Private rocket launch to space station delayed

The first test flight of a privately built robot space capsule to the International Space Station has been delayed to allow more time to prepare the vehicle, the spacecraft’s builder announced today (Jan. 16).

The unmanned Dragon space capsule, built by the California-based Space Exploration Technologies (SpaceX), was scheduled to launch toward the space station on Feb. 7, but the company has decided to postpone the flight to accommodate more engineering tests.

“In preparation for the upcoming launch, SpaceX continues to conduct extensive testing and analysis,” SpaceX spokesperson Kirstin Grantham said in an email statement. “We believe that there are a few areas that will benefit from additional work and will optimize the safety and success of this mission.”

A new launch date for the mission has not yet been announced, but SpaceX officials said the company is working with NASA to determine the best time for the test flight.

“We are now working with NASA to establish a new target launch date, but note that we will continue to test and review data,” Grantham said. “We will launch when the vehicle is ready.” [ Photos: Dragon, SpaceX's Private Spaceship ]

The launch of the Dragon capsule atop SpaceX’s own Falcon 9 rocket is expected to be a ?critical step for the private spaceflight industry. The mission is designed to test the vehicle’s ability to carry cargo to the station, and if successful, Dragon will be the first commercial spacecraft to rendezvous and dock to the orbiting outpost.

During the flight, the capsule will rendezvous with the complex, and members of the space station crew will grab the vehicle using the station’s robotic arm and attach it to the Earth-facing side of the outpost’s Harmony node. This process is similar to how visiting robotic Japanese cargo freighters are grappled and attached to the space station.

SpaceX’s planned flight is the second for the company under NASA’s Commercial Orbital Transportation Services (COTS) program. While this mission will test the Dragon capsule’s ability to rendezvous and dock to the space station, SpaceX is eventually planning to use a version of the vehicle to one day carry NASA astronauts and other paying customers to low-Earth orbit.

Last month, when NASA announced the original launch date, William Gerstenmaier, NASA’s associate administrator for the Human Exploration and Operations Mission Directorate, said that SpaceX would need to satisfy all of the agency’s safety requirements before being allowed to perform the demonstration flight.

The Dragon capsule launched on its maiden flight in December 2010 in what was SpaceX’s first test flight of the robotic vehicle. The spacecraft completed two orbits of Earth before splashing down in the Pacific Ocean. The historic mission marked the first time a commercial company launched and returned a capsule from space.

With the retirement of NASA’s space shuttle program, several commercial companies are vying to fill the cargo-carrying void left by the grounded shuttles. NASA’s COTS program is designed to foster the development of a new fleet of private spaceships that will deliver food, supplies and hardware to the space station.

As part of its partnership with NASA, SpaceX will receive up to $396 million for the successful completion of the milestones outlined in their Space Act Agreement.

Orbital Sciences Corp is another private company developing a cargo freighter under NASA’s COTS program. The company, based in Dulles, Va., is building its Cygnus spacecraft to carry supplies to the space station. Orbital will receive up to $288 million for the successful completion of their planned milestones, with the first Cygnus test flight expected in 2012.

You can follow SPACE.com staff writer Denise Chow on Twitter @denisechow. Follow SPACE.com for the latest in space science and exploration news on Twitter @Spacedotcom and on Facebook.

? 2012 Space.com. All rights reserved. More from Space.com.

Source: http://www.msnbc.msn.com/id/46015476/ns/technology_and_science-space/

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‘Glimmer of hope’ as divers blow holes in stricken ship

Six people are dead and 29 people remain missing in the wake of cruise ship Costa Concordia running aground Friday off Italy’s coast. Rock Center took a boat out to the partially sunken ship with an experienced yacht captain who said that the cruise ship’s captain was “completely irresponsible.” Crew members and passengers on the ship described the harrowing nightmare. Harry Smith reports.

?

By msnbc.com staff and news services

Updated at 5:58 a.m. ET:? Italian naval divers on Tuesday?used explosives to blow?holes in the hull of a cruise ship grounded off a Tuscan island to speed the search for 29 missing people. One official said there was still a “glimmer of hope” that survivors could be found.

Prosecutors, meanwhile, prepared to question the captain, who is accused of causing the wreck that left at least six dead and abandoning the Costa Concordia before all 4,200 people on board were safely evacuated when the vessel capsized Friday night.

NBC News reported that Captain Francesco Schettino had arrived at the courthouse in Grosseto, Italy.


