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4 US States Scoring Under-the-Radar Clean Energy Wins
May 20, 2019 By Tyler Clevenger and Cassandra Etter-Wenzel Cover Image by: Photo by William Banton/U.S. Air Force
In the United States, the falling cost of renewable energy means the economic case for investing in renewables is stronger than ever before. Across the country, from South Carolina to Nevada, states are taking new measures to harness wind and solar power. Since January, more than 10 state legislatures have enacted policies that encourage new renewable energy development.
State action promoting a friendly market for renewables—whether through eliminating unnecessary price barriers or setting statewide clean energy goals—can make all the difference for adding more renewable energy on the grid. While a few states like California, Hawaii and Massachusetts have internationally recognized ambitious policies, there are many more taking significant, new steps at closing the policy gap that limits clean energy development. And this is happening in states beyond the established forerunners. Here are just a few of the states making gains:
Arkansas Enables Third-Party Contracts for Solar
Like many of its neighbors in the southeastern U.S., Arkansas has ample untapped solar potential. Though solar generation grew more than 500% last year, its nascent industry still ranks only 32nd nationally. This year, things are poised to scale up significantly: with the passage of the Solar Access Act in March, Arkansas became the latest state to allow third parties to finance solar developments, opening the door for buyers to develop new projects and boost employment for Arkansans.
The bipartisan Solar Access Act was passed by the state legislature with only a handful of dissenting votes, and had the backing of large and small businesses, as well as local environmental organizations. A major supporter was Arkansas-based Walmart, which has a goal of powering its operations with 50% renewable energy by 2025. The company recently signed contracts for 46 solar projects in five states, and is now set to harness the sun shining in its home state.
Arkansas-based Walmart supported a policy in the state to encourage solar developments. Photo by Walmart.
South Carolina Ends Caps on Net Metering
The Energy Freedom Act, expected to be signed by South Carolina's governor, garnered strong support from not only both political parties, but also from utilities, as well as community members and solar advocates. The bill lifts caps on the number of homes that can install rooftop solar panels. It also enables new customers to lock in retail-rate net metering, which allows customers to get credits on their utility bills for excess electricity generated from solar installations on their property.
The policy also aims to help commercial and industrial consumers by allowing some large buyers to secure 10-year large-scale solar contracts with utilities. Longer contracts provide buyers less financial risk and cut down on the frequency of permitting processes. And as the solar market grows in South Carolina, it will likely drive demand for solar installers, the fastest growing occupation in the U.S.
Maine Reengages on Renewables
Maine's new governor Janet Mills was elected on a platform of putting Maine back on track towards a renewable future. Shortly after taking office, Mills abolished a moratorium on new onshore wind projects and has said she is eager to develop an offshore wind industry on the Maine coast, which has the highest offshore wind potential in the American Northeast.
The state of Maine plans to be a wind energy leader in its region. Photo by Oliver Rich/Flickr.
Governor Mills has also replaced a gross net metering policy, a system that charged transmission and distribution fees on all electricity generated from rooftop solar panels, even if that power did not leave the building where it was generated. The new policy uses a standard net metering policy that incentivizes customers to install solar panels on their rooftops by compensating them for any unused electricity flowing into the grid.
Just a few weeks ago, Mills put forward legislation to set goals of sourcing 80% of the state's energy from renewables by 2030, and 100% by 2050. While the bill has not yet been voted upon, it has already received bipartisan support and has a Republican lead sponsor in the state's senate. Maine already gets 75% of its energy from hydroelectric dams, wind turbines and biomass, and these new policies could enable the state to develop a wind and solar market large enough to export power to other states.
Nevada to Add Solar Capacity and Jobs
Passed unanimously, across party lines on Earth Day, Nevada's new energy bill mandates that the state generate 50% of its electricity from renewables by 2030 and signals that the Silver State isn't content with its existing Renewable Portfolio Standard (RPS), which had called for 25% of the state's energy portfolio come from renewable sources by 2025. Though its prior RPS helped Nevada foster the fourth largest solar market in the U.S., the new requirement means the state will need to develop additional renewable energy facilities, which the Nevada's government believes could add up to 11,170 full-time jobs and $1.5 billion in economic activity.
High school students in Nevada discuss the solar array at their school. Photo by Black Rock Solar.
2019 and Beyond: A Clean Energy Future for the U.S.
These states are not alone in removing barriers and creating incentives for renewable energy development this year. Legislators in Michigan, Illinois and Pennsylvania, all among the top ten U.S. emitters, are currently discussing policies that could make renewable energy options more competitive in their regional energy markets. By creating enabling environments at the state level, these policies empower cities, utilities, businesses and individuals to drive forward the clean energy revolution across the U.S.
US State and Local Ballot Measures Advancing the Energy Transition
Besides Buying Renewables, How Can Companies and Cities Create a Greener Grid?
Insights June 17, 2019
Kentucky Can Shape A Clean Energy Future
Insights October 3, 2016
The US Set a Record for Renewables in 2020, but More Is Needed
Insights June 4, 2021


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(-) September 2010 (3)
JACS ICT Strategy 2017-2019
The JACS ICT Strategy provides high level direction to move the Justice and Community Safety Directorate (JACS) towards systems that support better se
Rehabilitation Policy
The Justice and Community Safety (JACS) Directorate Rehabilitation Policy (the Policy) provides the framework for rehabilitation management in the Dir
Director-General Awards Guidelines
These Guidelines provide the process for formally recognising employees for their achievements and outstanding contributions in their areas of work.
Learning and Development Application Fact Sheet
A factsheet regarding how JACS staff access training provided on the JACS Learning and Development Calendar and ACTPS Training Calendar.
Welcome to the Annual Report of the ACT Department of Justice and Community Safety for 2009-10. The report is available for viewing in PDF, and can b
Personal Information Digest: JACS 2010
Under Information Privacy Principle 5, section 14 of the Privacy Act 1988 (Cwlth), this document provides the types of personal information kept by th
A progress report on the independent review of the Alexander Maconochie Centre (AMC)
A progress report on the independent review of the Alexander Maconochie Centre (AMC) has been tabled in the Legislative Assembly by Attorney General,

redpajama_set_name: RedPajamaCommonCrawl


text:
Cook Like A Pro
Recipes & Tips for Home Cooks
Garten, Ina
Book - 2018 | First edition.
