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This data protection declaration explains to you the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the associated websites, functions and contents as well as external online presences, e.g. our social media profile. (hereinafter jointly referred to as "online offer"). With regard to the terms used, such as "personal data" or their "processing", we refer to the definitions in Art. 4 of the Basic Data Protection Ordinance (DSGVO).
Content data (e.g., text entries).
In the following, we will also summarise the persons concerned as "users".
We shall take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, in accordance with Article 32 DSGVO, taking into account the state of the art, implementation costs and the nature, scope, circumstances and purposes of processing and the different likelihood and severity of the risk to the rights and freedoms of natural persons; the measures shall include in particular safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transmission, security of availability and its separation. Furthermore, we have established procedures to ensure the exercise of rights of data subjects, deletion of data and reaction to endangerment of data. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly presettings (Art. 25 DSGVO).
In accordance with statutory requirements, the records are kept in particular for 6 years in accordance with § 257 (1) HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).
We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g. services used, names of contact persons, possibly payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 para. 1 lit b. DSGVO. The entries marked as obligatory in online forms are required for the conclusion of the contract.
When contacting us (via contact form or e-mail), the user's details are processed for processing the contact enquiry and its handling in accordance with Art. 6 Para. 1 lit. b) DSGVO.
We delete the requests if they are no longer necessary. We review the necessity every two years. In the case of statutory archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation).
We collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO data on each access to the server on which this service is located (so-called server log files). Access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
We receive statistical data of various categories from the operators, such as: total number of page views, "Like" information, page activities, contribution interactions, video views, contribution range, comments, shared content, answers, proportion of men and women, origin related to country and city, language, clicks on route planner and clicks on telephone numbers.
We use the data to make our contributions on the operator pages more attractive or to find the right time for publication.
Facebook: https://www.facebook.com/legal/terms/information_about_page_insights_data . We further point out that according to the "Page Controller Addendum" there is a joint responsibility according to article 26 DSGVO between Facebook and us (https://www.facebook.com/legal/terms/page_controller_addendum ).
We use "session cookies", which are only stored on our website for the duration of your current visit (e.g. to enable the storage of your login status or the shopping basket function and thus the use of our online offer at all). A randomly generated unique identification number, a so-called session ID, is stored in a session cookie. A cookie also contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our online offer and log out or close your browser, for example.
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer in the sense of Art. 6 Para. 1 lit. f. of the German Civil Code), we make use of the information provided on this website. DSGVO) Social Plugins ("Plugins") of the social network facebook.com which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook") and the microblogging service twitter.com which is operated by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA ("Twitter").
To provide the social media plugins, such as the "Recommend" button of Facebook, we use the "Two clicks for more privacy" plugin of Heise-Verlag (https://www.heise.de/ct/artikel/2-Klicks-fuer-mehr-Datenschutz-1333879.html ). As a result, your data will not be sent to the operator of the respective network platform without your consent.
The button is not active by default. The user must first signal with a click that he now wants to communicate with Facebook, for example. Only then are the necessary scripts loaded by the operator of the network platform and thus also data transmitted to it. Those who attach more importance to comfort can also permanently activate the buttons via the gear icon - of course with the associated consequences: For example, Facebook receives the information that you have visited our site with your IP address. If you click the Facebook "Like" button while logged into your Facebook account, you can link the contents of our pages on your Facebook profile. This allows Facebook to associate the visit to our pages with your user account.
Both Facebook and Twitter are certified under the Privacy Shield Agreement and thus offer a guarantee of compliance with European data protection law.
When a user calls up a function of this online service that contains such a plugin, his device establishes a direct connection with the servers of the operators. The content of the plugin is transmitted by the operator directly to the user's device and integrated into the online offer by the user. User profiles can be created from the processed data. We therefore have no influence on the extent of the data that the operators collect with the help of this plugin and therefore inform the users according to our level of knowledge.
Through the integration of the plugins, the operator receives the information that a user has called the corresponding page of the online offer. If the user is logged in to the operator, Facebook or Twitter can assign the visit to his Facebook or Twitter account. When users interact with the plugins, for example by clicking the Like button or posting a comment, the corresponding information is transmitted directly from your device to the operator and stored there. If a user is not a member of Facebook or Twitter, it is still possible for the operators to find out his IP address and save it. According to the operators, only an anonymous IP address is stored in Germany.
The purpose and scope of the data collection and the further processing and use of the data by the operator as well as the relevant rights and setting options for the protection of the privacy of the user can be found in the data protection information.
z. B. Facebook: https://www.facebook.com/about/privacy/ .
If, for example, a user is a Facebook member and does not want Facebook to collect data about him or her via this online service and link it with his or her member data stored on Facebook, he or she must log out of Facebook before using our online service and delete his or her cookies. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads  or via the US page http://www.aboutads.info/choices/  or the EU page http://www.youronlinechoices.com/ . The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
Within our online offer, we make no representations or warranties of any kind based on our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) content or service offerings of third parties to incorporate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content"). This always presupposes that the third party providers of this content perceive the IP address of the users, since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We make every effort to use only those contents whose respective providers use the IP address only for the delivery of the contents. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. Pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, as well as may be linked to such information from other sources.