Navy spokesman Alessandro Busonero told Sky TV 24 the holes will help divers enter the wreck more easily. “We are rushing against time,” he said.

The divers set four microcharges above and below the surface of the water, Busonero said. Television footage showed one hole above the waterline to be less than 6 feet in diameter.?

Published at 3:08 a.m. ET: A stricken Italian cruise liner shifted on its rocky resting place as worsening weather disrupted an increasingly despairing hunt for survivors and authorities almost doubled their estimate of the number of missing people to 29.

Video shot by a waiter inside the dining room of the capsized ship Costa Concordia shows scenes of chaos, moments after passengers became aware there was a problem. NBC’s Harry Smith reports.

As the Costa Concordia’s owners accused their captain of veering too close to shore in a “salute” to residents of a Tuscan island, the giant ship slid a little on Monday, threatening to plunge 500,000 gallons of fuel below the Mediterranean waters of the surrounding nature reserve.

The slippage forced rescuers to suspend efforts to find anyone still alive after three days in the capsized hull, resting on a jagged slope outside the picturesque harbor on the island of Giglio. Most of the 4,200 passengers and crew survived, despite hours of chaos.

Captain Francesco Schettino was arrested a day after the disaster and accused of manslaughter and abandoning the ship before all of the people were evacuated. Prosecutors say he also refused to go back on board when requested by the coast guard.

Rescue operations have been called off after the Costa Concordia slipped further into the sea. Rescue workers had to be plucked from the ship by helicopter. ITN’s Neil Connery reports.

Schettino was due to appear before magistrates for questioning on Tuesday morning.

An Italian Coast Guard official, Marco Brusco, said late Monday that the number of people missing had been revised up to 29 — 25 passengers and four members of staff — from 16, showing how much uncertainty still surrounded the disaster

He didn’t explain the jump, but indicated 10 of the missing are Germans.

‘They were really excited’
Two Americans are also among the missing. Jerry and Barbara Heil live in White Bear Lake, a suburb of about 25,000 people 15 miles outside St. Paul, Minn.

Sarah Heil, their daughter, told WBBM radio in Chicago that her parents had been looking forward to their 16-day vacation.

Off the Tuscan coast of Italy, search and rescue efforts resumed Monday along the capsized cruise liner, three days since the ship struck rock and flipped on its side, with more than 4,000 people on board. NBC’s Michelle Kosinski reports.

“They raised four kids and sent them all to private school, elementary to college, so they never had any money,” Sarah Heil said. “So when they retired, they went traveling. And this was to be a big deal ? a 16-day trip. They were really excited about it.”

Brusco said there was still “a glimmer of hope” there could be survivors on parts of the vast cruise liner that have yet to be searched. The last survivor, a crewman who had broken his leg, was rescued on Sunday.

Luciano Roncalli, a senior firefighter, told Reuters that all the unsubmerged areas of the liner had been searched.

Environment Minister Corrado Clini said he would declare a state of emergency because of the risk that the ship’s fuel would leak into the pristine Tuscan Archipelago National Park. No fuel spillage has been detected so far, he said on an Italian television show on Monday evening.

Should rougher seas dislodge the wreck and cause it to sink or break up, that could scupper any hopes for the owners, a unit of Florida’s Carnival Corp., of salvaging a liner which cost hundreds of millions of dollars to build just six years ago.

Regardless of the waters they’re operating in, cruise ships are governed by a series of international maritime treaties that set standards for everything from evacuation procedures to emergency crew training. NBC’s Tom Costello reports.

Investigators say the ship was far too close to the shore and its owners, Costa Cruises, said the captain had carried out the rash maneuver to “make a bow” to people on Giglio island, who included a retired Italian admiral.

Schettino denies charges of manslaughter.

The father of the ship’s head waiter told Reuters that his son had telephoned him before the accident to say the crew would salute him by blowing the ship’s whistle as they passed close by Giglio, where both the waiter, Antonello Tievoli, and his 82-year-old father Giuseppe live.

Costa Cruises chief executive Pier Luigi Foschi on Monday blamed errors by Schettino for the disaster. He told a news conference the company would provide its captain with any assistance he required. “But we need to acknowledge the facts and we cannot deny human error,” he added.

More from msnbc.com and NBC News:

Msnbc.com staff, Reuters and The Associated Press contributed to this report.

