Do you Subscribe to Expedition News? You Should!
Posted: May 15, 2015 Filed under: Uncategorized | Tags: Blumenfeld, Blumenfeld and Associates, Expedition News, Explore, Inc., x, y, z Leave a comment
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Looking for a great job? Denver Zoo is hiring for Research North American Bison Issues
Posted: May 13, 2015 Filed under: Uncategorized | Tags: Denver Zoo, Internship, Job, Summer Intern, Summer Job, x, y, z, Zoo Leave a commentDenver Zoo’s Department of Conservation and Research has a growing human dimensions of wildlife research program focused on documenting the social contexts for plains bison (Bison bison) conservation and reintroduction across the Rocky Mountain West. We seek highly qualified and motivated graduate students in conservation social science-related fields to apply for the following two internships:
Internship #1: American Icons in a Metropolitan Grassland – Understanding People, Place and Bison Conservation in Denver, CO
This internship advances the mission of Denver Zoo by assisting with a research study that examines the social meanings of and visitor experiences with bison conservation in metro Denver, Colorado. Using survey and interview research, the study will examine metro Denverites’ knowledge about, attitudes towards and experiences with bison conservation generally, and with three of metro-Denver’s conservation bison herds specifically. The research intern will work 20 hour per week to conduct structured visitor intercept interviews in the field, and, as time permits, assist with public opinion survey design. The internship dates are June 15 – October 16, 2015 (final dates based on hire availability).
Internship #2: Creating Sustainable Futures for People, Animals and the Environment – The Human Dimensions of Bison Reintroduction in Northern Colorado
This internship advances the mission of Denver Zoo by assisting with a collaborative and interdisciplinary One Health study funded by Colorado State University (CSU), which will document the effects of bison reintroduction in Northern Larimer County, Colorado on human, animal and ecological health. The research intern will work 20-30 hours per week at Soapstone Prairie Natural Area (near Fort Collins, CO) to collect data about the ways in which the planned bison reintroduction may affect the visitor experience, recreational use patterns and place attachment through visitor intercept interviews, trail monitor data collection and the distribution of handheld GPS units to track visitor trail use patterns. The internship dates are June 15 – October 16, 2015 (final dates based on hire availability).
Please apply through Denver Zoo’s job portal at: http://www.denverzoo.org/jobs-internships
Closing Date for both internships: May 22, 2015
Rebecca Garvoille, Ph.D.
Postdoctoral Research Fellow, Department of Conservation Biology
Denver Zoo | 2300 Steele St. | Denver, CO | 80205
(Office) 720.337.1676
(Cell) 954.330.7412
(Fax) 720.337.1406
Snow Peak Recalls Japanese Axe Due to Laceration and Impact Hazards
Posted: May 7, 2015 Filed under: Uncategorized | Tags: Consumer Product Safety Council, CPSC, Ice Axe, Japanese Axe M, Recall, Snow Peak Leave a commentName of Product: Japanese Axe M
Hazard: The handle of the axe can crack, allowing the axe head to come loose, posing a laceration or impact hazard to the user or bystanders.
The axe handle cracks: http://www.cpsc.gov/en/Recalls/2015/Snow-Peak-Recalls-Japanese-Axe/
Remedy: Replace
Consumers should immediately stop using the recalled Japanese Axe M and return it to the Snow Peak’s Portland retail store or contact Snow Peak for a free replacement axe.
Consumer Contact: Snow Peak toll-free at (855) 407-8390 from 9 a.m. to 5 p.m. PT Monday through Friday, email at recall@snowpeak.com or online at http://www.snowpeak.com and click on the recall poster for more information.
Recall Details
Units: About 220
Description: The recalled Japanese Axe M has item number R-061 printed on the back page of the included manual. The black axe head measures 5-3/4 inches high by 4 inches wide and weighs 2 pounds. The axe handle measures 14 inches long and is made of a light colored maple. A small black snow flake (asterisk) is burnt into the handle near the hole at the end of the handle. The handle has a small hole near the end, which is used for hanging the axe. The axe was sold with a white leather holder for the axe head that attaches with a snap strap.
Incidents/Injuries: None reported.
Sold at: Outdoor equipment retail stores including Adventure 16, Backcountry Gear LTD, Camp Saver, Snow Peak Portland Store, UTE Mountaineer, and online at http://www.snowpeak.com from December 2013 through August 2014 for about $160.
Importer: Snow Peak USA, of Portland, Ore.
Manufactured in: Japan
Retailers: If you are a retailer of a recalled product you have a duty to notify your customers of a recall. If you can, email your clients or include the recall information in your next marketing communication to your clients. Post any Recall Poster at your stores and contact the manufacturer to determine how you will handle any recalls.
For more information on this see:
For Retailers
Recalls Call for Retailer Action
Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.
Product Liability takes a different turn. You must pay attention, just not rely on the CPSC.
Retailer has no duty to fit or instruct on fitting bicycle helmet
Summary Judgment granted for bicycle manufacturer and retailer on a breach of warranty and product liability claim.
For Manufacturers
The legal relationship created between manufactures and US consumers
What do you think? Leave a comment.
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Copyright 2015 Recreation Law (720) Edit Law
Email: Rec-law@recreation-law.com
Google+: +Recreation
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com
Mobile Site: http://m.recreation-law.com
#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Recall, Recall, CPSC, Consumer Product Safety Council, Snow Peak, Ice Axe, Japanese Axe M,
Article 8 Tips to Survive Any Crisis has some great ideas I would like to build on for Outdoor Recreation
Posted: April 29, 2015 Filed under: Uncategorized | Tags: 3x5 Card, CISD, Crisis, Crisis Plan, Critical Incident Stress Debriefing, Emergency Plan, Survive, Surviving a Crisis Leave a commentCrisis means after the initial bleeding/weather/disaster has ended, and you are starting to evaluate.
The 8 points the article speaks to are:
· Stop, look, and listen.
· Who, what, when, where, and how.
· Gather your team.
· Communication is key.
· Take care of yourself.
· Seek advice from mentors and trusted colleagues.
· Conduct a post-crisis debriefing.
· Develop a crisis plan.
Each one has an explanation for a business setting. I’ve modified it a bit for the outdoor recreation world.
• Develop a crisis plan for each employee: If it is larger than a 3×5 card, you have too much information to memorize. You won’t have time to research a book or try to remember a novel in a crisis. What have you got, who you can call, how do you call. That is about it.
Your entire crisis plan for an organization should be a stack of 3×5 cards. Each card should relate to the supervisor above that employee. Your overall plan should be a simple hierarchy of information.
• Take care of yourself: If you don’t take care of yourself, you can’t take care of others. If you become a liability, you increase the risk to others. Take care of yourself first and then move on to anyone else who needs help.
• Stop, look, and listen: Are you in immediate danger? Do you need to move?
• Where, How, and When: Where are you and how far away is safety, rescue or additional help? How are you going to get to a safe place and then back to civilization? How long is it going to take and when are you going to make it.
• Gather and Evaluate your team: Who can help, who needs help, who can you rely upon and who do you need to watch. Who is a liability and who are assets.