As America's most trusted and beloved cookbook author, Ina Garten--the Barefoot Contessa--has taught millions of people how to cook. A home cook at heart, Ina knows that cooking and entertaining can be difficult, so to make her recipes simple and streamlined, she tests and retests each recipe until it's as straightforward and delicious as possible. Although Ina is completely self-taught and doesn't consider herself to be a "professional" cook, she has spent decades working with chefs and learning the techniques that take their cooking to the next level. In Cook Like a Pro, Ina shares some of her most irresistible recipes and very best "pro tips," from the secret to making her custardy, slow-cooked Truffled Scrambled Eggs to the key to the crispiest and juiciest Fried Chicken Sandwiches. Ina will even show you how to make an easy yet showstopping pattern for her Chocolate Chevron Cake--your friends won't believe you decorated it yourself! For Ina, cooking like a pro also means hosting like a pro, and along with know-how like how to tell when a filet of beef is perfectly cooked, you'll find dozens of other great ideas to boost your cooking and entertaining skills such as how to set up an elegant home bar and how to make an impressive Raspberry Baked Alaska that can be completely prepared ahead of time so all you need to do is finish it for your guests before serving. Beginner and advanced cooks alike will love Ina's delectable recipes, and if you have questions along the way, don't worry--Ina's practical cooking advice talks you through every detail, as though she were right there by your side. With beautiful photos and a treasury of pro tips that span prepping, making, and serving, as Ina says, "You don't have to be a pro to cook like one!"
Publisher: New York : Clarkson Potter/Publishers, [2018]
Edition: First edition.
Branch Call Number: 641.5 GARTE
Read more reviews of Cook Like A Pro at iDreamBooks.com
DT_kcls Apr 01, 2019
'Cook Like a Pro: Recipes and Tips for Home Cooks' is another beautiful book by Ina Garten.
The Cauliflower Toasts look and sound delicious as do the Parmesan Pesto Zucchini Sticks, both of which I will be making in the coming days.
I gave it 4 stars instead of 5 because I feel as is I've seen some of these recipes and hints from her before.
karenjm1962 Jan 12, 2019
This is a beautiful book, absolutely glorious photographs; includes a pro-tip for almost every recipe. It does seem, however, that we have seen many of these recipes before. Perhaps she does recycle her own recipes, and that's OK.... I copied only one recipe (Sauteed savoy cabbage with bacon).
debwalker Jul 23, 2018
Big cookbook releases coming in fall 2018. Love visiting the world of Ina Garten.
Barefoot Contessa (Store)
Cookbooks.


text:
Welsh v. Derwinski
ALTON & SOUTHERN RWY. CO. v. GRIMMING
Sinai v. New England Telephone and Telegraph Co.
MT. HEALTHY CITY SCHOOL DISTRICT BOARD EDUCATION v. DOYLE
97 S. Ct. 568 (1977) | Cited 5661 times
Woodman v. Haemonetics Corp.
Connell v. Bank of Boston and John S. Ingalls
924 F.2d 1169 (1991) | Cited 106 times
Acevedo-Diaz v. Aponte
1 F.3d 62 (1993) | Cited 123 times
BRANTI v. FINKEL ET AL.
100 S. Ct. 1287 (1980) | Cited 1182 times
United States v. Mottolo
John Real v. Hogan
Rivera-Cotto v. Rivera
Correa-Martinez v. Arrillaga-Belendez
Kauffman v. Puerto Rico Telephone Co.
RUTAN ET AL. v. REPUBLICAN PARTY ILLINOIS ET AL.
51 F.3d 1087 (1995) | Cited 130 times
Velez-Gomez v. Sma Life Assurance Co.
Moore v. Murphy
47 F.3d 8 (1995) | Cited 35 times
Aviles-Martinez v. Monroig
Casiano et al v. State Insurance Fund Corporation (SIFC) et al
Feliciano-Bolet et al v. PREPA et al
Torres-Perez et al v. Puerto Rico Electric Power Authority et al
Velazquez-Velez et al v. Molina-Rodriguez et al
Lopez-Erquicia v. Weyne-Roig et al
Acosta-Robledo v. Furiel Auto Corp. et al
Rodriguez-Cardona v. Questell-Alvarado et al
Ramirez-Nieves v. Municipality of Canovanas et al
Rivera-Cuevas et al v. Municipality of Naranjito et al
Legasey v. City of Worcester et al
Rosario Ramos et al. v. Municipality of Rio Grande et al.
Cardillo, Jr. v. Town of Stockbridge
Carrasco-Rodriguez et al v. Torres - Torres et al
Larou v. Ridlon
98 F.3d 659 (1996) | Cited 13 times | First Circuit | October 28, 1996
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE
[Hon. D. Brock Hornby, U.S. District Judge]
CYR, Circuit Judge.
Appellant Charles LaRou challenges the district court's summary judgment rulings rejecting his political discrimination claims against Cumberland County (Maine) Sheriff Wesley Ridlon. We affirm the district court judgment.
Approximately two years after LaRou joined the Cumberland County Sheriff's Department ("Department") in April 1989, he was designated "Lieutenant, Programs Coordinator" by Sheriff Ridlon. Previously, Ridlon had told LaRou that one of his new responsibilities would be to gather adverse information that might enable Ridlon to fire Sergeant Christopher Muse, whom Ridlon considered a political rival. 2 LaRou responded that he would keep his eyes open, but would not participate in a witch hunt. Despite repeated requests from Ridlon, LaRou reported no adverse information about Muse. Ridlon nevertheless appointed LaRou to a captaincy and made him the Administrative Aide responsible for inmate programs and officer training (Administrative Aide/Programs) in October 1991.In November 1993, however, all three captains in the Department, including LaRou, were reassigned to newly-created "shift commander" positions. The transfer memo stated that the shift commander assignments were to remain in effect until further notice. LaRou regarded his new night shift commander assignment as a temporary demotion, even though he had been relieved of all training program duties and a Ridlon political supporter had been appointed to succeed him as Administrative Aide/Programs. LaRou was never told that he would or would not be redesignated Administrative Aide/Programs.