Source: http://overheadbin.msnbc.msn.com/_news/2012/01/17/10171694-glimmer-of-hope-as-divers-blow-holes-in-stricken-ship?chromedomain=worldnews

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Original Yellow Wiggle rejoins Australian band

FILE – In this June 28, 2006 file photo, Australian children’s entertainers The Wiggles make a special appearance at the Australian High Commission in London. The Yellow Wiggle Greg Page, rear right, announced Wednesday, Jan. 18, 2012 that he is immediately rejoining founding members Anthony Field (Blue Wiggle), Murray Cook (Red Wiggle), and Jeff Fatt (Purple Wiggle), five years after he left the group because of illness, to produce new CDs and DVDs before touring Australia, United States and Britain beginning in March. (AP Photo/Christopher Pledger, File)

FILE – In this June 28, 2006 file photo, Australian children’s entertainers The Wiggles make a special appearance at the Australian High Commission in London. The Yellow Wiggle Greg Page, rear right, announced Wednesday, Jan. 18, 2012 that he is immediately rejoining founding members Anthony Field (Blue Wiggle), Murray Cook (Red Wiggle), and Jeff Fatt (Purple Wiggle), five years after he left the group because of illness, to produce new CDs and DVDs before touring Australia, United States and Britain beginning in March. (AP Photo/Christopher Pledger, File)

(AP) ? The Yellow Wiggle is back. The original lead singer of the world-famous preschool entertainment band The Wiggles has made a surprise return, five years after he left the group because of illness.

Greg Page announced Wednesday that he is immediately rejoining founding members Anthony Field (Blue Wiggle), Murray Cook (Red Wiggle) and Jeff Fatt (Purple Wiggle) to produce new CDs and DVDs before touring Australia, United States and Britain beginning in March.

“I’m feeling great and looking forward to doing what I love,” the 40-year-old said in a statement.

A rare nervous system disorder, dysautonomia, forced Page to retire in 2006. He handed over his yellow shirt to longtime understudy Sam Moran and became a spokesman for the Dysautonomia Youth Network of America.

Moran will now leave the band he has toured with for nine years.

“I am very proud of my five years as the Yellow Wiggle and the group’s continued success with me as their lead singer,” Moran said in a statement.

“I have enjoyed every minute of my nine years touring with the group, but I now look forward to new opportunities and more time to spend with my wife and 2-year-old daughter,” he added.

Page, Field and Cook had studied early childhood education before they founded The Wiggles in Sydney in 1991. The band has sold more than 23 million DVDs and 7 million CDs worldwide, and its TV shows are broadcast in more than 100 countries, according to The Wiggles’ website.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/4e67281c3f754d0696fbfdee0f3f1469/Article_2012-01-17-AS-Australia-Wiggles/id-6fe7af43a79b48c58334fea070d2e16f

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Pediatricians Split on Heart Tests Before Kids’ ADHD Meds (HealthDay)

MONDAY, Jan. 16 (HealthDay News) — Some pediatricians continue to do electrocardiograms (EKGs) on children before starting them on medication for attention-deficit hyperactivity disorder, new research suggests, even though many experts say the latest evidence shows it isn’t really necessary.

Several years ago, reports of sudden death, heart attack and stroke among children and adults taking stimulants to treat ADHD caused alarm among parents and health care providers about the safety of the medications.

The reports prompted Canadian health authorities to briefly pull Adderall from the market in 2005, while the U.S. Food and Drug Administration now requires that ADHD drugs carry a “black box” label warning about potential heart risks.

Further research suggested that the risk may only be to children who had underlying heart defects, such as some congenital abnormalities and arrhythmias. On Adderall, for example, the warnings now read: “Sudden death has been reported in association with CNS [central nervous system] stimulant treatment at usual doses in children and adolescents with structural cardiac abnormalities or other serious heart problems.”

A few years ago, the American Heart Association stated that it would be “reasonable” to give kids EKGs, which look for abnormalities in the heart’s electrical activity, before starting them on stimulant medication.

But in 2008, the American Academy of Pediatrics (AAP) issued a policy statement saying that routine EKGs prior to starting kids on ADHD medications wasn’t necessary.

“A lot of pediatricians started doing EKGs, and then when the AAP said it didn’t agree with that, pediatricians scaled back,” explained Dr. Andrew Adesman, chief of developmental and behavioral pediatrics at Steven & Alexandra Cohen Children’s Medical Center of New York.