• Communication is the key: Let everyone know what you have determined. Let everyone know what they roles are in the situation. Let everyone know to be prepared.
• Trust yourself: If you have to get associates or guides with you get input but taking in too many voices can create problems rather than solve them. You are the Trip Leader or Guide for a reason. Your experience, rely on it and your training.
• Conduct a post-crisis debriefing: Beer. Don’t be afraid when you are safe and at home to relax. If you or any member of the team needs to, have them participate in a Critical Incident Stress Debriefing program. However, celebrate your victory.
See 8 Tips to Survive Any Crisis
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Copyright 2015 Recreation Law (720) Edit Law
Email: Rec-law@recreation-law.com
Google+: +Recreation
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com
Mobile Site: http://m.recreation-law.com
By Recreation Law Rec-law@recreation-law.com James H. Moss #Authorrank
#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Crisis, Survive, Surviving a Crisis, 3×5 Card, CISD, Critical Incident Stress Debriefing, Emergency Plan, Crisis Plan,
Call for Papers: Tourist studies: Tourism Moralities and Mobilities
Posted: April 23, 2015 Filed under: Uncategorized | Tags: #Tourism, Moralities, x, y, z Leave a commentCall for Papers – Tourist Studies
Special Issue: TOURISM MORALITIES AND MOBILITIES
Guest Editors: Dr. Bryan Grimwood and Dr. Kellee Caton
Several recent epistemological ‘turns’ within tourism studies have enriched and complicated the landscapes of knowledge produced and used within the field. The ‘moral’ (Caton, 2012) and ‘mobility’ (Hannam, 2009) turns are two examples that, when taken together, produce fertile terrain for generating important questions and new meanings about tourism (e.g., Grimwood, 2014). The purpose of this special issue of Tourist Studies is to examine and critique the intersections of tourism moralities and mobilities. More specifically, we seek papers that contribute to fleshing out, and teasing apart, the conceptual, theoretical, methodological, and empirical nature of tourism moralities and mobilities. That tourism mobilities give shape to diverse spaces and places, including the ‘embodied’, ‘mundane’, and ‘exotic’ (Edensor, 2007; Reis, 2013), is justification enough for thinking through moral questions and perspectives. That moralities are likely to shift or become entrenched as we move through tourism spaces adds additional degrees of relevance to the special issue theme (Mostafanezhad & Hannam, 2014).
The guest editors invite submissions that speak to the intersections of tourism moralities and mobilities. We especially encourage papers that shift consideration away from what morality is to what morality does or can do in relation to tourism mobilities (and vice versa). Potential questions underpinning contributions may include:
- How do we carry morality with us (in tourism and in tourism research) and to what effect? How does morality become anchored/moored in touristic places, or performed across tourism spaces? To what extent is morality mobile?
- How are tourism mobilities disciplined/controlled by moralities? What spaces of resistance can be/are being mobilized through the practice and being of tourism moralities?
- How (or to what extent?) do tourist, community, researcher, and non-human subjectivities move/shift in relation to moralities encountered through tourism?
- How (or to what extent?) are multiple moralities consumed/performed through tourism mobilities, including those associated with tourism research?
- In a world increasingly (re)made in relation to various (im)mobilities, what moral positionalities are most productive/destructive?
- What anchors morality when ontological and epistemological foundations are multiple, hybrid, and/or fluid? As scholars? As researchers? As an epistemic community?
- What is (or should be) the role of morality in tourism epistemology? What meanings or insights does morality provide in relation to how knowledge moves and changes (or doesn’t) in our field, and how certain knowledge is (or fails to be) legitimized?
- What can tourism studies learn from inter-/multi-/trans-/post-disciplinary approaches to moralities and mobilities? What contributions do such perspective make to the field of tourism studies?
In addition to those with interests in the intersections of tourism morality and mobility, we anticipate the special issue to resonate with scholars situated within ‘critical’ and ‘hopeful’ tourism studies (Pritchard et al., 2011) and build on recent literatures that have helped contextualize tourism ethics from multi-disciplinary perspectives (e.g., Fennell, 2006; Mostafanezhad & Hannam, 2014; Weeden & Boluk, 2014).
Important Dates:
· Abstracts of 250 words must be submitted no later than May 01, 2015. Please submit your abstract to the guest editors, Dr. Bryan Grimwood (bgrimwood) and Dr. Kellee Caton (Kcaton).
· Authors of selected papers will be notified by May 15, 2015.
· Full manuscripts are due to the guest editors by September 15, 2015. The target length of papers is 8000 words and all style guidelines of Tourist Studies must be followed (see http://www.sagepub.com/journals/Journal201263/manuscriptSubmission). A preliminary review of all submissions will help authors shape and revise papers prior to the usual blind review process commencing.
· We are targeting December 2016 as the final publication date. Tourist Studies has allocated Volume 16, Issue 3 for this special issue.
References:
Caton, K. (2012). Taking the moral turn in tourism studies. Annals of Tourism Research, 39(4),
1906–1928.
Edensor, T. (2007). Mundane mobilities, performances and spaces of tourism. Social and
Cultural Geography, 8(2), 199–215.
Fennell, D. A. (2006). Tourism ethics. New York: Routledge.
Hannam, K. (2009). The end of tourism? Nomadology and the mobilities paradigm. In J. Tribe
(ed.) Philosophical issues in tourism (pp. 101-113). Toronto, ON: Channel View Publications.
Grimwood, B. S. R. (2014). Advancing tourism’s moral morphology: Relational metaphors for
just and sustainable arctic tourism. Tourist Studies, 1–24, DOI: 10.1177/1468797614550960.
Mostafanezhad, M., & Hannam, K. (Eds.) (2014). Moral encounters in tourism. Burlington, VT:
Ashgate.
Pritchard, A., Morgan, N., & Ateljevic, I. (2011). Hopeful tourism: A transformative approach.
Annals of Tourism Research, 38(3), 941-963.
Reis, A. C. (2012). Experiences of commodified nature: Performances and narratives of
nature-based tourists on Stewart Island, New Zealand. Tourist Studies, 12(3), 305–324.
Weeden, C., & Boluk, K. (Eds.). (2014). Managing ethical consumption in tourism. New York:
Routledge.
CFP _ Tourism Moralities & Mobilities.pdf
Why do you need an attorney for your Outdoor Recreation business?
Posted: April 22, 2015 Filed under: Uncategorized | Tags: Advice, Attorney, Conflict of Interest, CPA, Insurance, Insurance Agent, Insurance Broker, Insurance Company, Loyalty Leave a commentThe value exceeds a well-written release and getting you out of a jam and cannot be affected by their personal interests. The value is in the interest an attorney is sworn to protect…….Yours.
An attorney cannot have a conflict of interest. When you need advice, you want it to be free of personal or business attachments that may not be in your best interest. That person who can give you that advice is called your attorney. It is solely in your best interest and for you and you alone.
Your other advisors may have conflicts you should understand.
Insurance Company & Insurance Agent
Your insurance agent has different interests than your insurance company. Your agent wants to keep you as a client so you keep paying your insurance premium. His advice, although valuable, is going to be keeping you paying and the insurance company insuring you happy.