In December 1993, Sergeant Muse first informed LaRou that he intended to run against Ridlon for the Democratic nomination for Sheriff. Although LaRou thereafter actively supported the Muse campaign, Ridlon ultimately won both the Democratic nomination and, on June 14, 1994, a second term as Sheriff.
In January 1995, while still serving as the night shift commander, LaRou saw a posting for the position of "Programs Manager," which he believed to be essentially identical to his previous position of Administrative Aide/Programs. LaRou promptly contacted the Cumberland County Personnel Manager, who advised that as far as Cumberland County was concerned LaRou was still the Administrative Aide/Programs. LaRou did not apply for the newly-posted position, however, because he felt that it remained his by right and that he was being forced out by Ridlon in retaliation for supporting Muse in the 1994 political campaign.
The district court rejected LaRou's retaliation claim relating to the November 1993 "demotion" to night shift commander as a "chronological impossibility," given the statement by Muse that LaRou had been the first person in the department whom he had told (in December 1993) about his plan to run for Sheriff, which was after LaRou's November 1993 "demotion" to night shift commander. 3 Second, the district court ruled that the retaliation claim based on the wrongful permanent elimination, in January 1995, of the Administrative Aide/Programs position previously held by LaRou, amounted to a mere restatement of the November 1993 retaliatory "demotion" claim, and hence was not actionable.
II. DISCUSSION
1. The Standard of Review
We review a grant of summary judgment de novo, Velez-Gomez, 8 F.3d at 874-75, and will affirm it if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). As a nonpolicymaking governmental employee, LaRou could only avert summary judgment on his political discrimination claim ÄÄ
by pointing to evidence in the record which, if credited, would permit a rational fact finder to conclude that the challenged personnel action occurred and stemmed from a politically based discriminatory animus.... Without more, a nonmoving plaintiff-employee's unsupported and speculative assertions regarding political discrimination will not be enough to survive summary judgment.
Rivera-Cotto v. Rivera, 38 F.3d 611, 614 (1st Cir. 1994) (citations omitted).
2. The 1993 Retaliation Claim
LaRou claims on appeal that Ridlon (i) knew Muse planned to oppose Ridlon in the 1994 primary, see supra note 2, (ii) Ridlon originally promoted LaRou with instructions to find grounds for dismissing Muse, and (iii) LaRou ultimately was "demoted" for failing to provide Ridlon with adverse information about Muse and for forming instead a successful working relationship with Muse. The 1993 retaliation claim fails, however, even assuming Ridlon caused LaRou to be "demoted" based on a retaliatory motive, since LaRou was engaged in no protected political activity at the time.The First Amendment protects nonpolicymaking public employees from discrimination based on their political beliefs or affiliation. Branti v. Finkel, 445 U.S. 507 (1980). See also Romero-Barcelo v. Hernandez-Agosto, 75 F.3d 23, 34 (1st Cir. 1996). The plaintiff-employee in a political retaliation case "must bear the threshold burden of producing sufficient direct or circumstantial evidence from which a jury reasonably may infer that [his] constitutionally protected conduct . . . was a `substantial' or 'motivating' factor behind" the adverse employment action taken by the defendant official. Acevedo-Diaz v. Aponte, 1 F.3d 62, 66 (1st Cir. 1993). The burden then shifts to the defendant official to articulate a nondiscriminatory basis for the adverse employment action, and prove by a preponderance of the evidence that the adverse action would have been taken regardless of any discriminatory political motivation. Id. See also Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287 (1977).
Under the Mt. Healthy burden-shifting analysis, LaRou's retaliation claim falters at the outset. In similar circumstances, see Correa-Martinez v. Arrillaga-Belendez, 903 F.2d 49 (1st Cir. 1990), we rejected a political discrimination claim that an administrator had been constructively discharged from the judicial branch of the Commonwealth of Puerto Rico due to his prior association with a former judge who held political views at odds with the defendant officials. We explained that
a politically charged atmosphere . . ., without more, provide[s] no basis for a reasonable inference that defendants' employment decisions about plaintiff were tainted by their disregard of plaintiff's first amendment rights. Absent a constitutionally protected aspect, a "close relationship" with a third party is insufficient . . . notwithstanding that consideration of the third party's political beliefs may have entered into the decisionmaking calculus.
Id. at 58 (citation omitted). As we stressed in Correa-Martinez, the plaintiff is required to show that "a causal connection exists linking defendants' conduct, as manifested in the adverse employment decision, to plaintiff's politics." Id. See also Aviles-Martinez v. Monroig, 963 F.2d 2, 5 (1st Cir. 1992) (plaintiff-employee must show causal connection between his political affiliation and the adverse treatment).
LaRou claims he was "demoted" to night shift commander because he did not abide by Ridlon's instructions to gather information which would enable Ridlon to fire Muse. LaRou does not claim, however, nor does the record indicate, that LaRou provided Muse with political support prior to his alleged "demotion" in November 1993. Although Ridlon and Muse had had political differences as early as 1990, as of November 1993 Ridlon and LaRou had not; and LaRou does not claim that he then knew Muse intended to oppose Ridlon. 4 Thus, for aught that appears in the record, LaRou's relationship with Muse in November 1993 was not political.LaRou himself asserts that he chose not to provide Ridlon with adverse information about Muse because he and Muse had developed a successful professional relationship, which resulted in many noteworthy advances in officer-training procedures. Conspicuously absent is any suggestion that LaRou was motivated by Muse's political plans, affiliation, or beliefs. 5 Since the record does not disclose that LaRou was engaged in any protected political activity, the alleged "demotion" in November 1993 did not give rise to a cognizable political discrimination claim even assuming Ridlon's adverse employment action was based on his political differences with Muse, and he took those differences out on LaRou. See Correa-Martinez, 903 F.2d at 58.