And two major recent studies have found no hearts risk associated with ADHD medications. In a study published last November in the New England Journal of Medicine, researchers concluded that medications such as Ritalin, Adderall and Concerta don’t raise the risk of sudden death, heart attack or stroke in children and young adults.

In the study, researchers from Vanderbilt University and colleagues analyzed data on 1.2 million children and young adults aged 2 to 24 enrolled in four large health plans around the United States.

And a study published last December in the Journal of the American Medical Association analyzed data on more than 150,000 young and middle-aged adults taking one of several ADHD drugs and found no added risk of heart attack, sudden cardiac death or stroke, even among people with a family history of heart disease.

“The recent data suggests there is no increase in sudden cardiac death or any need for cardiac monitoring, provided there is no history of heart disease in the patient and no family history of heart disease,” said Dr. Victor Fornari, a professor of psychiatry at Hofstra North Shore-LIJ School of Medicine, in New York.

The current research, published in the February issue of Pediatrics, surveyed 525 U.S. pediatricians about their ADHD prescribing practices.

The vast majority of physicians said they did a routine medical history and physical before putting kids on stimulants to treat ADHD.

Less than half (48 percent) did a more in-depth cardiac history and physical, which is recommended by the AAP.

About 15 percent also ordered an EKG to look for abnormal heart rhythms. The most common reason for continuing to do EKGs was that it was the “prevailing practice” where they worked.

“Pediatricians have a very variable attitude toward the safety and efficacy of these medications,” Fornari said. “Even though there is no evidence base to suggest continued cardiac screening, there persists this lingering attitude among physicians that ‘I’m not comfortable unless I do it’.”

And even many children with underlying heart issues are safely taking ADHD medications, Adesman said.

“Most children with underlying heart problems are likely still eligible to be treated with stimulants once the family, the pediatrician and a consulting pediatric cardiologist agree that it’s justifiable and safe,” Adesman said.

He added: “There are only a few very specific, relatively uncommon cardiac problems where one would be hesitant to use a stimulant.”

The survey also found nearly half (46 percent) of pediatricians said they also discussed stimulant-related heart risks with parents. In most situations, making sure families are fully informed of any risks is good practice, Fornari said. But given how little evidence there is that ADHD medications pose heart risks to children, in this situation those conversations may be causing unnecessary worry and deterring some families from trying stimulants.

Almost 3 million children in the United States take prescription medications for ADHD each year. Children with the neurobehavioral disorder have excessive levels of activity, inattention and impulsiveness.

More information:

The U.S. National Institute of Mental Health has more on ADHD.

Source: http://us.rd.yahoo.com/dailynews/rss/health/*http%3A//news.yahoo.com/s/hsn/20120116/hl_hsn/pediatricianssplitonhearttestsbeforekidsadhdmeds

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Father of Calif. killings suspect is also homeless

Itzcoatl Ocampo’s dress uniform, government military photo, dog tags and a religious medallion that went to war with him lie on display at Ocampo’s home in Yorba Linda, Calif., Sunday, Jan. 15, 2012. Ocampo, 23, who saw combat duty in Iraq, has been named as a suspect in a series of killings of homeless men in Orange County, Calif. Family members declined to be photographed. (AP Photo/Reed Saxon)

Itzcoatl Ocampo’s dress uniform, government military photo, dog tags and a religious medallion that went to war with him lie on display at Ocampo’s home in Yorba Linda, Calif., Sunday, Jan. 15, 2012. Ocampo, 23, who saw combat duty in Iraq, has been named as a suspect in a series of killings of homeless men in Orange County, Calif. Family members declined to be photographed. (AP Photo/Reed Saxon)

This Dec. 2011 photo provided by the family shows Itzcoatl Ocampo, a former Marine who saw combat in Iraq, in Yorba Linda, Calif. Ocampo has been named, Jan. 15, 2012, as a suspect in a series of killings of homeless men in Orange County, Calif. (AP Photo/Ocampo Family)

This photo provided by the Anaheim Police Dept. shows Itzcoatl Ocampo. Investigators are “extremely confident” that Ocampo a man in their custody is responsible for all four recent killings of homeless men in Orange County, Anaheim Police Chief John Welter said Saturday, Jan. 14, 2012. (AP Photo/Anaheim Police Dept.)