Your insurance company has two separate minds. One is focused on marketing, to get you to buy insurance. The other is focused on reducing the amount of money it pays out in claims. They are in two separate divisions, many times two separate buildings, or even states. They do not communicate once you have an issue that shows up in the claim’s division. That division’s advice to you will not be to protect you, but to protect their money.
That does not mean that your insurance agent and insurance company are bad. Most are able to separate their interests from your interests; however, you should know there is a slight conflict there. One that an attorney cannot have.
CPA
Your CPA like your attorney must be independent and will provide great advice when dealing with financial institutions, employee benefits and wages, taxes and valuation. Always keep your CPA happy and close. However, once you leave the financial day to day numbers of your business your CPA can provide little advice.
Other Business people in your community.
Here again, these people are great for general business advice. However few are so dependent on converting someone from non-movement to movement that is done in OR. Convincing someone to buy an ice cream cone is different from convincing them to ride across the sky on a zip line. A slip and fall is the rare claim they must deal with where yours may involve several people and major injuries.
Your Interest and Advice for you Alone
An attorney is used to balancing the various interests you have, to provide you with the advice you need. An Attorney can help you prioritize your issues to assist you in making decisions. After keeping your home safe your first priority, then they can assist in keeping your priorities in order. Keeping your business, keeping your insurance, keeping your clientele, keeping your insurance company from dropping you, keeping your clientele from suing you. Attorneys are there to help you juggle all those responsibilities and issues.
An attorney who specializes in outdoor recreation will know other insurance providers who can provide assistance. An attorney can provide you with solid advice balancing the needs of the insurance company.
The best advice you can get, is from an attorney because your attorney can never be for anyone or protect anyone but you.
What do you think? Leave a comment.
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Copyright 2015 Recreation Law (720) Edit Law
Email: Rec-law@recreation-law.com
Google+: +Recreation
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com
Mobile Site: http://m.recreation-law.com
By Recreation Law Rec-law@recreation-law.com James H. Moss
#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Attorney, Insurance, Insurance Agent, Insurance Company, Insurance Broker, CPA, Advice, Loyalty, Conflict of Interest,
American Academy for Parks & Recreation Administration call for Papers, winners receive $$ to travel and present their papers
Posted: April 17, 2015 Filed under: Uncategorized | Tags: American Academy for Parks & Recreation Administration, Call for Papers, x, y, z Leave a commentFrom: Academy of Leisure Sciences [mailto:ALSNET@LISTSERV.UGA.EDU] On Behalf Of Randy Virden
Sent: Monday, April 06, 2015 5:28 PM
To: ALSNET@LISTSERV.UGA.EDU
Subject: 2nd Notice of 2015 AAPRA Best Paper Award Competition – Updated Award Amounts – Submissions due April17, 2015
ALSNET Colleagues, Graduate Faculty and Recent Masters and Baccalaureate Graduates:
The American Academy for Parks & Recreation Administration (AAPRA) is proud to announce its Best Paper Awards for 2015. The Best Paper Award competition rotates every other year between a doctoral dissertation (even years) and a pre-doctoral research paper (odd years). This year the Academy will recognize the Best Master’s Thesis/Project or Undergraduate Professional Paper.
BEST PAPER AWARD One (1) Best Paper Award of $750 plus expenses of up to $500 for the author to travel to the Academy’s Annual Meeting (at the 2015 NRPA Congress in Las Vegas) to receive the award and provide a short presentation the paper. Certificate of Merit awards will be given to the two (2) next Best Papers submitted.
Theses and papers should make a contribution to the scholarly literature and have clear implications for the improved practice of park and recreation administration. Please review the award eligibility, entry procedure, rating criteria and timeline – see attached. An electronic application/copy of an executive summary (not exceeding 1000 words) is due to the Chair of the Academy’s Best Paper Award Committee by Monday, April 17, 2015.
Please share this information with any recent master’s degree and/or baccalaureate graduates (open to those who completed their degree requirements in calendar years 2013 or 2014) who may be eligible or interested in such a program/award.
You may contact the Best Paper Award Chair, Randy J. Virden with any questions. You may reach him via email rjvirden or by phone at (480) 215-0340.
Sincerely,
Randy J. Virden
Best Paper Award Chair,
American Academy for Parks & Recreation Administration
Randy J. Virden, Ph.D.
Emeritus Professor
School of Community Resources & Development
Arizona State University
AAPRABestPaperTimelineCriteria.pdf
Colorado Roadless Area rules are Open for Comment. Please Review, Read, Understand and Comment.
Posted: April 16, 2015 Filed under: Uncategorized | Tags: Forest Service, Roadless Area, USFS, x, y, z Leave a comment| You are receiving this message because you are subscribed to the mailing list for the Colorado Roadless Area.Dear Interested Party:
The U.S. Department of Agriculture Forest Service (USDA FS) is initiating scoping for a Supplemental Draft Environmental Impact Statement (SDEIS) to reinstate the North Fork Coal Mining Area exception of the Colorado Roadless Rule. This specific exception allows for temporary road construction for coal exploration and/or coal-related surface activities in a 19,100-acre area defined as the North Fork Coal Mining Area. The FS will use the SDEIS to address specific deficiencies that were identified by the District Court of Colorado. We invite your comments on the reinstatement of the exception within the North Fork Coal Mining Area. The scoping period closes 45 days after issuance of the notice of intent in the Federal Register. Comments should be limited to issues related to the proposed action, which is limited only to reinstating the North Fork Coal Mining Area exception of the Colorado Roadless Rule. The Forest Service is not seeking comments on the other portions of the Colorado Roadless Rule, roadless area boundary modifications, or other roadless areas in Colorado. Due to the extensive public participation process that occurred with the development of the Colorado Roadless Rule, no public meetings are planned for this 45 day scoping effort. However, public meetings may be held in Denver and Paonia, Colorado after the release of the SDEIS and proposed rule. Background On July 3, 2012 (77 FR 39576), the USDA promulgated the Colorado Roadless Rule, a state-specific regulation for management of Colorado Roadless Areas. This Rule addressed State-specific concerns while conserving roadless area characteristics. One State-specific concern was continuing exploration and development of coal resources on the Grand Mesa, Uncompahgre, and Gunnison (GMUG) National Forests. The Colorado Roadless Rule addressed this by defining a 19,100-acre area as the North Fork Coal Mining Area, and developing an exception that allows temporary road construction for coal-related activities on within in that defined area. In July 2013, High Country Conservation Advocates, WildEarth Guardians, and Sierra Club challenged the FS’s decision to consent to the Bureau of Land Management (BLM) modifying two existing coal leases, the BLM’s companion decision to modify the leases, BLM’s authorization of an exploration plan in the lease modification areas, and the North Fork Coal Mining Area exception of the Colorado Roadless Rule. In June 2014, the District Court of Colorado found the environmental documents supporting the four decisions to be in violation of the National Environmental Policy Act (NEPA) due to analysis deficiencies. In September 2014, the District