3. The 1995 Job Posting
LaRou attempts to assert a discrete retaliation claim in connection with the January 1995 posting of the "Programs Manager" position. Up until that time, LaRou says, he had believed that his November 1993 "demotion" to night shift commander was merely temporary, and that he would be returned to his former position some day. He adds that the position title was changed at the time of the posting in January 1995 to justify his final removal, and that his "permanent" loss of the position in 1995 was in retaliation for his support of Muse's 1994 bid for Sheriff. The 1995 retaliation claim nonetheless fails because LaRou was subjected to no cognizable adverse employment action as a result of the simple posting of the "Programs Manager" position in January 1995. See Connell v. Bank of Boston, 924 F.2d 1169, 1179 (1st Cir.), cert. denied, 501 U.S. 1218 (1991) 6 ("Most cases involving a retaliation claim are based on an employment action which has an adverse impact on the employee, i.e., discharge, demotion, or failure to promote."); see also Rutan v. Republican Party of Illinois, 497 U.S. 62, 75 (1990); Welsh v. Derwinski, 14 F.3d 85, 86 (1st Cir. 1994).
We first examine the particular retaliatory action relied upon by the plaintiff employee to determine whether it had the requisite adverse effect. Id.; cf. also Blackie v. State of Maine, 75 F.3d 716, 725 (1st Cir. 1996) (noting that "determining whether an action is materially adverse necessarily requires a case-by-case inquiry.") (Fair Labor Standards Act case). Even assuming, without deciding, that the generous definition of "adverse employment action" propounded in Blackie likewise applies here, LaRou cannot bring the present claim within it. 7 Under Blackie, LaRou might make out a retaliation claim were he to demonstrate that Ridlon had refused to promote (or transfer) him to the Programs Manager position posted in 1995, or refused to consider him for the position despite a duty to do so.
Although LaRou contends that the mere posting of the Programs Manager position in 1995 adversely affected his employment because at the time he still "believed" he would be returned to his prior position as Administrative Aide/Programs, he offers no evidence which would enable a rational trier of fact to find that this "belief" was based on anything but conjecture. Similarly, he proffers no evidentiary foundation for the stated belief that his transfer to shift commander in November 1993 was temporary.
LaRou baldly attests in his affidavit that he was told the transfer to shift commander was to be temporary, without identifying, either by name or position, the source of the hearsay statement. Thus, the unattributed statement is incompetent, see Fed. R. Civ. P. 56(e) (affidavit "shall set forth such facts as would be admissible in evidence"), since it is inadmissible hearsay, see Fed. R. Evid. 801(d)(2) (out-of-court statement offered for truth of matter asserted not hearsay if attributable to party-opponent or agent). See also Woodman v. Haemonetics Corp., 51 F.3d 1087, 1094 (1st Cir. 1995).
The only competent record evidence indicates that the November 1993 "demotion" was permanent. According to Frank Amoroso, Cumberland County Jail Administrator, the 1993 realignment of the three captains was part of an overarching plan. The Administrative Aide/Programs position was to be eliminated ÄÄ and with it one captaincy ÄÄ and replaced with a Programs Manager position. Moreover, Amoroso explained the plan to the three captains, including LaRou, at a staff meeting, and requested their input. Thus, LaRou proffers no competent evidence to remove the 1995 job posting claim from "the realm of speculative, general allegations." See Kauffman v. Puerto Rico Telephone Co., 841 F.2d 1169, 1173 n.5 (1st Cir. 1988).
LaRou asserts that he called the personnel director after seeing the Programs Manager position posting, and was told that, as far as Cumberland County was concerned, he was still the Administrative Aide/Programs. This statement cannot help LaRou, however, since he concededly knew that the newly posted Programs Manager position encompassed his former position of Administrative Aide/Programs, yet he elected not to apply for the newly posted position. In these circumstances, reliance on the personnel director's statement, indicating merely that no official change of status had been noted in LaRou's personnel file, is patently insufficient to generate a trialworthy issue.
Absent some competent evidentiary basis for the stated belief that the 1993 transfer was merely temporary, at the very least LaRou plainly bore the responsibility to apply for the posted position which he knew encompassed his former position. Failing which, we are at a loss to understand how the 1995 posting alone could be found to have been "retaliatory." Even assuming the newly posted position were LaRou's by right, he does not explain how Ridlon could be found to have acted out of a retaliatory motive simply in posting the position in 1995, absent any evidence that Ridlon knew LaRou claimed his former position or was interested in the newly posted position. Without such evidence, it was incumbent upon LaRou to alert the appropriate decisionmakers to his interest in, or claim to, the posted position. 8 Thus, LaRou failed to generate a trialworthy claim that Ridlon harbored an actionable retaliatory motive in posting the programs manager position in 1995.
Finally, given the unchallenged evidence that LaRou elected not to apply for the newly posted position in 1995, he cannot point to a plausible dispute that Ridlon engaged in an "adverse employment action" simply by posting the programs manager position. See Boarman v. Sullivan, 769 F. Supp. 904, 910-11 (D.Md. 1991); cf. also Sinai v. New England Tel. and Tel. Co., 3 F.3d 471, 474 (1st Cir. 1993), cert. denied, 115 S. Ct. 597 (1994) (Title VII); Sherpell v. Humnoke Sch. Dist. No. 5 of Lonoke Cty., 750 F.Supp. 971, 980 (E.D. Ark. 1990), aff'd, 985 F.2d 566 (8th Cir. 1991) (finding that "there could be no `adverse employment action' by defendant until plaintiff applied for a job") (Title VII discrimination and retaliation claims). We accordingly hold that the mere posting of a position does not constitute an "adverse employment action" even though the position posted is known to encompass a prior position from which the plaintiff was demoted or transferred, provided the plaintiff received proper notice of the posted position and elected not to apply.
The district court judgment is affirmed, without costs to either party.
1. The material facts in genuine dispute are related in the light most favorable to LaRou. Velez-Gomez v. SMA Life Assur. Co., 8 F.3d 873, 875 (1st Cir. 1993).
2. In 1990, Muse had gone to Ridlon and informed him that he planned to run against Ridlon in 1994.
3. We do not reach this ground.
4. At his deposition, LaRou was asked whether he and Muse had ever discussed Muse's political campaign prior to LaRou's "demotion" in November, 1993. After stating that it was "most likely" that such a conversation occurred, LaRou explained:
I was moved out in November of '93 and that was very early - very early. And if there was ever any mention of it, it certainly wasn't a strategic mentioning because there was no strategy at that time. That's very early. So there may have been a sideline comment, there may have been a joke made. I really couldn't say. Nothing jumps up at me of a conversation or anything, but I wouldn't doubt that it happened. It could have happened.
