson and Russo & Steele. The models offered range from a 1926 Cadillac to a 2012 Shelby GT500 Super Snake, with prices from the low $20,000s to the high seven figures. Auctions run Jan. 15-20.


Barrett-Jackson says around 270,000 people attended its 2012 Arizona event over the course of a week, and the company expects to top that number this year.


Antique car buffs now consider the Arizona event on par with the Monterey car week held every August in California. Although the Monterey week offers an amalgam of events including heritage racing, car auctions and the Pebble Beach Concours d'Elegance, Arizona is strictly auctions.


"Everybody there is very much in the mood to buy and sell," David Gooding, president and chief executive of Gooding & Co., said of Scottsdale. "At Pebble, there's just so much going on that people sometimes are a little less focused. Everybody tends to get a little stressed out and tired."


The pair of rare Ferraris, offered by rival auction houses, probably will compete for bragging rights that go with the top-dollar sale.


Gooding & Co., which has a five-year streak of selling the priciest car, is bringing a 1958 Ferrari 250 GT LWB California Spider. The long-wheelbase convertible is one of only 50 built and features a 3.0-liter V-12 that makes at least 250 horsepower. The car has been certified by Ferrari as a matching-numbers example and has been shown at elite car shows including Pebble Beach. Matching-numbers cars are those that still have original components such as the engine with identification numbers that match those on other parts of the vehicle.


"There's nothing you can fault on this car; it's as nice as it can be," David Gooding said of the midnight blue California Spider.


His company estimates that the car will bring $5.5 million to $7 million if it sells.


Challenging the Spider for the top sale will be another rare Ferrari sold by RM Auctions, a 1960 250 GT SWB Berlinetta "Competizione." Only 74 of the roughly 170 short-wheelbase 250 GT cars were made in this lighter, street-legal racing version with a V-12 engine that makes close to 300 horsepower.


Since many were raced — and crashed — few match this copy's provenance. It's had just four owners, and its crash-free and original-engine status make it a rare "no stories" car. These models are also balanced and welcoming cars to drive, a trait not shared by all race-spec Ferraris of the era.


"It's one of the holy grails for Ferrari collecting, because they look nice, they perform well, and yet they're kind of tame," Hagerty said. He estimates the car could sell for $6 million to $10 million.


Old Ferraris in general have been fetching ever-increasing prices, according to Hagerty Insurance, which tracks the average price of Ferraris sold and reports a 59% increase in the last 36 months. In part, the surge is driven by the fact that ownership grants the buyer entry to the world's most exclusive driving events, including road rallies and other Concours car shows.


"There are events around the world that you don't get invited to unless you have one of these," Hagerty says. "You don't get to be the guest of somebody who goes. You either own it or you're not going."


The week of auctions traces its roots back to 1971, when Tom Barrett and Russ Jackson hosted their first auction of around 80 cars in Scottsdale. The pair soon after formed Barrett-Jackson, a classic-car auction company that today is among the world's largest. By 1997, the Speed Channel was covering the weeklong Barrett-Jackson auction live.


By 2001, after years of increased foot traffic to the weeklong event, other auction companies had started hosting similar sales nearby with the hopes of attracting buyers interested in a wider range of vehicles than the American muscle cars Barrett-Jackson was known for selling.


"It's the great example of if you put one gas station on a corner, then slowly all four corners have a gas station — and they all seem to do well," Hagerty said of the growth.


The event's rising popularity, due in no small part to television coverage, has benefited every car fan, said Jackson's son Craig, the chairman and CEO of Barrett-Jackson. "I think it's had a role in expanding the car hobby in general," he said. "It's brought thousands of new people in."


Although Italian exotics steal the limelight, a majority of the week's sales are cars with more reasonable prices, from $20,000 to $100,000. More common offerings will include American classics such as 1957 Chevys, Corvettes and Ford Mustangs.


Even if you don't intend to buy, the auctions can still be fun to watch.


"There are a lot of cars that are kind of affordable. It's fun to go to those things, because you're sort of afraid you're going to start waving your hand around at the least convenient moment," Hagerty said. "And of course that's exactly what the auction companies want you to do."


david.undercoffler@latimes.com





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U.S. Supreme Court hands L.A. County a victory in water lawsuit









Los Angeles County got a reprieve in an ongoing dispute over who is responsible for pollution from storm water when the U.S. Supreme Court overturned a ruling won by environmentalists.


However, the court's 9-0 decision Tuesday did not deal with the larger question of how to regulate storm water and urban runoff flowing into the region's waterways.