Court of Colorado vacated the lease modifications, the exploration plan, and the North Fork Coal Mining Area exception of the Colorado Roadless Rule (36 CFR 294.43(c)(1)(ix)). Purpose and Need The purpose and need for this SDEIS and is to provide management direction for conserving roadless characteristics within the area while addressing the State interest in facilitating exploration and development of the coal resources in the North Fork Coal Mining Area. Proposed Action The proposed action for the SDEIS is to reinstate the North Fork Coal Mining Area exception as written in (36 CFR 294.43(c)(1)(ix)). In addition, the Forest Service is proposing to administratively correct the North Fork Coal Mining Area boundary to remedy clerical errors. Alternative to the Proposed Action The other alternative being considered is the no-action alternative, which is the continuation of current management following the District Court ruling to vacate the North Fork Coal Mining Area exception. The Colorado Roadless Rule contains a severability clause (36 CFR 294.48(f)), which allows the rest of the Rule to remain in effect. Therefore, the District Court of Colorado’s ruling only changed management of Colorado Roadless Areas in the North Fork Coal Mining Area. Currently, the North Fork Coal Mining Area is being managed the same as other non-upper tier Colorado Roadless Areas. Valid existing coal leases would operate according the terms of their lease. Decision to be Made The Responsible Official will determine whether to reinstate the North Fork Coal Mining Area exception, or continue to manage the area without the exception. In addition, the Forest Service will determine if corrections to the North Fork Coal Mining Area boundary should be remedied to adjust for clerical errors. How to Submit a Formal Comment In order for a scoping comment to be considered and become part of the record for the SDEIS, it must be submitted and received within 45 days of the publication of the notice of intent in the Federal Register. It would be helpful if comments: · State each concern, criticism and/or suggestion as clearly and specifically as possible. · Focus on the issue of reinstating the North Fork Coal Mining Area exception of the Colorado Roadless Rule. Please remember, this supplemental NEPA process will only address the Colorado Roadless Rule. The lease modifications and exploration plan authorization will be addressed in future analysis efforts if needed. Scoping comments can be submitted electronically through: 1. Web: https://cara.ecosystem-management.org/Public/CommentInput?Project=46470 2. Mail: Colorado Roadless Rule 740 Simms Street, Golden, CO 80401 3. Fax: 303-275-5134 All comments, including names and addresses, are placed in the record and are available for public inspection and copying. We anticipate completing and publishing a final rule and SDEIS in Spring 2016. Thank you for your interest in the management of your national forests. |
Carlton Reid, author of Roads Were Not Built for Cars doing Book Tour in the US
Posted: April 3, 2015 Filed under: Uncategorized | Tags: Author, Bicycles, Book Tour, Cycling, Roads were not Built for Cars, x, y, z Leave a comment |
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| If you enjoyed the print and digital versions of Roads Were Not Built For Cars perhaps you’ll be interested in the live tour? Yup, I’m going out on the, er, road, and will be appearing in a wide variety of venues over the next few months. I’ll be in the UK, Canada, France and both US coasts, including giving a talk to the Congressional Bike Caucus in Washington, D.C.The tour details can be found on roadswerenotbuiltforcars.com and on Facebook (where you can even “track” me – yoiks). If you fancy coming to any of the talks make sure to hit the “like” buttons or click on the RSVP boxes.Later in the year there will be more UK dates announced, and one in Germany, too. I’m also back in the US in June so may give talks in Salt Lake City, Seattle and Portland, Oregon. Track me to plug in to these updates.
Cheers. Carlton PS The second free chapter of the book goes online tomorrow. The first went out last week. The URL will always be the same: roadswerenotbuiltforcars.com/fulltext |
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Do You Go Outside in Winter? Are You a Member of the American Avalanche Association? You Should Be!
Posted: March 27, 2015 Filed under: Uncategorized | Tags: x, y, z Leave a comment
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AVPRO Coordinator Dallas Glass once again organized a high caliber AVPRO training this winter, which he instructed along with Patty Morrison (Northwest) and Andy Lapkass (Rockies) during the final days of February and start of March down in Breckenridge, CO. The course was full with 18 students – heavy CO representation, as well as AK and the Northwest! Student outcomes were high, and the feedback passed along by students, instructors, and guests has been overwhelmingly positive. Dallas is already working on plans for next season’s AVPRO, so stay tuned for info on location and dates.
This winter the AAA Governing Board decided to offer support to Project Zero as they work to reduce avalanche fatalities and promote a responsible backcountry experience. Here’s an update on recent Project Zero accomplishments from Project Zero Project Manager Rachel Reich:
Keith Rousch, Durango, CO – Lifetime Member & 2014 Donor.
Eric Larson, Hydrologist, Bozeman, MT – Member Affiliate applicant. 
Liz Riggs-Meder, Mom & AIARE Online Programs Project Manager, Seattle, WA – Member Affiliate applicant.
Van Roberts, Grand Targhee Ski Patrol & Mt Rainier Climbing Ranger, Ashford, WA – Professional applicant.
Rob Faisant, Portola Valley, CA – Pro Member & 2014 Donor.Family of slain girl would waive damages to learn more about what happened
Posted: March 26, 2015 Filed under: Uncategorized | Tags: Lawsuit, Litigation, why people sue Leave a commentLawsuits are not money a lot of the time; they are about emotions, finding out why.
This is outside the area of Outdoor Recreation; however it has value to all of us. The family of a girl killed by a gunman in school has offered to waive damages if they can learn more about what happened.
It is a scary, chilling terrible story, but what is important is why this offer. They just want to know why and to try and make sure it does not happen again.
See Father of Claire Davis to district: Provide information, avoid lawsuit
More articles about this issue:
It’s Not Money http://rec-law.us/zxmmqy
Why do people sue? Not for the money. http://rec-law.us/A0866T
Serious Disconnect: Why people sue. http://rec-law.us/wm2cBn
Her life is permanently changed, but she really wants an apology http://rec-law.us/yHjVn0
Money is important in some lawsuits, but the emotions that starts a lawsuit. http://rec-law.us/xbSs4M
A Church wants to apologize and the insurance company for the church panics. What else would you expect a church to do? http://rec-law.us/zI0FUI
Great article on why some corporate apologies fall short and they are not sincere http://rec-law.us/xb1uVb
Keep customers and turn possible plaintiffs into PR teams for you http://rec-law.us/12maA6Q
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Copyright 2015 Recreation Law (720) Edit Law
Email: Rec-law@recreation-law.com
Google+: +Recreation
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com
Mobile Site: http://m.recreation-law.com
By Recreation Law Rec-law@recreation-law.com James H. Moss
#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Lawsuit, Why People Sue, Litigation,
Support Environmental Education and call your Represenative to get their support.
Posted: March 19, 2015 Filed under: Uncategorized | Tags: x, y, z Leave a commentCongressional FY 2016 Appropriations Support Letters
for Environmental Education
Action Needed Now: First Deadline Thurs., March 18th
Details at
As with the excellent ongoing efforts to gather cosponsors for the No Child Left Inside Act (NCLI), outreach to ask our legislators to sign letters of support for environmental education appropriations holds great opportunities this year, and some big challenges, and the deadlines for various funding items are all before the end of March.