LaRou Dep. at 88.
5. In his affidavit, LaRou indicates that he undertook to scrutinize Muse's job performance for Ridlon, but later developed a close working relationship with Muse.
6. Although Connell involved ADEA claims rather than Section(s) 1983, its analysis is persuasive. The fundamental meaning of "adverse employment action" should remain constant regardless of the particular enabling statute, given their similar anti-discriminatory purpose. Indeed, in Blackie v. State of Maine, 75 F.3d 716, 725 (1st Cir. 1996), a case involving the Fair Labor Standards Act, this court observed generally that "[i]n a retaliation case, as in virtually any other discrimination case premised on disparate treatment, it is essential for the plaintiff to show that the employer took a materially adverse employment action against him."
7. In Blackie, we stated:
Typically, the employer must (1) take something of consequence from the employee, say, by discharging or demoting her, reducing her salary, or divesting her of significant responsibilities; or (2) withhold from the employee an accoutrement of the employment relationship, say, by failing to follow a customary practice of considering her for promotion after a particular period of service.
Id. (citations omitted).
8. Although LaRou claims to have sent a letter to the personnel director explaining why he was not applying for the newly posted position, it is not included in the record on appeal. See Real v. Hogan 828 F.2d 58, 60 (1st Cir. 1987)("If [the record] proves inconclusive, it is the appellant who must bear the brunt of an insufficient record on appeal."). See also Moore v. Murphy, 47 F.3d 8, 10-11 (1st Cir. 1995); United States v. Mottolo, 26 F.3d 261, 264 n.3 (1st. Cir. 1994).


Editors Note: This article contains spoilers!
I am not the biggest Star Wars fan on the planet. That honor probably belongs to a sixty-five year-old Norwegian woman who spent the last thirteen years getting plastic surgery to look exactly like Wedge Antilles in time for her grandson's Hoth-themed bar mitzvah. I can only guess. I do however still have a scar on my abdomen from using a breadknife as a lightsaber, while watching Return of the Jedi for the twentieth time, when I was around ten. So I have a little bit of galactic cred. I use phrases like, "What Star Wars means to me" in common conversation with no hint of irony. What follows are my first impressions of Rogue One: A Star Wars Story. In full disclosure I watched it with many friends in an amazing setting not to critique the film, but to enjoy it. That is probably how films are meant to be viewed. I am sure I will get a chance to pick it apart and ruin my sense of enjoyment at a later date, but for now I have to say that this was the best Star Wars experience of my adult life. I'll tell you why, along with some others things that popped into my head while watching.
My praise begins in the most neglected of places: the colon. Nope, not that one, the one that divides the title between Rogue One and A Star Wars Story. I love the Star Wars universe, but with every new episode the creative team bears a quite unbearable burden to represent the entire franchise and please all of the fans. I used to read books about the expanded universe to the point where I would pretend my biology class was set on a Star Destroyer under the command of Admiral Thrawn. You may be wondering who Admiral Thrawn was. He was a new guy! Totally not in the movies! I wanted to find out about all of the exciting things going on in the "Galaxy Far Far Away" that I hadn't already seen a billion times on a worn out VHS.
Making this film a one-shot story was exactly what I needed as a fan. Yes, it relates to major events in the universe, but it is not bogged down with constant tie-ins and relations to the other stories. The Galaxy is filled with different planets and species and droids. Why would all of the important ones be blood relatives? I finally get to watch characters who have never, and presumably will never, copulate with a Skywalker. That gave me an ability to actually invest myself in their story. I have a relationship with characters on screen, some more than others. I was adopted by the Skywalker family decades ago and for the last few years I don't look forward to our Thanksgiving dinners. Uncle Luke is always too busy to show, Uncle Han refuses to admit he isn't as cool as when he was my age, and every time Grandpa Vader says something racist we all try and pretend that he used to be a likable guy. Too much baggage, too many memories. I would prefer to ditch out on the family gatherings and chill with my new buddies from Rogue One for a little bit, take a break from the baggage. I am focusing mainly on the characters and story here, and someone with a better knowledge of score and cinematography can probably explain it better, but Rogue One does many things to distinguish itself as an individual aesthetically as well. The differences manifest in a number of ways, but one of my favorites is a direct answer to my biggest problem with The Force Awakens.
The Death Star matters. It is scary and intimidating and will exterminate every person you have ever cared about and your favorite pizza joint at the same time. In A New Hope, we get a sense of its scale when we see it destroy Alderaan. Ben Kenobi throws out a line about voices being silenced and we now know that the Force really does bind everyone together and we know that this makes Obi Wan a bit sad. Also, this is Princess Leia's planet, so it is probably going to be a strong motivator for her. She doesn't talk about it much though. Maybe it wasn't her favorite home planet. She probably had dual citizenship for diplomatic reasons but spent most of her time in the Space-Hamptons. So no real emotional effect there. Then we get a new Death Star. Recently we got an even bigger Death Star, but we don't call it the Death Star. This one blows up whole star systems of people we have never met and don't care about. The Death Star is not a plot device as much as it is a video game end boss. Every time you destroy it it will come back bigger and all you know is that the story isn't over till that thing blows up another time.
Rogue One fixes this problem in a couple ways. The first groundbreaking idea is that it shows us the victims. Not only are we worried about the main characters' survival (it's a standalone story, anyone could die), but we also understand that there are countless others who will be affected. During a mid-city battle scene we see Jyn Erso run through blaster crossfire to rescue a little girl and return her to her mother. If the Death Star destroys that city, those lives are ended. The Death Star does not just destroy planets, it ends the lives of people with thoughts and struggles and emotions just as valid as our protagonists. It is a weapon of mass destruction, and that is what weapons of mass destruction do. This thing takes away your family, takes away your home, and in this film it does it slowly. In an obvious parallel to nuclear war, there is an initial strike followed by a shockwave. Not everyone dies right away. You have time to say your last words to those around you, but will more than likely just hold each other in abject fear and hopelessness. The Death Star is absolute power being guided by the absolutely corrupt. Rogue One made a stupid laser-moon scary because it made it personal. The next time I watch A New Hope I am going to be imagining those poor people on Alderaan and just be grateful that they did not suffer as long as those who were massacred before them. They are part of the Force now, which is a great segue for anything Star Wars related, but especially my next point.