In this photo provided by the family, Itzcoatl Ocampo, a former Marine who saw combat in Iraq, stands at left with an unidentified person in this electronic device photo during a 2011 visit to the Richard Nixon Library and Birthplace in Yorba Linda, Calif., seen at the family’s Yorba Linda home Sunday, Jan. 15, 2012. Ocampo has been named as a suspect in a series of killings of homeless men in Orange County, Calif. (AP Photo/Courtesy Ocampo Family

A relative holds a government military photo of Itzcoatl Ocampo, a former Marine who saw combat in Iraq, in Yorba Linda, Calif., Sunday, Jan. 15, 2012. Ocampo has been named as a suspect in a series of killings of homeless men in Orange County, Calif. (AP Photo/Reed Saxon)

(AP) ? Just days before being arrested, a Marine veteran suspected in the deaths of four homeless men in Southern California visited his father, who is himself homeless, warning of the danger of being on the streets and showing him a picture of one of the victims.

“He was very worried about me,” Refugio Ocampo, 49, told The Associated Press on Sunday. “I told him, ‘Don’t worry. I’m a survivor. Nothing will happen to me.’”

The father also said his son came back a changed man after serving in Iraq, expressing disillusionment and becoming ever darker as his family life frayed and he struggled to find his way as a civilian.

The father said he lost his job and home, and ended up living under a bridge before finding shelter in the cab of a broken-down big-rig he is helping repair.

His 23-year-old son, Itzcoatl Ocampo, is awaiting charges in connection with the serial killings of four homeless men since late December.

He was arrested Jan. 13 after a locally known homeless man, John Berry, 64, was stabbed to death outside a Carl’s Jr. restaurant in Anaheim. Bystanders gave chase, and police made the arrest.

Refugio Ocampo said that on Jan. 11 his son came to him with a picture of the first victim, 53-year-old James Patrick McGillivray, who was killed on Dec. 20.

“‘This is what’s happening,’” the father quoted his son as saying.

Itzcoatl Ocampo had been living with his mother, uncle, and younger brother and sister in a rented house on a horse ranch surrounded by the sprawling suburbs of Yorba Linda. At the humble home, his mother, who speaks little English, tearfully brought her son’s Marine Corps dress uniform out of a closet and showed unit photos, citations and medals from his military service.

The son followed a friend into the Marine Corps right out of high school in 2006 instead of going to college as his father had hoped. Itzcoatl Ocampo was discharged in 2010 and returned home to find his family in disarray, the father said.

That same month, Itzcoatl Ocampo’s friend, Cpl. Claudio Patino IV, 22, of Yorba Linda, was killed in combat operations in Helmand province, Afghanistan.

“Once he received the news he was never the same,” said the suspect’s younger brother, 17-year-old Mixcoatl Ocampo. He said his brother visited Patino’s grave twice a week.

Refugio and Mixcoatl both described a physical condition Itzcoatl suffered in which his hands shook and he suffered headaches. Medical treatments helped until he started drinking heavily, both said.

“He started drinking like crazy, too much, way too much,” the father said.

A neighbor who is a Vietnam veteran and the father both tried to push Itzcoatl to get treatment at a Veterans hospital, but he refused. Refugio Ocampo said he wanted his son to get psychological treatment as well.

“He started talking about stuff that didn’t make any sense, that the end of the world was going to happen,” he said.

While Refugio Ocampo lives away from his family, they remain close. He saw his children every day, and his wife brings food to the parking lot where the truck is located in the city of Fullerton. He and his two sons went to get haircuts together just a day before the arrest, the father said.

Refugio Ocampo, who said he was educated as a lawyer in Mexico, immigrated with his wife and Itzcoatl in 1988 and became a U.S. citizen. He described building a successful life in which he became a warehouse manager and bought a home in Yorba Linda. In the past few years he lost his job, ran out of savings, lost his house and separated from his wife.

Standing near the truck where he sleeps, the father fought back tears as he described the changes he saw in his son in the year since returning home.

“Before, he had the initiative to do things, the desire. But after the military, he didn’t have any of that,” he said.

That was far from the son who in high school was a polite and motivated student, he said.

A school friend, Brian Doyle, portrayed Itzcoatl Ocampo as a fun-loving teen who liked to hit on girls when he joined the military. After he was discharged and returned home he became isolated and trusted no one, Doyle, 23, said in an interview with The Associated Press.

Doyle had difficulty describing the change he saw in his friend from high school.

“He went from being a tall, geeky kid, really fun-loving…,” he said, trailing off.