Congressional appropriations committees and subcommittees will be considering the FY 2016 budget shortly, so now is the time for all of us to advocate for the environmental education programs we know are critical to our communities and the country. The primary way our voices are heard by decision-makers in Congress is via a set of letters we ask our legislators to endorse that are addressed to the appropriations committees. We all need to ask our Senators and House members to sign these letter by the mid- to late-March deadlines.
The materials you will need – detailed instructions for you, the appropriations letters for the legislators’ endorsement, background briefings and instructions for them, and an update on NCLI – can be downloaded from www.naaee.net/advocacy. We have not gotten all of the materials from the Legislature yet, so do check back on Monday and Tuesday, and we’ll email you when we post more… but don’t wait to get started!
And it’s very important that we advocate for our cause with all legislators, even those who we know will not sign these letters. Reasons include: they are in the appropriations leadership and have policies not to sign any of these letters; they don’t want to go on record supporting these items; or they have a less than positive view of environmental education… but they none-the-less really value the good work your local EE institutions and schools do. Engaging these non-signing lawmakers, to make sure that they at least understand what environmental education looks like in their community is as important as getting the needed signatures.
This is also a great time to ask for No Child Left Inside legislation cosponsorship. NCLI and the environmental education appropriations complement each other with the range of programs and audiences.
Thank you in advance for helping to secure the future of environmental education and please pass this on to your colleagues today!
SCARPA North America Recalls Ski Boots with Tronic System Due to Fall Hazard
Posted: March 14, 2015 Filed under: Uncategorized | Tags: Consumer Product Safety Council, CPSC, Evo, EVO Ski Boots, F1 EVO Ski Boots, F1 EVO Ski Boots with Tronic system, Recall, Scarpa, Scarpa North America, Ski Boots Leave a commentName of Product: F1 EVO Ski Boots with Tronic system component.
Hazard: The Tronic system, can unexpectedly switch from ski mode to walk mode, not allowing the boot to release from the binding, posing a fall or injury hazard.
Remedy: Refund
Consumers should immediately stop using the boots and contact SCARPA North America for a full refund.
Consumer Contact: SCARPA North America toll-free at (866) 998-2895 from 8 a.m. to 5 p.m. MT Monday through Friday or online at http://www.scarpa.com and click on the tab marked “F1 EVO RECALL” for more information.
Units: About 2100 in U.S. and 250 in Canada
Description: This recall involves the men’s and women’s SCARPA F1 EVO ski boots with the Tronic system component. The Tronic system locks the boot into the ski binding. The boots were sold in royal blue for men and aqua blue for women with “SCARPA” written in white letters on the lower outer side of the boot. The model name “F1 EVO” is printed on the upper right outside ankle cuff of the boots.
Incidents/Injuries: The firm has received two reports of torn knee ligament injuries following falls, when the boots failed to release from the binding.
Sold at: Authorized SCARPA dealers and retailers in the United States and Canada, including Oregon Mountain Community, REI and Skimo Co., and online at http://www.scarpa.com from October 2014 through January 2015 for about $700.
Manufacturer: CALZATURIFICIO S.C.A.R.P.A. S.P.A., of Italy
Importer/Distributor: SCARPA North America Inc., of Boulder, Colo.
Retailers: If you are a retailer of a recalled product you have a duty to notify your customers of a recall. If you can, email your clients or include the recall information in your next marketing communication to your clients. Post any Recall Poster at your stores and contact the manufacturer to determine how you will handle any recalls.
For more information on this see:
For Retailers
Recalls Call for Retailer Action
Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.
Product Liability takes a different turn. You must pay attention, just not rely on the CPSC.
Retailer has no duty to fit or instruct on fitting bicycle helmet
Summary Judgment granted for bicycle manufacturer and retailer on a breach of warranty and product liability claim.
For Manufacturers
The legal relationship created between manufactures and US consumers
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Copyright 2015 Recreation Law (720) Edit Law
Email: Rec-law@recreation-law.com
Google+: +Recreation
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com
Mobile Site: http://m.recreation-law.com
#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Recall, Recall, CPSC, Consumer Product Safety Council, Scarpa, Scarpa North America, Evo, Ski Boots, F1 EVO Ski Boots with Tronic system, F1 EVO Ski Boots, EVO Ski Boots,
Update: Clean Trails, you should join
Posted: March 12, 2015 Filed under: Uncategorized | Tags: Backpacking, Clean Trails, Clean Up, Hiking, Litter, x, y, z Leave a comment
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Volunteer Spotlight – Brandon Reidhaar
Federal Volunteer Immunity Act
Posted: March 9, 2015 Filed under: Uncategorized | Tags: Federal Volunteer Immunity Act, Volunteer, Volunteer Immunity Leave a commentTITLE 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 139. VOLUNTEER PROTECTION
Go to the United States Code Service Archive Directory
§ 14502. Preemption and election of State nonapplicability
§ 14503. Limitation on liability for volunteers
§ 14504. Liability for noneconomic loss
§ 14501. Findings and purpose
(a) Findings. The Congress finds and declares that–
(1) the willingness of volunteers to offer their services is deterred by the potential for liability actions against them;
(2) as a result, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, and other civic programs, have been adversely affected by the withdrawal of volunteers from boards of directors and service in other capacities;
(3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating;
(4) because Federal funds are expended on useful and cost-effective social service programs, many of which are national in scope, depend heavily on volunteer participation, and represent some of the most successful public-private partnerships, protection of volunteerism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal legislation;
(5) services and goods provided by volunteers and nonprofit organizations would often otherwise be provided by private entities that operate in interstate commerce;
(6) due to high liability costs and unwarranted litigation costs, volunteers and nonprofit organizations face higher costs in purchasing insurance, through interstate insurance markets, to cover their activities; and
(7) clarifying and limiting the liability risk assumed by volunteers is an appropriate subject for Federal legislation because–
(A) of the national scope of the problems created by the legitimate fears of volunteers about frivolous, arbitrary, or capricious lawsuits;
(B) the citizens of the United States depend on, and the Federal Government expends funds on, and provides tax exemptions and other consideration to, numerous social programs that depend on the services of volunteers;
(C) it is in the interest of the Federal Government to encourage the continued operation of volunteer service organizations and contributions of volunteers because the Federal Government lacks the capacity to carry out all of the services provided by such organizations and volunteers; and
(D) (i) liability reform for volunteers, will promote the free flow of goods and services, lessen burdens on interstate commerce and uphold constitutionally protected due process rights; and
(ii) therefore, liability reform is an appropriate use of the powers contained in article 1, section 8, clause 3 of the United States Constitution, and the fourteenth amendment to the United States Constitution.
(b) Purpose. The purpose of this Act [42 USCS §§ 14501 et seq.] is to promote the interests of social service program beneficiaries and taxpayers and to sustain the availability of programs, nonprofit organizations, and governmental entities that depend on volunteer contributions by reforming the laws to provide certain protections from liability abuses related to volunteers serving nonprofit organizations and governmental entities.