We expressly point out that only the German version of this data protection declaration is binding.

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C-015-0499 Oldman et al. v. Anthony et al.
C-016-0499 Laughlin v. Anthony et al.
C-018-0300 Yellowbank v. Chingwa et al.
C-019-0500 Mulholland v. Wanshon et al.
C-023-1200 Harrington v. LTBB Tribal Council et al.
C-024-0101 Harrington v. LTBB Tribal Council et al.
C-030-0401 Gould v. Hadley et al.
C-040-0403 Rodriguez v. Chingwa et al.
C-043-0803 Heritage Interiors v. G.P. Graham Construction Corp.
C-055-0904 Bunnell v. LTBB Gaming Regulatory Commission et al.
C-069-0707 LaCroix v. Milligan et al.
C-098-1210 Harrington v. LTBB Tribal Councilors Belinda Bardwell et al.
C-117-0211 Cutler v. Dzingle et al.
C-118-0211 Cutler v. Field et al.
C-122-0311 Harrington v. LTBB Tribal Councilors Bardwell et al.
C-123-0611 Kishigo-Lesky v. Harrington et al.
C-126-0711 Northern Shores Loan Fund, Inc. v. Harbor Wear of Boyne, Inc.
C-142-0312 Steingold v. LTBB Human Resources Department et al.

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Thursday, February 8, 2018 @ 9:00 a.m.
August 30, 2017, marked the 50th anniversary of Governor Ronald Reagan approving the Mulford-Carrell Act that created the State Air Resources Board.February 8, 2018, will mark the 50th Anniversary of the first California Air Resources Board meeting and will serve as a celebration of a half century of clearing Californiaï¿½s skies and improving public health.
The following items on the consent calendar will be presented to the Board immediately after the start of the public meeting, unless removed from the consent calendar either upon a Board memberï¿½s request or if someone in the audience wishes to speak on them.
The Board will consider proposed amendments to the regulations designating areas of California as attainment, nonattainment, nonattainment-transitional, or unclassified for pollutants with State ambient air quality standards. Based on 2014 to 2016 air quality data, a total of seven changes to area designations are proposed for ozone, PM2.5, and PM10.
February 8, 2018, marks the 50th Anniversary of the first California Air Resources Board hearing. The Board will hear a retrospective presentation reviewing five decades of achievement in improving air quality, public health, economic benefits, and environmental justice.
The awards will be presented to the recipients of the Haagen-Smit Legacy Awards. This is a special year for the Awards Program as it is the 50th Anniversary of the legislation that created the Board. To commemorate five decades of progress towards clean air, CARB is highlighting the accomplishments of a select group of remarkable individuals who have had a significant impact on air quality and climate goals in California and beyond.
The Board will consider approving the proposed California Phase 2 Greenhouse Gas (GHG) Emissions Standards and proposed amendments to the Tractor-Trailer GHG regulation. The proposed California Phase 2 GHG emission standards harmonize with federal Phase 2 standards that were adopted by the United States Environmental Protection Agency (U.S. EPA) and the United States Department of Transportation's National Highway Traffic Safety Administration on October 25, 2016. The Phase 2 proposal also includes minor California differences from the federal Phase 2 program that are necessary to ease enforcement, align with existing California programs, and provide incentives to bring advanced technologies to market. Finally, the Phase 2 proposal includes restrictions on the production of high-emitting glider vehicles that the U.S. EPA has recently proposed to repeal, but which CARB staff thinks are crucial for protecting public health and preventing the circumvention of emission standards.
Executive Officer Richard Corey will provide the Board with an overview of California Air Resources Board priorities for 2018.
American Fuels and Petrochemical Manufacturers, et al. v. Jane Oï¿½Keeffe, et al., U.S. District Court (D. Ore. Portland), Case No. 3:15-CV-00467; Plaintiffsï¿½ appeal, U.S. Court of Appeals, Ninth Circuit, Case No. 15-35834.
California et al. v. U.S. Department of Transportation et al., United States District Court, Northern District of California, Case No. 4:17-CV-05439.
Friends of Oceano Dunes, Inc. v. California Coastal Commission, et al., Superior Court of California, San Luis Obispo County, Case No. 17CV-0576.
In re La Paloma Generating Company, LLC, U.S. Bankruptcy Court, District of Delaware, Case No. 16-bk-12700.
Mexichem Fluor Inc. v. United States Environmental Protection Agency et al., U.S. Court of Appeals, District of Columbia Circuit, Case Nos. 15-1328 and 15-1329.
POET, LLC, et al. v. California Air Resources Board, et al., Superior Court of California (Fresno County), Case No. 09CECG04659; plaintiffsï¿½ appeal, California Court of Appeal, Fifth District, Case No. F064045; California Supreme Court, Case No. S213394 [remanded to trial court]; plaintiffï¿½s appeal of trial court order discharging peremptory writ of mandate, Court of Appeal, Fifth District, Case No. F073340.