Gary Hildebrand, assistant deputy director of the county's Department of Public Works, said the court's decision "validates the approach the flood control district has been taking to deal with water management."





The ruling allows the district to move forward with updated storm water regulations that the regional water board put in place in November, he said.


The Natural Resources Defense Council and Santa Monica Baykeeper — now Los Angeles Waterkeeper — sued the flood control district in 2008 alleging that it had violated its storm water permit. The lawsuit cited high pollution readings at monitoring stations in the county's rivers.


Last year, the U.S. 9th Circuit Court of Appeals ruled that the county was liable for pollution in the Los Angeles and San Gabriel rivers, and referred to the water flowing from the "concrete channels" into the natural part of the lower river as discharges of pollutants.


The Supreme Court said the 9th Circuit's opinion rested on a mistaken premise and reversed it. The water flowing from one "concrete" section of the river to another section cannot be deemed a "discharge" of pollutants, the court said. Justice Ruth Bader Ginsburg said "no pollutants are 'added' to a water body when water is merely transferred between different portions of that body."


Steve Fleischli, water program director and senior attorney with the National Resources Defense Council, said the question that the court decided was never in dispute between the parties. He called the ruling a "temporary setback" in efforts to hold the county accountable.


"It doesn't close the door on our enforcement efforts against the county, and it doesn't limit the county's obligation to comply with the Clean Water Act," he said.


County officials have also argued that the flood control district is not primarily to blame for the pollution in the rivers, because there are dozens of cities discharging polluted runoff upstream from the monitoring sites. With only one monitoring station in each river, it is difficult to find the original source of the pollution.


The Supreme Court did not weigh in on that point, but when the case was argued last month, the justices commented that the county needs a better means of monitoring storm water runoff.


In her opinion, Ginsburg noted that the renewed storm water permit put in place by the Los Angeles regional water board will include monitoring the water quality at "discharge points" where storm drains flow into the rivers, which will provide more localized data.


Hildebrand said the ruling will not have an impact on a parcel fee the county is pursuing to raise about $290 million a year for projects that would help clean up storm water pollution. A hearing on that proposal is set for Jan. 15, and the Board of Supervisors may vote then to place the proposed fee on the ballot.


abby.sewell@latimes.com


david.savage@latimes.com


Sewell reported from Los Angeles and Savage from Washington, D.C.





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AP Exclusive: Richardson pressing NKorean test ban






PYONGYANG, North Korea (AP) — Former New Mexico Gov. Bill Richardson said Wednesday that his delegation is pressing North Korea to put a moratorium on missile launches and nuclear tests and to allow more cell phones and an open Internet for its citizens.


Richardson told The Associated Press in an exclusive interview in Pyongyang that the group is also asking for fair and humane treatment for an American citizen detained in North Korea.






“The citizens of the DPRK (North Korea) will be better off with more cell phones and an active Internet. Those are the three messages we’ve given to a variety of foreign policy officials, scientists” and government officials, Richardson said.


He is accompanied by Google Executive Chairman Eric Schmidt and Google Ideas think tank Director Jared Cohen on what Richardson has called a private, humanitarian trip. Schmidt, who is the highest-profile U.S. business executive to visit North Korea since leader Kim Jong Un took power a year ago, has not spoken publicly about the reasons behind the journey to North Korea.


The high-profile visit comes just weeks after North Korea launched a long-range rocket to send a satellite into space. Washington has condemned the launch as a banned test of missile technology.


Schmidt, who oversaw Google‘s expansion into a global Internet giant, speaks frequently about the importance of providing people around the world with Internet access and technology. Google now has offices in more than 40 countries, including all three of North Korea’s neighbors: Russia, South Korea and China, another country criticized for systematic Internet censorship.


He and Cohen have collaborated on a book about the Internet’s role in shaping society called “The New Digital Age” that comes out in April.


Using science and technology to build North Korea’s beleaguered economy was the highlight of a New Year’s Day speech by leader Kim Jong Un.


New red banners promoting slogans drawn from Kim’s speech line Pyongyang’s snowy streets, and North Koreans are still cramming to study the lengthy speech. It was the first time in 19 years for North Koreans to hear their leader give a New Year’s Day speech. During the rule of late leader Kim Jong Il, state policy was distributed through North Korea’s three main newspapers.


___


Follow AP’s bureau chief for Pyongyang and Seoul at www.twitter.com/newsjean.


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Title Post: AP Exclusive: Richardson pressing NKorean test ban
Url Post: http://www.news.fluser.com/ap-exclusive-richardson-pressing-nkorean-test-ban/
Link To Post : AP Exclusive: Richardson pressing NKorean test ban
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