§ 14502. Preemption and election of State nonapplicability
(a) Preemption. This Act [42 USCS §§ 14501 et seq.] preempts the laws of any State to the extent that such laws are inconsistent with this Act [42 USCS §§ 14501 et seq.], except that this Act [42 USCS §§ 14501 et seq.] shall not preempt any State law that provides additional protection from liability relating to volunteers or to any category of volunteers in the performance of services for a nonprofit organization or governmental entity.
(b) Election of State regarding nonapplicability. This Act [42 USCS §§ 14501 et seq.] shall not apply to any civil action in a State court against a volunteer in which all parties are citizens of the State if such State enacts a statute in accordance with State requirements for enacting legislation–
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act [42 USCS §§ 14501 et seq.] shall not apply, as of a date certain, to such civil action in the State; and
(3) containing no other provisions.
§ 14503. Limitation on liability for volunteers
(a) Liability protection for volunteers. Except as provided in subsections (b) and (d), no volunteer of a nonprofit organization or governmental entity shall be liable for harm caused by an act or omission of the volunteer on behalf of the organization or entity if–
(1) the volunteer was acting within the scope of the volunteer’s responsibilities in the nonprofit organization or governmental entity at the time of the act or omission;
(2) if appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the volunteer’s responsibilities in the nonprofit organization or governmental entity;
(3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the volunteer; and
(4) the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to–
(A) possess an operator’s license; or
(B) maintain insurance.
(b) Concerning responsibility of volunteers to organizations and entities. Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity.
(c) No effect on liability of organization or entity. Nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to harm caused to any person.
(d) Exceptions to volunteer liability protection. If the laws of a State limit volunteer liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section:
(1) A State law that requires a nonprofit organization or governmental entity to adhere to risk management procedures, including mandatory training of volunteers.
(2) A State law that makes the organization or entity liable for the acts or omissions of its volunteers to the same extent as an employer is liable for the acts or omissions of its employees.
(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law.
(4) A State law that makes a limitation of liability applicable only if the nonprofit organization or governmental entity provides a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the organization or entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified.
(e) Limitation on punitive damages based on the actions of volunteers.
(1) General rule. Punitive damages may not be awarded against a volunteer in an action brought for harm based on the action of a volunteer acting within the scope of the volunteer’s responsibilities to a nonprofit organization or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed.
(2) Construction. Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages.
(f) Exceptions to limitations on liability.
(1) In general. The limitations on the liability of a volunteer under this Act [42 USCS §§ 14501 et seq.] shall not apply to any misconduct that–
(A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court;
(B) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note));
(C) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court;
(D) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or
(E) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct.
(2) Rule of construction. Nothing in this subsection shall be construed to effect subsection (a)(3) or (e).
§ 14504. Liability for noneconomic loss
(a) General rule. In any civil action against a volunteer, based on an action of a volunteer acting within the scope of the volunteer’s responsibilities to a nonprofit organization or governmental entity, the liability of the volunteer for noneconomic loss shall be determined in accordance with subsection (b).
(b) Amount of liability.
(1) In general. Each defendant who is a volunteer, shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to the preceding sentence.
(2) Percentage of responsibility. For purposes of determining the amount of noneconomic loss allocated to a defend-ant who is a volunteer under this section, the trier of fact shall determine the percentage of responsibility of that defendant for the claimant’s harm.
§ 14505. Definitions
For purposes of this Act [42 USCS §§ 14501 et seq.]:
(1) Economic loss. The term “economic loss” means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law.
(2) Harm. The term “harm” includes physical, nonphysical, economic, and noneconomic losses.
(3) Noneconomic losses. The term “noneconomic losses” means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature.
(4) Nonprofit organization. The term “nonprofit organization” means–
(A) any organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 USCS § 501(c)(3)] and exempt from tax under section 501(a) of such Code [26 USCS § 501(a)] and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note); or
(B) any not-for-profit organization which is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note).
(5) State. The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession.
(6) Volunteer. The term “volunteer” means an individual performing services for a nonprofit organization or a governmental entity who does not receive–
(A) compensation (other than reasonable reimbursement or allowance for expenses actually incurred); or
(B) any other thing of value in lieu of compensation, in excess of $ 500 per year, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer.
UIAA Ice Climbing News
Posted: March 7, 2015 Filed under: Uncategorized | Tags: Ice climbing, UIAA, x, y, z Leave a comment
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2015 SRLA – Volunteers
Posted: March 5, 2015 Filed under: Uncategorized Leave a commentPresentation at the 2015 Sport and Recreation Law Association Conference
Presentation PowerPoint:
Federal Volunteer Immunity Act
Byrne, JR., v. Fords-Clara Barton Boys Baseball League, Inc., 236 N.J. Super. 185; 564 A.2d 1222; 1989 N.J. Super. LEXIS 357
Mooring v. Virginia Wesleyan College, et al. 257 Va. 509; 514 S.E.2d 619; 1999 Va. LEXIS 69
Smith v. Kroesen, 9 F. Supp. 3d 439; 2014 U.S. Dist. LEXIS 39729
Stemke v. Mastrogiacomo, 2014 N.Y. Misc. LEXIS 906; 2014 NY Slip Op 30504(U)
The Wrongful Death Beneficiaries of Christopher Elliot, Deceased, Plaintiffs v. La Quinta Corporation, 2007 U.S. Dist. LEXIS 16837
Wagner v. McGrady, 2009-Ohio-987; 2009 Ohio App. LEXIS 798
Flow Sports Inc. Recalls Snowboard Bindings Due to Fall Hazard
Posted: March 5, 2015 Filed under: Uncategorized | Tags: Consumer Product Safety Council, CPSC, Flite, Flite LTD, Flite MTN, Flow, Flow Sports, Flow Sports Inc., Haylo, Micron Youth, Recall, Snowboard Binding, snowboarding Leave a commentName of Product: Flow 2014 Flite-series snowboard bindings
Hazard: A pin can disengage and cause the binding to open, posing a fall hazard.
Remedy: Repair, replace, refund
Consumers should immediately stop using the recalled snowboard bindings and contact Flow Sports for a free repair or to return the bindings for free replacement bindings or a full refund.
Consumer Contact: Flow Sports toll-free at (855) 920-9955 from 9 a.m. to 9 p.m. PT Monday through Friday, or online at http://www.flow.com and click on “Safety Notice” for more information.
Units: About 10,400
Description: This recall involves Flow 2014 Flite-series snowboard bindings with model names Flite, Haylo, Micron Youth, Flite LTD and Flite MTN. The bindings have a snaplock lever on the rear, a cable adjustment dial on the side of the baseplate, a matte texture finish on the baseplate and a glossy “Flow” and Flow’s logo on the hiback. They are black; black and white; black, white and blue; or black, white, blue and yellow. “Flow” is printed on the side of the bindings.
Incidents/Injuries: Flow Sports has received 30 reports of the pins disengaging from the bindings. No injuries have been reported.
Sold at: Dick’s Sporting Goods, EVO, SNSboards, Sport Chalet, The House, Wired Sport, Zumiez and other stores nationwide and online from July 2014 through February 2015 for between $110 and $150 for the bindings.
Importer: Flow Sports Inc., of San Clemente, Calif.