Rocky Mountain Farmers Union, et al. v. Corey, U.S. District Court (E.D. Cal. Fresno), Case No. 1:09-CV-02234-LJO-DLB; ARB interlocutory appeal, U.S. Court of Appeals, Ninth Circuit, Case No. 12-15131 [remanded to trial court].
American Fuels and Petrochemical Manufacturers, et al. v. Corey, et al., U.S. District Court (E.D. Cal. Fresno), Case No. 1:10-CV-00163-AWI-GSA; ARBï¿½s interlocutory appeal, U.S. Court of Appeals, Ninth Circuit, Case No. 10-CV-00163 [remanded to trial court].
States of New York, California, Vermont, and Maryland, and the Commonwealth of Pennsylvania v. National Highway Traffic Safety Administration, U.S. Court of Appeals, Second Circuit, Case Nos. 17-2780(L) and 17-2806.
Alliance for California Business v. California Air Resources Board, et al., Glenn County Superior Court, Case No. 13CV01232; plaintiffsï¿½ appeal, Court of Appeal, Third District, Case No. C082828.
Jack Cody dba Cody Transport v. California Air Resources Board, et al., Sacramento Superior Court, Case No. 34-2015-80002116; plaintiffï¿½s appeal, Court of Appeal, Third District, Case No. C083083.
John R. Lawson Rock & Oil, Inc. et al. v. California Air Resources Board et al., Fresno County Superior Court, Case No. 14-CECG01494; ARBï¿½s appeal, Court of Appeal, Fifth District, Case No. F074003.
Although no formal Board action may be taken, the Board is allowing an opportunity to interested members of the public to address the Board on items of interest that are within the Boardï¿½s jurisdiction, but that do not specifically appear on the agenda. Each person will be allowed a maximum of three minutes to ensure that everyone has a chance to speak.

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Myrgiotis, V., M. Williams, R. M. Rees, and C. F. E. Topp (in press). Estimating the soil N2O emission intensity of croplands in northwest Europe. Biogeosciences.
López-Blanco, E. J-F. Exbrayat, M. Lund, T. R. Christensen, M.l P. Tamstorf, D. Slevin, G. Hugelius, A. A. Bloom, and M. Williams (in press). Evaluation of terrestrial pan-Arctic carbon cycling using a data-assimilation system. Earth System Dynamics.
White, E.D., M. Rigby, M. F. Lunt, A. L. Ganesan, A. J. Manning, S. O'Doherty, A. R. Stavert, K. M. Stanley, M. Williams, T. L. Smallman, E. Comyn-Platt, P. Levy, M. Ramonet, and P. I. Palmer (in press). Quantifying the UK's Carbon Dioxide Flux: An atmospheric inverse modelling approach using a regional measurement network. Atmospheric Chemistry and Physics .
Lansø, A.S., T. L. Smallman, J. H. Christensen, M. Williams, K. Pilegaard, L.-L. Sørensen, and C. Geels (in press). Simulating the atmospheric CO2 concentration across the heterogeneous landscape of Denmark using a coupled atmosphere-biosphere mesoscale model system. Biogeosciences .
Exbrayat, J.-F., Smallman, T. L., Bloom, A. A., Hutley, L. B. & Williams, M (2018). Inverse determination of the influence of fire on vegetation carbon turnover in the pantropics. Global Biogeochemical Cycles 32: 1776-1789 10.1029/2018GB005925.
López-Blanco, E, M Lund, T R Christensen, M P Tamstorf, T L Smallman, D Slevin, A Westergaard-Nielsen, B U Hansen, J Abermann and M Williams (2018), Plant Traits are Key Determinants in Buffering the Meteorological Sensitivity of Net Carbon Exchanges of Arctic Tundra, J. Geophysical Research Biogeosciences, in press.
Exbrayat, J. F., A. A. Bloom, P. Falloon, A. Ito, T. L. Smallman, and M. Williams (2018), Reliability Ensemble Averaging of 21st century projections of terrestrial net primary productivity reduces global and regional uncertainties, Earth Syst. Dynam., 9: 153-165.
V. Myrgiotis, R. M. Rees, C. F. E. Topp and M. Williams (2018) Improving model prediction of soil N2O emissions through Bayesian calibration Science of the Total Environment 624: 1467-1477.
Corona-Núñez, R. O., J. Campo, and M. Williams (2018), Aboveground carbon storage in tropical dry forest plots in Oaxaca, Mexico, Forest Ecology and Management, 409: 202-214, doi:https://doi.org/10.1016/j.foreco.2017.11.014.
Estop-Aragonés, C., M. D.A. Cooper, J. P. Fisher, A Thierry, M.H. Garnett, D.J. Charman, J.B. Murton, G. K. Phoenix , R. Treharne, N. K. Sanderson, C. R. Burn, S.V. Kokelj, S.A. Wolfe, A. G. Lewkowicz, M. Williams, I. P. Hartley (2018) Limited release of previously-frozen C and increased new peat formation after thaw in permafrost peatlands. Soil Biology and Biochemistry 118: 115-129.