Doyle said he once offered his friend a self-help book based on Eastern philosophy that he had found useful but Itzcoatl Ocampo rejected it.

Doyle said he tried to find out what was going on with his friend but didn’t press it, never imagining something like the serial killings.

“Everyone’s got their issues, you know,” he said.

Refugio Ocampo said investigators came to him on Friday night and showed him surveillance photos from a crime scene, but he did not recognize his son as the person in the images.

“If he did it, it wasn’t right, obviously. But there’s something wrong with him,” he said.

In addition to Berry and McGillivray, Lloyd Middaugh, 42, was killed near a riverbed trail in Anaheim on Dec. 28; and Paulus Smit, 57, was found dead outside a Yorba Linda library on Dec. 30.

Anaheim Police Chief John Welter has said investigators are confident they have the man responsible for the string of murders that struck fear into Orange County’s homeless since Dec. 20. Prosecutors have yet to file charges.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2012-01-16-Homeless%20Homicides/id-860b0c30e1c544f7ac1abaf6b828a373

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CES 2012: Automotive round-up

It’s always a nice break from ultrabooks, smartphones and massive OLED TVs to catch a glimpse of the new auto tech that will be rolling out in the months to come. This year’s focus at CES was infotainment and software add-ons for a handful of manufacturers and models. Sure, the plug-in Fusion was a highlight, but for the most part, the emphasis on on-board screens and content delivery while you’re blazin’ down Route 66. Read on for some highlights from the week that was.

Continue reading CES 2012: Automotive round-up

CES 2012: Automotive round-up originally appeared on Engadget on Sat, 14 Jan 2012 08:17:00 EDT. Please see our terms for use of feeds.

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Ricky Gervais keeps Golden Globe targets under wraps (Reuters)

LOS ANGELES (Reuters) ? Ricky Gervais said on Friday he has already come up with jokes against “specific targets” for his weekend Golden Globes Award hosting gig — and that he will stand by every gag.

But the comedian said he had felt no enmity with any of the A-list Hollywood stars who will be attending Sunday’s televised awards dinner and ceremony, and knew no-one who was upset by his acerbic comments last year.

“I know what I’m going to say outside the odd ad lib. I can justify it. I stand by it as I do every joke I did last year,” Gervais told television reporters.

But he kept mum about which celebrities would feel his acid tongue on his third stint at hosting the Golden Globes. Angelina Jolie, Brad Pitt, George Clooney and Meryl Streep are among the nominees and are expected to attend.

“I have specific targets. I’ve written the gags, although targets isn’t the word I’d use — subjects maybe.

“I’ve got nothing against anyone in the room, I’ve worked with many of them, I like many of them, I admire most of them. They’re just gags. I’m not trying to hurt anyone’s feelings or give them a bad name or undermine the moral fabric of America. I’m a comedian, I rather they laugh than gasp but I’ll cherish the laughs along with the gasps,” he said.

Gervais said he didn’t think his jokes last year offended any of the movie and TV stars he made fun of. He has since worked with Johnny Depp, whose film “The Tourist” Gervais ridiculed last year.

“I don’t know anyone who was outraged last year, because everyone I spoke to who I made a joke about was cool about it,” he said.

Gervais, who created the TV mockumentary “The Office”, was invited to host the Golden Globes for a third time despite organizers saying last year he would never be invited back.

(Reporting By Piya Sinha-Roy: Editing by Jill Serjeant)

Source: http://us.rd.yahoo.com/dailynews/rss/tv/*http%3A//news.yahoo.com/s/nm/20120113/tv_nm/us_rickygervais_goldenglobes

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Video: BMW Investment in South Carolina Plant

CNBC’s Phil LeBeau has the details on BMW’s plans to open a plant in South Carolina that would cost nearly $900 million.

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Supreme Court to hear case of dream home quashed by EPA (The Christian Science Monitor)

Washington ? The US Supreme Court on Monday is set to hear a case involving the Environmental Protection Agency that some property-rights advocates and business groups say is an example of how onerous federal regulations are spreading throughout the country.

The case examines whether an Idaho couple may seek the help of a federal judge to decide a dispute with the EPA over whether the lot they purchased for a planned dream home is a federally-regulated wetland.

Environmental groups say the couple could have avoided the agency action by working with government officials rather than fighting them.

How much do you know about the Constitution? A quiz

Chantell and Michael Sackett purchased a 0.63-acre lot for $23,000 in 2005 to build a home near scenic Priest Lake in Idaho. After obtaining local permits in 2007, the couple began grading the property with soil and rock in preparation for construction of a three-bedroom house.