Manufactured in: China
Retailers: If you are a retailer of a recalled product you have a duty to notify your customers of a recall. If you can, email your clients or include the recall information in your next marketing communication to your clients. Post any Recall Poster at your stores and contact the manufacturer to determine how you will handle any recalls.
For more information on this see:
For Retailers
Recalls Call for Retailer Action
Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.
Product Liability takes a different turn. You must pay attention, just not rely on the CPSC.
Retailer has no duty to fit or instruct on fitting bicycle helmet
Summary Judgment granted for bicycle manufacturer and retailer on a breach of warranty and product liability claim.
For Manufacturers
The legal relationship created between manufactures and US consumers
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Copyright 2015 Recreation Law (720) Edit Law
Email: Rec-law@recreation-law.com
Google+: +Recreation
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com
Mobile Site: http://m.recreation-law.com
#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Recall, Recall, CPSC, Consumer Product Safety Council, Flow, Snowboarding, Snowboard Binding, Flite, Haylo, Micron Youth, Flite LTD, Flite MTN, Flow Sports Inc., Flow Sports,
Another Bike Book Coming from Carlton Reid about Cycling after the 60’s. A follow up to Roads Were Not Built for Cars
Posted: March 3, 2015 Filed under: Uncategorized | Tags: x, y, z Leave a comment |
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| Thanks to 206 backers – as of this second on 27th Feb – my project is £897 over the funding target. This means I am now locked in to researching and writing Bike Boom. However, the campaign is still live and there’s another 17 days available for people to bag rewards. With more funds I can add more stuff – such as new features for the digital versions of the book. But I’m going to start with doubling the pagination of the colour plate section.That is, if I reach £10,000. This, in Kickstarter parlance, is a STRETCH GOAL.Such goals add value for both the existing pledgers and those thinking of jumping on in.If I reach £15,000 in pledges I’ll produce a poster, for all except the first two levels, featuring a huge number of people on bicycles with a headline calling for more cycling facilities to be provided in order to cater for the growing demand.
If you have other ideas for possible stretch goals please let me know. Thanks. Carlton |
No Child Left Inside Legislation Reintroduced in Congress
Posted: February 27, 2015 Filed under: Uncategorized | Tags: Environmental Education, legislation, No Child Left Inside Leave a commentThanks to you and our colleague organizations, the No Child Left Inside act (NCLI) got a great start this year. We feel that with another round or two of followups to engage addition legislators who needed more time and encouragement to sign-on, our Congressional champions will be able to position the provisions of NCLI to be considered for inclusion into the larger Elementary and Secondary Education Act (ESEA).
Bill numbers: H.R. 882 & S. 492, introduced on 2/11/15 & 2/12/15. More about them at www.congress.gov/bill/114th-congress/house-bill/882 and www.congress.gov/bill/114th-congress/senate-bill/492. You can sign up there to get an alert about any official actions. Note that as of today, the bill names on Congress.gov are the formal, “A bill to amend the Elementary and Secondary Education Act of 1965 in order to improve environmental education…” We have been informed that it will be administratively changed to “No Child Left Inside Act of 2015” shortly.
Cosponsors: Thanks to you and the coalition of our friends, including the NCLI Coalition, National Wildlife Federation, and others, 42 House members are original cosponsors, plus sponsor Rep. Sarbanes (MD-3), compared to 43+1 for all of the last Congress…great work! On the Senate side, we were level with the last Congress for initial cosponsors, with five plus Sen. Reed (RI). In both chambers there are many additional legislators who have supported us in the past, including every one who cosponsored last time in the Senate; see below. Support spread sheet attached. (One more House cosponsor was added this morning, bringing us even with the House total from the last Congress!)
What’s next? Thank you notes + requests for our initial cosponsors to help us with recruiting some of the additional cosponsors we need. Please send your thanks via email to all legislators and staff you connected with who cosponsored, or even if you hadn’t contacted them… if they stepped up, then send a thank you. We also need public thank yous – have your state environmental education (EE) association mention our champions in their newsletter, blog, twitter feed, etc. Request that other organizations with whom you are friends, do the same: local league of conservation voters, Audubon Societies, the zoo and aquarium, etc. Sample social media language attached.
We still need more NCLI cosponsors in these categories:
– Senators – We are thin with their support so far. There are 16 who have cosponsored in the past but not yet this year… mostly because they weren’t asked again!
– Other past EE supporters, Senate and House, of NCLI – we have plenty of friends of environmental education who just need a little reminding of the importance of EE to their state and country, and of their past support. There are an additional 10 House members who cosponsored last term and haven’t yet done so this one, and 30 more who cosponsored in other previous Congress and not yet this time, and plenty more who have signed appropriations support letters.
– Freshmen – We need new champions; we only have two so far. Some of these new legislators don’t know what EE looks like in their district or state, or they may know and love your school/organization, but don’t think about the connection between your good work, EE, and NCLI. For freshmen profiles see http://info.cqrollcall.com/NewMemberGuide2014.html (you must provide your email address to download this).
– Education committee members – In the House we have 9 of 16 already cosponsoring on the Democratic side, and 4 of the those remaining 7 have supported EE in Congress in the past. On the Senate HELP Committee, we have only 3 cosponsoring ed committee members so far, but again, almost all of the rest of the Democrats on the committee are friends of EE.
– At least one cosponsor from every state – We are almost 1/2 way there with 23 states and D.C. represented… let’s try for this!
– Republicans – We simply need more connections with them.
With all of the above groups, we know in some cases there might be a low probability of an individual legislator willing to be on the record cosponsoring NCLI, so the goal becomes having them make that positive link between your good work and support of EE, so that the Senator or Representative will at least say that they won’t vote against us!
In the coming few weeks: Congressional EE appropriations support to request. For most of us, it makes sense to combine our appeals to our legislators with several appropriation items for Congress. More on this shortly.
Thanks again for a great start!
Brock
Brock Adler
Chair, Advocacy Committee, NAAEE
(917) 608-8120
brockadler
Congressional Environmental Education Supporters 2007-2015 By State.xlsx
NAAEE Advocacy Committee Communications – sample social media messages.docx
Colorado Alliance of Environmental Education is losing State Funding for its Executive Director
Posted: February 24, 2015 Filed under: Uncategorized | Tags: CAEE, Colorado Alliance for Environmental Education, Colorado State University, CSF, CSU, x, y, z Leave a comment
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SCOTT Recalls Vanish Evo Bicycle Helmets Due to Head Injury Hazard
Posted: February 19, 2015 Filed under: Uncategorized | Tags: Consumer Product Safety Council, CPSC, Evo, helmet, Inc., Recall, Scott, Scott USA Leave a commentName of Product: 2015 SCOTT® Vanish Evo Bicycle Helmets
Hazard: The bicycle helmets do not comply with the impact requirements of the CPSC safety standards for bicycle helmets.
Remedy: Refund
Consumers should immediately stop using the bicycle helmet and take it to an authorized SCOTT dealer for a refund of the purchase price.
Consumer Contact: Scott USA toll-free at (888) 607-8365 extension 2012 from 8 a.m. to 6 p.m. MT Monday through Friday, email recall@scott-sports.com, or online at http://www.scott-sports.com and click on Safety and Recalls at the bottom of the page for more information.