McNicol, I., Ryan, C. R., Dexter, K., Ball, S, & Williams, M (2018) Aboveground carbon storage and its links to forest structure, tree species diversity and floristic composition in south-eastern Tanzania, Ecosystems 21: 740–754.
Butler, E. E., Datta, A., Flores-Moreno, H., Chen, M., Wythers, K. R., Fazayeli, F., Banerjee, A., Atkin, O. K., Kattge, J., Amiaud, B., Blonder, B., Boenisch, G., Bond-Lamberty, B., Brown, K. A., Byun, C., Campetella, G., Cerabolini, B. E. L., Cornelissen, J. H. C., Craine, J. M., Craven, D., de Vries, F. T., Diaz, S., Domingues, T. F., Forey, E., Gonzalez, A., Gross, N., Han, W., Hattingh, W. N., Hickler, T., Jansen, S., Kramer, K., Kraft, N. J. B., Kurokawa, H., Laughlin, D. C., Meir, P., Minden, V., Niinemets, l., Onoda, Y., Penuelas, J., Read, Q., Valladares, F., Sack, L., Schamp, B., Soudzilovskaia, N. A., Spasojevic, M. J., Sosinski, E. E., Thornton, P. E., van Bodegom, P. M., Williams, M., Wirth, C., and Reich, P. B. (2017) Mapping local and global variability in plant trait distributions, Proceedings of National Academy of Sciences, 114(51): E10937-E10946.
Hu, S, L. Shi , Y. Zha, M. Williams, and L. Lin. (2017) Simultaneous state-parameter estimation supports the evaluation of data assimilation performance and measurement design for soil-water-atmosphere-plant system Journal of Hydrology 555: 812-831.
Zhu, P., S. Liangsheng, Y. Zhu, Q. Zhang, K. Huang, and M Williams. (2017) Data assimilation of soil water flow via ensemble Kalman filter: infusing soil moisture data at different scales, Journal of Hydrology 555: 912-925.
Whitley, R., J. Beringer, L. B. Hutley, G.l Abramowitz, M. G. De Kauwe, B. Evans, V. Haverd, L.i Li, C. Moore, Y. Ryu, S. Scheiter, S. J. Schymanski, B. Smith, Y.-P. Wang, M. Williams, and Q. Yu. (2017) Challenges and opportunities in land surface modelling of savanna ecosystems, Biogeosciences 14: 4711-4732.
López-Blanco, E., M. Lund, M. Williams, M. P. Tamstorf, A. Westergaard-Nielsen, J.-F. Exbrayat, B. U. Hansen, and T. R. Christensen (2017) Exchange of CO2 in Arctic tundra: impacts of meteorological variations and biological disturbance, Biogeosciences, 14: 4467-4483.
Milodowski, D.T., E.T.A. Mitchard, M. Williams (2017) Forest loss maps from regional satellite monitoring systematically underestimate deforestation in two rapidly changing parts of the Amazon, Environmental Research Letters 12: 094003.
Cooper, M. D. A., Estop-Aragones, C., Fisher, J. P., Thierry, A., Garnett, M. H., Charman, D. J., Murton, J. B., Phoenix, G. K., Treharne, R., Kokelj, S. V., Wolfe, S. A., Lewkowicz, A. G., Williams, M., and Hartley, I. P. (2017) Limited contribution of permafrost carbon to methane release from thawing peatlands, Nature Climate Change, 7, 507-511, 10.1038/nclimate3328.
Slevin,D., S.F.B. Tett, J-F Exbrayat, A.A. Bloom, M. Williams (2017) Global evaluation of gross primary productivity in the JULES land surface model v3. 4.1, Geoscientific Model Development 10 (7), 2651.
Smallman, T.L., J. -F. Exbrayat, M. Mencuccini, A. A. Bloom and M. Williams (2017) Assimilation of repeated woody biomass observations constrains decadal ecosystem carbon cycle uncertainty in aggrading forests J. Geophysical Research Biogeosciences 122: 528-545.
Ryan, C, M Williams, J Grace, E Woollen, & C Lehmann (2017) Pre-rain green-up is ubiquitous across southern tropical Africa: implications for temporal niche separation and model representation. New Phytologist 213: 625-633.
Myrgiotis, V., M. Williams, R.M. Rees, K.E. Smith, R.E. Thurman & C.F.E. Topp (2016) Model evaluation in relation to soil N2O emissions: An algorithmic method which accounts for variability in measurements and possible time lags. Environmental Modelling & Software 84:251-262.
Whitley, R., Beringer, J., Hutley, L. B., Abramowitz, G., De Kauwe, M. G., Duursma, R., Evans, B., Haverd, V., Li, L.,Ryu, Y., Smith, B., Wang, Y. P., Williams, M. Yu, Q. (2016) A model inter-comparison study to examine limiting factors in modelling Australian tropical savannah. Biogeosciences, 13: 3245-3265.
Fisher, J.P., C. Estop-Aragonés, A. Thierry, D. J. Charman, S. Wolfe, I. P. Hartley, J. B. Murton, M. Williams, G. K. Phoenix (2016) The influence of vegetation and soil characteristics on active-layer thickness of permafrost soils in boreal forest. Global Change Biology 22: 3127–3140.