But the project came to a halt after EPA officials arrived at the site and informed the Sacketts that the property was a wetland. The regulators said the couple???s efforts to grade the land constituted a form of pollution under the federal Clean Water Act.

The Sacketts disagreed with the ???wetlands??

The EPA responded by issuing a ???compliance order,??

Fine of $37,500 a dayThe restoration would cost an estimated $27,000, according to the Sacketts. The EPA added a potent incentive ??? the Sacketts would be fined $37,500 each day the couple failed to bring the property within compliance of the EPA order.

The Sacketts asked the EPA to conduct an administrative hearing to examine whether the property really was a ???wetland??

That???s when the Sacketts took their case to federal court, hoping a district judge would conduct a hearing to determine whether the EPA had jurisdiction over their land.

The judge threw the case out. A panel of the Ninth US Circuit Court of Appeals also dismissed the case.

The courts ruled that since the EPA action was merely an administrative order, and not final action by the agency, the Sacketts could not file a federal lawsuit until the agency took enforcement action against them.

The case is important because it raises a question about the scope of federal regulation under the Clean Water Act and what recourse, if any, land owners have once they are threatened with potentially bankrupting administrative orders.

Lawyers for the Sacketts are asking the court to decide whether they are entitled to take their dispute to a federal judge, and if not, whether the agency action violates the Sacketts??? constitutional right to due process.

A $200,000 solution?One solution suggested by the appeals court was that the Sacketts could apply for a federal permit. If the permit was denied, they could then appeal the denial in federal court.

But lawyers for the Sacketts say this would only allow the Sacketts to challenge the permit determination, not the underlying compliance order. The regulations require the Sacketts to resolve the compliance order before applying for a permit.

Estimates are the permit process could take years and cost as much as $200,000.

?The compliance order has deprived the Sacketts of the only permitted economically viable use of their property,? wrote Damien Schiff, a lawyer with the Pacific Legal Foundation, a conservative public-interest law firm that is representing the Sacketts.

?The Sacketts have been afforded no review of the compliance order, but instead have been kept in a state of limbo and uncertainty, never knowing if or when EPA will bring an enforcement action or whether they will ever obtain meaningful review of the compliance order,? Mr. Schiff said in his brief.

Solicitor General Donald Verrilli, representing the EPA and the Obama administration, said EPA administrative orders are not subject to judicial review.

Why a compliance order is differentA compliance order is a way for federal officials to give regulatory guidance to a property owner and encourage voluntary compliance with the agency?s request, he said.

?Courts have widely recognized that, when agencies issue such communications, a recipient who disagrees with the government?s legal or factual assessments generally has no right to immediate judicial resolution of the disagreement,? Mr. Verrilli wrote.

If they had sought a permit before filling the land, then they could have obtained judicial review of the EPA?s permit determination without facing the risk of fines, the government brief says.

For their part, the Sacketts maintain that there are no wetlands on their lot and that the EPA lacks jurisdiction to file its administrative order against them.

?In this case, the original compliance order was issued in November 2007, and since that time the Sacketts have been afforded no review. There is no post-issuance administrative process and no judicial process that the Sacketts can initiate,? Schiff said in his brief.

?The process that produces the order is entirely secret, with no notice given to property owners like the Sacketts,? he added. ?There is not even a ?probable cause?-type hearing.?

No one else to blame?Government lawyers say the Sacketts have no constitutional right to an immediate judicial review of an EPA compliance order. They say that despite government threats, no penalties are actually assessed against a noncompliant party until a federal judge determines that a violation has occurred.

In a recent blog, Larry Levine of the Natural Resources Defense Council said the Sacketts had only themselves to blame for their administrative troubles. ?They chose to cut corners, and when they got caught, they blamed the EPA,? Mr. Levine wrote.

?The [Sacketts say] they had no reason to believe their property included a wetland and, therefore, never sought a wetland permit,? Levine said. ?Yet, in documents secured through the Freedom of Information Act, Chantell Sackett herself described her property as including wetlands and being surrounded by wetlands on three sides.?

The case is Sackett v. EPA (10-1062). A decision is expected by next summer.

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Source: http://us.rd.yahoo.com/dailynews/rss/environment/*http%3A//news.yahoo.com/s/csm/20120109/ts_csm/446702

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