You don't have to be a Jedi to be guided by the force. I spent quite a bit of my youth wishing I was a Jedi. You are a space-wizard, and a space-knight! Dungeons and Dragons wouldn't let me be a wizard/knight, and that wasn't even in space. I have designed and drawn countless lightsabers; I put the "on" switch in the inside of the handle so you have to use the force to turn it on (my mission to make the Jedi Academy OSHA approved). The more specific the movies got about Jedi the mystery was removed and replaced by arbitrary rules and genetic profiling. The Jedi Council was boring and self-righteous. I no longer wanted in, and what was the point of the Force if you weren't a Jedi? Enter Chirrut Imwe. From the moment I heard of the character I was worried. Would he be an exiled Jedi? Would I be forced to listen to the same tired and overused Jedi clichés? Would his pivotal moment involve a lightsaber? Thank the Force no! He still represents an archetype, the blind samurai. I read somewhere (the bottom of a Snapple-cap?) that George Lucas was influenced by samurai movies when making the original trilogy. Our blind samurai is preternaturally efficient with a walking stick, and even uses a bow-caster as a visual callout to his Buddhist warrior influences. Instead of being the traditional wise yet stoic warrior/philosopher, he is just incredibly fun to watch. He smiles and jokes in the manner of someone who truly believes that things will work out the way they are meant to, and he has but a small part to play.
In the other films the Force is a source of power; something to be manipulated for the purpose of the "user" whether for good or for evil. Imwe's Force comes from faith, not manipulation. In the belief that all things are tied together and so his life is just a part of something much greater than anyone around him perceives. His faith, and the peace and courage it brings with it, are infectious. Those around him gain strength from the knowledge of the Force. The Force exists not as a tool to be used by the powerful, but as a light to bolster the courage of the meek. A New Hope gave us the Force as a religion, this is the first time that religion has been shown in a positive light. Faith and Belief (and wicked fighting skills) are not just for the Jedi, they are for us all.
The pens. Did I not know that everyone in Star Wars carries a lot of pens? Is that a thing? If it's a thing I feel like I should know it. They show Cassian talking into something that looked like a pen so I thought maybe they were communicators, but he doesn't put it in one of his special pen-pockets.
Saw Gerrera's conclusion did not seem to fit what they said about the character. He is too extreme even for the rebels, and survives only on hate for the Empire. Then he just sort of gives up. It's not that long a walk, Saw. I bet Saw Gerrera drives around the Walmart parking lot for like fifteen minutes just to save himself a twenty second walk.
I wanted the final scene where the plans are being handed from one person to another to go on much longer. Twenty straight minutes of Vader chopping through door after door with people just passing off the plans. To the point where he starts to get winded and then has to psych himself up and get back to it, but the frustration is obviously getting to him. I would watch that every day for the rest of my life.
Lastly, as is the case with every new major film to come out, there are a few disgruntled fans not representing the whole that have found an arbitrary reason to be personally offended. This time, the criticism is centered on the fact that the Star Wars franchise has chosen a female lead for their most recent two movies. Now I am not saying that overcasting of female leads in Hollywood is not a problem (yes I am, I so much am), but these movies are not the examples you are seeking. Character gender is not of major relevance in either film. If there was a scene in which one of the Rebel Alliance leaders said, "Sorry Miss Erso, but you can't fight a war with us. You are just a woman." and Jyn Erso wins their respect by proving that ladies can, in fact, do space stuff too, only then would gender be an issue. So would bad writing. That does not happen. It is almost as if these movies are less focused on our personal demographic preferences and more focused telling a story about space-wizards and aliens and sassy robots. You know, the way it should be.
It would be impossible to claim that this was my favorite Star Wars movie. So much of my enjoyment comes from the fact that the story is set in a world I already love. Imagine you are home for the Holidays and as you walk around all you can see are the things that led you to move away in the first place. Then you stumble on something new; a park, a bar, a bowling alley, it doesn't matter. You spend a few minutes in this place and realize that it could only exist in this town, with these people. It accentuates all of the feelings of nostalgia that unexpectedly creep up when people ask you about where you are from. It reminds you that no matter how much you may bad mouth the place you came from it will always be part of you, and so will the people. I got a bit of that from this film. I may get frustrated with the franchise, I may get tired of the oversaturation, but I can still be reminded that the galaxy is a big place and there is plenty I still haven't seen. I look forward to seeing more, even if it means having to make conversation with Han and Leia's angsty kid at the family reunion once a year.


text:
Power bill blowout to ease by $230 in Albanese deal
Phillip CooreyPolitical editor
Dec 9, 2022 – 6.26pm
The forecast blowouts in energy bills will be slowed drastically by 12-month caps to be imposed within days on black coal and gas, leaving the average household $230 less worse off than it otherwise would have been.
These "savings" for low- and medium-income households will be boosted by another 10 per cent as they will also be eligible for $3 billion in electricity bill discounts to begin in April next year.
Prime Minister Anthony Albanese wrangled a deal with the states to provide discounts to household energy bills paid via the states. AAP
The amounts and details of these discounts, to be co-funded by the states and the Commonwealth, will vary from state to state, in accordance with their electricity prices, and will be worked out over the summer by state and territory treasurers and energy ministers.
Prime Minister Anthony Albanese said the discounts would be administered by state governments in the form of reduced energy bills because this would help lower inflation, of which energy prices were a key driver.
If householders were given rebates, that would exacerbate inflation, he said.
Treasury sources said the combination of the $12 per gigajoule price cap on gas, the $125 per tonne cap on black coal, and the $3 billion in power bill assistance, would collectively reduce forecast inflation for 2023-24 from 4.2 per cent to 3.5 per cent.
Of this reduction, 0.5 percentage points come from the price caps.
"Extraordinary times call for extraordinary measures," said Mr Albanese after wrangling support from state and territory leaders at a meeting of the National Cabinet on Friday.
"We know with the Russian invasion of Ukraine, what we've seen is a massive increase in global energy prices.