Bloom, A.B., J-F Exbrayat , I. R. van der Velde , L. Feng , M. Williams (2016) The decadal state of the terrestrial carbon cycle: global retrievals of terrestrial carbon allocation, pools and residence times. Proceedings of the National Academy of Sciences 113: 1285-1290.
Safta, C., Ricciuto, D. M., Sargsyan, K., Debusschere, B., Najm, H. N., Williams, M., and Thornton, P. E. (2015) Global sensitivity analysis, probabilistic calibration, and predictive assessment for the data assimilation linked ecosystem carbon model, Geosci. Model Dev., 8, 1899-1918, doi:10.5194/gmd-8-1899-2015.
Hill T.C., C.M. Ryan, and M. Williams (2015). A framework for estimating forest disturbance intensity from successive remotely sensed biomass maps: moving beyond average biomass loss estimates. Carbon Balance and Management 10: 27.
Slevin, D., S. F. B. Tett, and M. Williams (2015) Multi-site evaluation of the JULES land surface model using global and local data. Geoscientific Model Development: 8:295-316.
Bloom, A.A. & M. Williams (2015). Constraining ecosystem carbon dynamics in a data-limited world: integrating ecological “common sense” in a model-data-fusion framework. Biogeosciences 12, 1299-1315.
Sus, O., R. Poyatos, J. Barba, N. Carvalhais, P. Llorens, M. Williams, and J. M. Vilalta (2014) Time variable hydraulic parameters improve the performance of a mechanistic stand transpiration model. A case study of Mediterranean Scots pine sap flow data assimilation. Agricultural and Forest Meteorology 198–199:168-180.
Thomas RQ, Williams M. (2014). A model using marginal efficiency of investment to analyse carbon and nitrogen interactions in terrestrial ecosystems (ACONITE Version 1). Geoscientific Model Development 7, 2015-2037.
Williams, M. (2014). 'That great big broad land 'way up yonder': biogeochemical cycling and climate change in the high latitudes. iLEAPS Newsletter 14: 21-24.
Bonan GB, Williams M, Fisher RA, Oleson KW (2014). Modeling stomatal conductance in the Earth system: linking leaf water-use efficiency and water transport along the soil-plant-atmosphere continuum. Geoscientific Model Development . 7: 2193-2222.
Williams, M., E.B. Rastetter, L. van der Pol & G.R. Shaver (2014). Arctic canopy photosynthetic efficiency enhanced under diffuse light, linked to a reduction in the fraction of the canopy in deep shade. New Phytologist: 202, 1267-1276.
Saito, M., S. Luyssaert, B. Poulter, M. Williams, P. Ciais, V. Bellassen, C. M. Ryan, C. Yue, P. Cadule, and P. Peylin (2014), Fire regimes and variability in aboveground woody biomass in miombo woodland, J. Geophysical Research Biogeosci.., 119: 1014-1029, doi:10.1002/2013JG002505.
van de Weg, M., Meir, P., Williams, M., Girardin, C., Malhi, Y., Silva-Espejo, J., Grace, J.G. (2014). Gross Primary Productivity of a high elevation tropical montane cloud forest. Ecosystems 17: 751-764.
Ruehr, N.K., B..E Law, D. Quandt & Williams M. (2014). Effects of heat and drought on carbon and water dynamics in a regenerating semi-arid pine forest: a combined experimental and modeling approach. Biogeosciences 11: 4139-4156.
Smallman, T.L., M. Williams and J. B. Moncrieff (2014) Can seasonal and interannual variation in landscape CO2 fluxes be detected by atmospheric observations of CO2 concentrations made at a tall tower? Biogeosciences, 11: 735-747.
Ciais, P., A. J. Dolman, A. Bombelli, R. Duren, A. Peregon, P. J. Rayner, C. Miller, N. Gobron, G. Kinderman, G. Marland, N. Gruber, F. Chevallier, R. J. Andres, G. Balsamo, L. Bopp, F. M. Bréon, G. Broquet, R. Dargaville, T. J. Battin, A. Borges, H. Bovensmann, M. Buchwitz, J. Butler, J. G. Canadell, R. B. Cook, R. DeFries, R. Engelen, K. R. Gurney, C. Heinze, M. Heimann, A. Held, M. Henry, B. Law, S. Luyssaert, J. Miller, T. Moriyama, C. Moulin, R. B. Myneni, C. Nussli, M. Obersteiner, D. Ojima, Y. Pan, J. D. Paris, S. L. Piao, B. Poulter, S. Plummer, S. Quegan, P. Raymond, M. Reichstein, L. Rivier, C. Sabine, D. Schimel, O. Tarasova, R. Valentini, G. van der Werf, D. Wickland, M. Williams, and C. Zehner. 2014. Current systematic carbon cycle observations and needs for implementing a policy-relevant carbon observing system. Biogeosciences 11:3547-3602.