Units: About 1,450
Description: The helmets have the brand name “SCOTT” printed on the outer shell of the helmet on the left side. For the Vanish Evo black and grey helmets, the lettering is black; for the Vanish Evo white and grey helmets, the lettering is white. The following serial number ranges are included in this recall: 2014-06/009359 through 2014-09/027210. The serial number is printed on a white sticker inside the back of the helmet.
Incidents/Injuries: None reported.
Sold at: Authorized SCOTT dealers nationwide and online from July 2014 through December 2014 for about $200.
Importer: Scott USA, Inc., of Salt Lake City, Utah
Manufactured in: China
Retailers: If you are a retailer of a recalled product you have a duty to notify your customers of a recall. If you can, email your clients or include the recall information in your next marketing communication to your clients. Post any Recall Poster at your stores and contact the manufacturer to determine how you will handle any recalls.
For more information on this see:
For Retailers
Recalls Call for Retailer Action
Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.
Product Liability takes a different turn. You must pay attention, just not rely on the CPSC.
Retailer has no duty to fit or instruct on fitting bicycle helmet
Summary Judgment granted for bicycle manufacturer and retailer on a breach of warranty and product liability claim.
For Manufacturers
The legal relationship created between manufactures and US consumers
What do you think? Leave a comment.
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Organziation Pushing to Keep Our Trails Clean. Get Involved and Pick Up After Yourself and Others.
Posted: February 19, 2015 Filed under: Uncategorized | Tags: Clean Trails, CleanTrails.org, Litter, x, y, z Leave a comment
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Are you a Great Photographer? Like to Travel? Win this Contest and become Aurora Expeditions Next Photographer
Posted: February 17, 2015 Filed under: Uncategorized | Tags: #Cruise, Aurora Expeditions, Employment, Travel, Travel Photographer, x, y, z Leave a commentCalling All Photographers!
Win the Chance to Become Aurora Expeditions’ Next Official Photographer and an Arctic Adventure Worth AUS$10,000!
February 5th 2015, USA and London: Aurora Expeditions, polar cruising specialists, and the pioneers of Arctic and Antarctica adventures, are on the hunt for their new official photographer.
This exciting opportunity calls for everyone from professional photographers, budding enthusiasts and snap-happy vacationers. Anyone with a talent behind the lens and the love of capturing unforgettable moments has the chance to become the winner of Aurora Expedition’s exciting new photographic competition.
As the new official Polar paparazzo, the winner will travel abroad the Polar Pioneer on Aurora Expedition’s Across the Arctic Circle Voyage. Worth a staggering AUS$10,000, this incredible adventure, from Aberdeen to Longyearbyen, will be the breath-taking backdrop for 14 days worth of spectacular photo opportunities.
To enter, simply upload your best travel photo, and in 50 words or less tell Aurora Expeditions why they should pick you to become their next official Polar Photographer.
For the next step, each entrant must encourage their friends and family to vote on their image. The most voted for images will have the bigger chance of winning. Simple!
A panel of travel and photography experts will then judge the images with the most votes, before choosing a winner.
The photograph can be from anywhere in the world but must fit into one of the following categories: people, nature, landscapes or wildlife.
HOW TO ENTER
Go to the Aurora Expeditions Facebook page and click on the competition link to access the competition page.
1. Upload your photo
2. Tell us in 50 words or less why we should pick you as our Arctic Photographer
3. Fill in your details (so we can contact you if you are the winner)
4. Share your entry with your friends and family and encourage them to vote for you.
The more you promote your entry, the greater the chance of increasing your votes.
Competition closes Sunday, 15 March 2015. Winner will be announced on Friday 28 March 2014. Refer to full terms and conditions here: Competition T&C
PRIZE DETAILS
As the official Arctic photographer the winner will be awarded with return economy airfares from their nearest capital city to Aurora Expeditions’ voyage starting/ending points as well as a berth on their 14-day Across the Arctic Circle expedition departing 30 June 2015.
From Scotland, the winner will capture the Stone Age villages, Viking relics and spectacular birdlife, before exploring Norway’s dramatic coastline and picturesque fishing villages. The brand new photographer must be prepared to snap the celebrations as they cross the Arctic Circle and enter a polar wonderland where the sun never sets.
View full voyage itinerary here. http://www.auroraexpeditions.com.au/expeditions/expedition/across-the-arctic-circle
END
For more information please contact Aurora Expeditions on +61 2 9252 1033, info or visit www.auroraexpeditions.co.uk
For further press information please contact:
Frangelica Flook frangelica.flook
Emily Olsen emily.olsen
T: 020 7978 4534, M: 07747 606 898
Notes to Editors:
About Aurora Expeditions
Aurora Expeditions is an Australian-owned adventure company specializing in expedition cruises to wild and remote places. Always travelling in small groups of 54 or less, Aurora Expeditions provide their travellers with the chance to have an intimate experience in these regions with their flexible, innovative itineraries. The aim of each voyage is to provide as many landings as possible, allowing passengers to experience the destination first hand. Each voyage is led by an expedition team of expert naturalists, geologists, historians, staff and crew who help to unlock the wonders of these special places. Deeply committed to education and preservation of the environment, Aurora Expeditions’ philosophy is to respectfully visit wilderness areas in turn creating ambassadors for their protection.
CAEE 5th Careers in Natural Resources Summit
Posted: February 10, 2015 Filed under: Uncategorized | Tags: x, y, z Leave a commentThe Colorado Alliance for Environmental Education, Colorado Youth Corps Association and Careers in Natural Resources Initiative Partners invite you to participate in the 5th Careers in Natural Resources Summit.
When: Wednesday, February 25th from 9:00 a.m. – 3:00 p.m.
Where: Earth Force/Think 360 Arts Conference Room – Thomas Bean Towers (135 Park Avenue, Denver)
We are fortunate to have The Civic Canopy – experts in collaborative processes – as the facilitators for the Summit. Goals of the Summit include:
· Increasing the reach of the Initiative
· Better measuring our impact as an Initiative and as individual organizations
· Connecting partners working to engage youth in natural resource careers with one another
This event is FREE! Refreshments and lunch are included.
REGISTRATION REQUIRED. To attend, please register by Friday, February 20th. Register at https://www.caee.org/civicrm/event/info?reset=1&id=179
Information About the Careers in Natural Resources Initiative — The Careers in Natural Resources Initiative grew from an ongoing concern that youth conservation corps and other youth-serving environmental organizations face in guiding their alumni into natural resource careers. Since 2012, more than 90 federal, state and local agencies, non-profit organizations and higher education institutions have worked collaboratively to raise youth awareness of careers in our field, reduce barriers in the state and federal application processes, and increase access to information about careers and available jobs. Projects of the Initiative have included a 124-page “How-To Guide for Pursuing a Career in Natural Resources,” participation at local career fairs, organization of a career exploration week for high school students, and collaboration on the new Job Center portion of the Get Outdoors Colorado website.
For more information about the Initiative, please visit http://www.getoutdoorscolorado.org/jobs/careers-natural-resources
We hope to see you there! Please email Lisa Eadens at lisaeadens with any questions.