"And because of Australia not investing in enough of our own energy assets, what we have is a vulnerability to those international price movements and that's placing pressure on businesses here but also on households."
The reaction to the package was mixed with manufacturers generally supportive while business groups and miners were wary of the level of intervention involved and the lack of a long-term solution.
Deal to slow the growth in power bills
The opposition noted that the package only slowed the growth in energy prices, and did not cut them, as Labor had promised before the election with a pledge to reduce the average household power bill by $275 by 2025.
Before the package was announced, Treasury had forecast electricity bills to jump by 20 per cent this financial year and 36 per cent next year, for a combined increase of 63 per cent.
As a result of the caps, the growth next year will be 23 per cent, still for a combined jump of 47 per cent over the two years.
That will be 10 per cent less again for those eligible for the discounts. Mr Albanese said these would be households that were currently eligible for other forms of Commonwealth assistance.
Gas bills, which the budget forecast would jump by 20 per cent this year and 20 per cent next year, for a combined increase of 44 per cent, are now expected to increase by 18 per cent this year and just 4 per cent next year, for a combined jump of 22.7 per cent.
Opposition Leader Peter Dutton said the only way to drive down prices in a sustainable, meaningful way was to add more supply into the market.
"We're going to look back in 12 months' time and realise this was a catastrophic decision made by a very bad government, a government that can't get the economic calls right," Mr Dutton said.
Parliament to be recalled on Thursday
Opposition Leader Peter Dutton has criticised the ALP over the power price deal announced after the national cabinet met on Friday afternoon. Nine News
"A government that is presiding over economic calls, which will see electricity prices go up, gas prices go up, and a situation where their mortgages continue to go up."
Speculation the deal would include an east coast gas reserve proved unfounded, but NSW Premier Dominic Perrottet announced he would fast-track the development of the Narrabri gas field, the gas from which Santos has pledged to the east coast domestic market.
The federal parliament will be recalled on Thursday to legislate the gas price cap and have it operational by Christmas. Queensland and NSW will legislate the coal cap.
NSW requested federal compensation for the coal generators who are selling on the spot market above the cap and will be out of pocket. Mr Albanese agreed.
Queensland was holding out because it owns its coal mines and power generators and makes enormous profits which return generous dividends to the government.
It already uses some of that dividend to send householders cheques to help with power bills.
Queensland demanded compensation for reduced dividends caused by the lower caps but instead was bought off with a pledge by Mr Albanese to use his off-budget, $20 billion rewiring the nation fund to invest in planned pumped-hydro infrastructure in the state.
"These are very good initiatives in regional Queensland. And of course, there will be further energy bill relief," said a placated Queensland Premier Annastacia Palaszczuk.
NSW said it was prepared to forego compensation for what will be about $100 million in lost royalties caused by the cap, so the money can be directed to consumers.
Sources said the household compensation was negotiated by NSW for NSW, but the other states demanded they receive something too.
States such as NSW which already have a rebate scheme for low-income earners will not pay any extra for the newly negotiated assistance but just combine it with Commonwealth assistance.
Assistance still inflationary
Economist Stephen Hamilton the Associate Professor of Economics at George Washington University, claimed the assistance would still be inflationary.
"Energy rebates, even if included in the bill, are expansionary fiscal policy," he said.
"They free up money that consumers can then spend on other things, and therefore increase aggregate demand. This makes the RBA's job harder, not easier. As a result, interest rates will be higher than they otherwise would have been.
Australian Industry Group chief executive Innes Willox, who pushed hard for gas price relief, said the measures were "far from perfect but on balance they are likely to help energy users in the near term and for years to come."
But Minerals Council of Australia CEO Tania Constable said: "This long-drawn-out political process, which only increased investment uncertainty in our economy, clearly highlights the complexities and vulnerabilities of the energy system.
"You don't fix the system by making it more complex. The solution is more supply, not more regulation."
A spokesman for Woodside said it was unclear how the measures would address energy reliability and affordability in eastern Australia.
"The uncertainty caused by the government's plan to impose a price cap in the eastern Australian gas market has already destroyed the confidence both buyers and sellers need in order to complete the transactions that will ensure energy supplies to households and businesses," the company contended.
Business Council of Australia chief executive Jennifer Westacott said the relief for business and households was welcome "but without careful management, the long-term consequences of dramatic intervention could end up making the problem much worse".
Phillip Coorey is the political editor based in Canberra. He is a two-time winner of the Paul Lyneham award for press gallery excellence. Connect with Phillip on Facebook and Twitter. Email Phillip at pcoorey@afr.com
Jim Chalmers
Peter Dutton
Dominic Perrottet
Annastacia Palaszczuk


Thanks to Dr Nassis for the invitation to write a guest post. What I'll present herein are some facts around performance in the heat, along with some practical strategies we can use to improve a player's performance and the effectiveness of play in such conditions. To begin, we should note that a hot environment is typically defined as an ambient/environmental temperature greater than 28°C. As noted by Tyler and colleagues (2013) in the most recent review on the topic, the 2022 FIFA World Cup will be held in Qatar, where the conditions are expected to exceed 40°C, so optimising cooling strategies has been highlighted as a research priority by a FIFA-endorsed panel of experts (Grantham et al. 2010). It's important therefore that collectively we are aware of the issues and strategies that can improve our player's football performance and well being in the heat.
Scientific background – Why do we get hot?
Remember that when we do any form of exercise, we convert our stored food energy (carbs and fat) into the mechanical energy needed for movement. This is a relatively inefficient process, whereby 75% of that energy conversion gets turned into heat. When it's cold out, that a good thing, as that metabolism keeps our body temperature up and processes working efficiently at the right temperature. But when exercise intensity is raised, and environmental temperature/humidity is high, the resultant can be a rate of heat gain that is greater than one's ability to lose the heat, leading to an increased core temperature. Normal core temperature sits around 37°C, and a typical exercising temperature is around 38°C. Interestingly, our brain doesn't typically let us exercise too much past 39-40°C. Studies show that once we get in this range, the brain sends stern signals for our body to reduce its efforts or stop altogether. And that's a good thing because it recognizes the grave danger beyond this point, including the possibility of death at just 43°C.