Rowland, L., Stahl, C., Bonal, D., Siebicke, L., Williams, M. & Meir, P. (2013) The Response of Tropical Rainforest Dead Wood Respiration to Seasonal Drought, Ecosystems 16:1294-1309.
Stoy, P. C., Williams, M., Evans, J. G., Prieto-Blanco, A., Disney, M., Hill, T. C., Ward, H. C., Wade, T. J., and Street, L. E. (2013) Upscaling Tundra CO2 Exchange from Chamber to Eddy Covariance Tower. Arctic, Antarctic, and Alpine Research, 45, 275-284.
Powell, T. L., Galbraith, D. R., Christoffersen, B. O., Harper, A., Imbuzeiro, H., Rowland, L., Almeida, S., Brando, P. M., Costa, A. C. L., Costa, M. H., Levine, N. N., Malhi, Y., Saleska, S. R., Sotta, E., Williams, M., Meir, P., and Moorcroft, P. R. (2013) Confronting model predictions of carbon fluxes with measurements of Amazon forests subjected to experimental drought. New Phytologist, 200, 350-365.
Revill, A, O. Sus, B. Barrett, and M. Williams (2013) Carbon cycling of European croplands: a framework for the assimilation of optical and microwave Earth observation data.. Remote Sensing of the Environment, 137: 84-93.
Smallman, T.L., J. B. Moncrieff, and M. Williams (2013) WRFv3.2-SPAv2: development and validation of a coupled ecosystem–atmosphere model, scaling from surface fluxes of CO2 and energy to atmospheric profiles. Geoscientific Model Development, 6, 1079-1093.
Hill, T.C, Williams, M., Bloom, A.A., Mitchard, E.T.A., & Ryan, C.M. (2013) Are inventory based and remotely sensed above-ground biomass estimates consistent? PLOS ONE, DOI: 10.1371/journal.pone.0074170.
Wright, J. K., M. Williams, G. Starr, J. McGee, & R. Mitchell (2013). Measured and modelled leaf and stand-scale productivity across a soil moisture gradient and a severe drought. Plant, Cell and Environment: 36: 467-483.
Fisher, J. A., G. Patenaude, P. Meir, A. J. Nightingale, M. D. A. Rounsevell, M. Williams and I. H. Woodhouse (2013). Strengthening conceptual foundations: analysing frameworks for ecosystem services and poverty alleviation research, Global Environmental Change 23: 1098-1111.
Street, L. E., J.-A. Subke, M. Sommerkorn, V. Sloan, H. Ducrotoy, G. K. Phoenix, and M. Williams. 2013. The role of mosses in carbon uptake and partitioning in arctic vegetation. New Phytologist 199:163-175.
Williams, M, T.C. Hill & C.M. Ryan (2013). Using biomass distributions to determine probability and intensity of tropical forest disturbance, Plant Ecology and Diversity: 6, 87-99.
Mitchard, E.T.A, P. Meir, C. M. Ryan, E. S. Woollen, M. Williams, L.E. Goodman, J.A. Mucavele, P.Watts, I.H. Woodhouse & S. S. Saatchi (2013) A novel application of satellite radar data: measuring carbon sequestration and detecting degradation in a community forestry project in Mozambique, Plant Ecology and Diversity: 6, 159-170.
Meir, P, M. Mencuccini, M. Williams & F. Magnani (2013) Forests, instruments and ideas; a tribute to John Grace's career, Plant Ecology and Diversity: 6, 3-6.
Ryan, CM, M Williams, TC Hill, J Grace, IH Woodhouse (2013) Assessing the Phenology of Southern Tropical Africa: A Comparison of Hemispherical Photography, Scatterometry, and Optical/NIR Remote Sensing, Geoscience and Remote Sensing, IEEE Transactions: 99, 1-10.
Sus, O., M. W. Heuer, T. P. Meyers, and M. Williams (2013) A data assimilation framework for constraining upscaled cropland carbon flux seasonality and biometry with MODIS Biogeosciences: 10, 2451-2466.
Saatchi, S., L. Ulander, M. Williams, S. Quegan, T. LeToan,	H. Shugart & J. Chave (2012) Forest biomass and the science of inventory from space, Nature Climate Change 2, 826-827.
McGuire, A., T. Christensen, D. Hayes, A. Heroult, E. Euskirchen, Y. Yi, J. Kimball, C. Koven, P. Lafleur, P. Miller ,W. Oechel, P. Peylin, M. Williams, and Y. Yi. (2012) An assessment of the carbon balance of arctic tundra: comparisons among observations, process models, and atmospheric inversions. Biogeosciences 9:3185-3204.
Quegan, S.Q., T. LeToan, J Chave, J. Dall, K. Pappathanassiou, F. Rocca, L. Ulander and M. Williams (2012) BIOMASS: report for mission selection. European Space Agency, Norwiijk, Netherlands.
Woollen, E., C.M Ryan, and M. Williams (2012). Carbon stocks in an African woodland landscape: spatial distributions and scales of variation. Ecosystems 15: 804-818.