So the reduced performance that happens when we exercise in the heat is a protective mechanism. Our brain is saying to us, you're producing too much heat, and we need to reduce that intensity or you're going to harm us. This happens subconsciously. Despite our desire to go harder, our brain just won't let us. Everyone experiences this reduced work rate, even the very best players out there – they just might experience less of a decline due to their efficient use of energy, leanness, and greater ability to rid the heat.
But that begs the question; if performance is key, what can we do to better football performance for our players in hot conditions? The key practical points include heat acclimation, keeping cool before and during exercise, and shortening the warm-up.
It's always about the preparation. So it's probably not surprising that heat acclimatization is the most important thing you can do to better your performance in hot conditions. This means training in hot conditions in the days preceding the event in question. About the minimum you can get away with is 4 days, and an optimal time is considered to be more like 10 days, or longer if you can afford it. In these sessions, you should be aiming to get hot during training for time periods ranging from 45-90 minutes or longer per day, depending on the fitness of your players/club. Sitting in a sauna (20-40 min) post-training is a good alternate method if a hot training environment isn't possible.
As you spend accumulative days in the heat, for each consecutive day, your player's heart rate and core temperature tends to be lower for a given exercise intensity, and sweat rates are higher. One of the main things going on in the body to cause this to occur is a rise in the water portion of your blood, called your plasma volume. So exercise feels easier, and players perform better after a number of days in the heat.
You may have heard before that we're comprised of about 60% water (we're a water bath). So anything small we can do to either start cooler, or slow down the process of getting hot, tends to be conducive to bettering our exercise performance. Tyler et al. (2013) just published a meta-analysis on the topic in BJSM, and importantly showed that intermittent and prolonged exercise are improved with various cooling methods. Another recent review by Jones and colleagues (2012) highlight a number of effective ways you can go about lowering your body temperature before and during exercise, including cold water baths, hanging out in air conditioned rooms, wearing ice jackets, or drinking cold fluids or ice slushies. The main way these methods work is by increasing the amount of heat one can store before attainment of those aforementioned critical core temperatures. While all of these methods have shown some success, the only one that is usually of any practical benefit is the drinking of cold fluids and ice slushy concoctions before and during the game (Jones et al., 2012).
Figure 1. Likely mechanism of ice slushies effect on thermoregulation.
The ingestion of cold fluids and ice slushy prior to exercise in the heat has received much interest of late. Siegel et al. (2010) were the first to show how the ingestion of 7.5 g/kg (~500-600 ml) 30 min before running in the heat at threshold, significantly increased run time by 19%, or about 10 min compared with drinking cold (4°C) fluids. For any given time point, subjects felt cooler and perceived the exercise as easier. The authors speculated that it was added heat removal from the phase change (solid ice to liquid water) that created the additional heat sink and cooler temperatures. Another interesting finding from this study was that final core temperature was about 0.3°C higher at exercise completion, suggestive of the fact that the ingestion of ice slushy may exert its effect of improving exercise in the heat through the lowering of brain temperature, which could occur conductively due to the proximity of the mouth to the brain and associated arteries (Figure 1; Siegel & Laursen, 2012).
Due to both its effectiveness and practicality, ice slushy ingestion is a good means of precooling athletes prior to and during (i.e., at half time) exercise in the heat. It has been shown to be just as effective as cold water immersion (Siegel et al., 2012), and it is much easier to implement compared with cold plunge baths and ice jackets. Plus, you gain the added hydration effects once the ice turns to water.
Undoubtedly, some form of warm-up is going to better your football performance. However, when it's hot out, you run the risk of over-heating during your warm-up and storing too much of this heat before the game. Remember that starting at a lower body temperature will lower the time it will take for you to reach those critical, or very high core temperatures. Thus, if the temperature is hot, consider cutting your typical warm-up time in half.
You're going to get hot playing football this summer. The things you can do to improve your football performance in hot conditions include training in the heat in the days leading up to the competition (heat acclimatization), cooling yourself before the game and at half time using cold fluid or ice slushies, and shortening your warm-up. Remember that the coaches and support staff can get hot and bothered too, so similar advice holds true for the entire team to allow the best collective performance.
1) Prepare your team by training in the heat in the days leading into competition in hot environments (i.e., 4-10 days our, or longer). A 20-40 min sauna post-training is a good alternate method of heat acclimating if you can't train directly in the heat.
2) Get players to ingest about 7.5 g/kg (500ml) of ice slushy drink or ice cold fluids in the 30-40 min period prior to the game. This will allow them to be cooler before play (ice slushy lowers core temperature by about 0.3-0.5°C).
3) Abbreviate your warm-up duration and intensity by about 50%.
4) Drink another 300 ml (to thirst) of ice slushy during the half time break to get another small reduction in body heat content.
Follow this advice and keep your cool!
1. Grantham J, Cheung SS, Connes P, Febbraio MA, Gaoua N, González-Alonso J, Hue O, Johnson JM, Maughan RJ, Meeusen R, Nybo L, Racinais S, Shirreffs SM, Dvorak J. Current knowledge on playing football in hot environments. Scand J Med Sci Sports 2010;20(Suppl 3):161–7.
2. Jones PR, Barton C, Morrissey D, Maffulli N, Hemmings S. Pre-cooling for endurance exercise performance in the heat: a systematic review. BMC Medicine 2012;10:166.
3. Siegel R, Laursen PB. Keeping your cool: possible mechanisms for enhanced exercise performance in the heat with internal cooling methods. Sports Med. 2012;42(2):89-98.
4. Siegel R, Maté J, Watson G, Nosaka K, Laursen PB. Pre-cooling with ice slurry ingestion leads to similar run times to exhaustion in the heat as cold water immersion. J Sports Sci. 2012;30(2):155-65.
5. Siegel R, Maté J, Brearley MB, Watson G, Nosaka K, Laursen PB. Ice Slurry Ingestion Increases Core Temperature Capacity and Running Time in the Heat. Med Sci Sports Exerc. 2010;42(4):717-25.
Speed, agility, quickness (SAQ) training method: what's new?
Which is the most effective recovery method after a match?
Training load assessment in elite football players: should we trust what we read?
Effect of cold water immersion on long term adaptations: time to re-consider the practice?
How much science is enough?
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