Stringer, LC, AJ Dougill, AD Thomas, DV Spracklen, S Chesterman, C Ifejika Speranza, H Rueff, M Riddell, M Williams, T Beedy, DJ Abson, P Klintenberg, S Syampungani, P Powell, AR Palmer, MK Seely, DD Mkwambisi, M Falcao, A Sitoe, S Ross, & G Kopolo (2012). Challenges and opportunities in linking carbon sequestration, livelihoods and ecosystem service provision in drylands, Environmental Science and Policy, 19-20, pp.121-135. doi:10.1016/j.envsci.2012.02.004.
Chew, YH, AM Wilczek, M Williams, SM Welch, J Schmitt, & KJ Halliday (2012) An augmented Arabidopsis phenology model reveals seasonal temperature control of flowering time. New Phytologist 194: 654–665.
Street, L., P. Stoy, M. Sommerkorn, B. Fletcher, V. Sloan, T.C. Hill, & M. Williams (2012). Seasonal bryophyte productivity in the sub-Arctic: a comparison with vascular plants. Functional Ecology 26: 365–378.
Ryan, C. M., T. C. Hill, E. Woollen, C. Ghee, E. T. A. Mitchard, G. Cassells, J. Grace, I. H. Woodhouse, and M. Williams. 2012. Quantifying small-scale deforestation and forest degradation in African woodlands using radar imagery. Global Change Biology 18: 243-257.
Hill, T.C., E. Ryan and M. Williams (2012) The use of CO2 flux time series for parameter and carbon stock estimation in carbon cycle research. Global Change Biology 18: 179-193.
Ryan, C.M. , M. Williams & J Grace (2011) Above and Below Ground Carbon Stocks in a Miombo Woodland Landscape of Mozambique. Biotropica 43: 423-432.
Street, L.E. , J.A. Subke, M. Sommerkorn, A. Heinemeyer, & M.Williams (2011) Turnover of recently assimilated carbon in arctic bryophytes. Oecologia. 167: 325:337.
Macinnis-Ng, C., M. Zeppel, M. Williams and D Eamus (2011) Applying a SPA model to examine the impact of climate change on GPP of open woodlands and the potential for woody thickening. Ecohydrology 4: 379-93.
Hill, T.C., M. Williams, F. I. Woodward and J. B. Moncrieff (2011) Constraining ecosystem processes from tower fluxes and atmospheric profiles. Ecological Applications 21:1474-1489.
Spadavecchia, L., M. Williams and B.E. Law (2011) Uncertainty in predictions of forest carbon dynamics - separating driver error from model error. Ecological Applications 21: 1506-1522.
Hill, T. C., Quaife, T. and Williams, M. (2011) A data assimilation method for using low-resolution Earth Observation data in heterogeneous ecosystems. J. of Geophysical Research 116:D08117.
De Kauwe, M. G., M. I. Disney, T. Quaife, P. Lewis, and M. Williams. (2011). An assessment of the MODIS collection 5 leaf area index product for a region of mixed coniferous forest. Remote Sensing of Environment 115:767-780.
Ciais, P , A. Bombelli, M. Williams, S.L. Piao, J. Chave, C.M. Ryan, M. Henry, P. Brender & R. Valentini (2011) The Carbon balance of Africa: Synthesis of Recent Research Studies. Phil. Trans. R. Soc. A 369: 2038-2057.
Scipal, K., M. Arcioni, J. Chave, J. Dall, F. Fois, T. LeToan, C. Lin, K. Papathanassiou, S. Quegan, F. Rocca, S. Saatchi, H. Shugart, L. Ulander, and M. Williams. 2010. The BIOMASS mission—An ESA Earth Explorer candidate to measure the BIOMASS of the earth's forests. Proc. IGARSS 2010:52-55.
Grace, J., C. Ryan, M. Williams, P. Powell, L. Goodman, and R. Tipper. 2010. A pilot project to store carbon as biomass in African woodlands. Carbon Management 1:227-235.
Wattenbach, M., O. Sus, N. Vuichard, S. Lehuger, P. Gottschalk, L. Li, A. Leipe, M. Williams, E. Tomelleri, W. Kutsch, N. Buchmann, W. Eugster, D.Dietiker, M. Aubinet, E. Ceschia, P. Béziat, T. Grünwald, A. Hastings, B. Osborne, P. Ciais, P. Cellier, P. Smith (2010) The carbon balance of European croplands: A cross-site comparison of simulation models. Agriculture, Ecosystems and Environment 139: 419-53.
Sus, O., M. Williams, C. Bernhofer, P. Beziat, N. Buchmann, E. Ceschia, R. Doherty, W. Eugster, T. Gruenwald, W. Kutsch, P. Smith, M. Wattenbach (2010) A linked carbon cycle and crop developmental model: description and evaluation against measurements of carbon fluxes and carbon stocks at several European agricultural sites. Agriculture, Ecosystems and Environment 139: 402-418.
Metcalfe, D. B., P. Meir, L. E. O. C. Aragão, T. F. Domingues, R. Lobo-do-Vale, M. M. Chaves, J. P. Maroco, A. C. L. da Costa, S. S. de Almeida, A. P. Braga, P. H. L. Gonçalves, J. de Athaydes, M. da Costa, T. T. B. Portela, A. A. R. de Oliveira, Y. Malhi, M. Williams (2010) Shifts in plant respiration and carbon use efficiency at a large-scale drought experiment in the eastern Amazon. New Phytologist 187:608-621.
Galbraith ,D., P.E. Levy, S. Sitch, C. Huntingford, P. Cox, M. Williams, P. Meir (2010) Multiple mechanisms of Amazonian forest biomass losses in three dynamic global vegetation models (DGVMs) under climate change. New Phytologist 187:647-665.
Rastetter, E. B., M. Williams, K. L. Griffin, B. L. Kwiatkowski, G. Tomasky, M. J. Potosnak, P. C. Stoy, G. R. Shaver, M. Stieglitz, J. E. Hobbie, and G. W. Kling (2010) Processing arctic eddy-flux data using a simple carbon-exchange model embedded in the ensemble Kalman filter. Ecological Applications 20: 1285-1301.
Metcalfe, D. B., R. Lobo-do-Vale, M. M. Chaves, J. P. Maroco, L. Aragao, Y. Malhi, A. L. Da Costa, A. P. Braga, P. L. Goncalves, J. De Athaydes, M. Da Costa, S. S. Almeida, C. Campbell, V. Hurry, M. Williams, and P. Meir (2010) Impacts of experimentally imposed drought on leaf respiration and morphology in an Amazon rain forest. Functional Ecology 24:524-533.
Richardson, A. D., M. Williams, D. Y. Hollinger, D. J. P. Moore, D. B. Dail, E. A. Davidson, N. A. Scott, R. S. Evans, H. Hughes, J. T. Lee, C. Rodrigues, and K. Savage. 2010. Estimating parameters of a forest ecosystem C model with measurements of stocks and fluxes as joint constraints. Oecologia 164:25-40.
Alton, P., Fisher, R., Los, S. & Williams, M. (2009) Simulations of global evapotranspiration using semiempirical and mechanistic schemes of plant hydrology. Global Biogeochemical Cycles, 23 GB4023 .
Mitchard, E. T. A., S. S. Saatchi, I. H. Woodhouse, G. Nangendo, N. S.Ribeiro, M. Williams, C. M. Ryan, S. L. Lewis, T. R. Feldpausch, and P. Meir (2009). Using satellite radar backscatter to predict above-ground woody biomass: A consistent relationship across four different African landscapes , Geophys. Res. Lett., 36, L23401, doi:10.1029/2009GL040692.
Hernández-Santana, V, J Martínez-Vilalta, J Martínez-Fernández & M Williams (2009) Evaluating the effect of drier and warmer conditions on water use by Quercus pyrenaica, Forest Ecology and Management 258: 1719-1730.
Stoy, PC, AD Richardson, DD Baldocchi, GG Katul, J Stanovick, MD Mahecha, M Reichstein, M Detto, BE Law, G Wohlfahrt, N Arriga, J Campos, JH McCaughey, L Montagnani, KT Paw U, S Sevanto, and M Williams (2009) Biosphere-atmosphere exchange of CO2 in relation to climate: a cross-biome analysis across multiple time scales, Biogeosciences, 6, 2297-2312.
Fox, A, M Williams, AD Richardson, D Cameron, JH Gove, T Quaife, D Ricciuto, M Reichstein, E Tomelleri, C Trudinger, MT van Wijk (2009) The REFLEX project: comparing different algorithms and implementations for the inversion of a terrestrial ecosystem model against eddy covariance data, Agricultural and Forest Meteorology 149, 1597–1615.
Stoy, PC, M Williams, M Disney, A Prieto-Blanco, B Huntley, R Baxter, & P Lewis (2009) Upscaling as ecological information transfer: a simple framework with application to Arctic ecosystem carbon exchange. Landscape Ecology 24: 971-986.
Williams, M, AD Richardson, M Reichstein, PC Stoy, P Peylin, H Verbeeck, N Carvalhais, M Jung, DY Hollinger, J Kattge, R Leuning, Y Luo, , E Tomelleri, C Trudinger, and Y-P Wang (2009). Improving land surface models with FLUXNET data, Biogeosciences, 6, 1341-1359.
Stoy, PC, M Williams, L Spadavecchia, R Bell, A Prieto-Blanco, J Evans and M T van Wijk (2009) Using information theory to determine optimum pixel size and shape for ecological studies: Aggregating land surface characteristics in Arctic ecosystems. Ecosystems 12: 574-589..
Spadavecchia, L & M. Williams (2009) Can Spatio-Temporal Geostatistical Methods Improve High Resolution Regionalisation of Meteorological Variables? Agricultural and Forest Meteorology 149: 1105-1117.
Hill, TC, M. Williams and J. B. Moncrieff (2008) Modelling feedbacks between a boreal forest and the planetary boundary layer. Journal of Geophysical research 113, D15122.
Metcalfe, DB , P Meir, LEOC Aragão, ACL da Costa, AP Braga, PHL Gonçalves, J de Athaydes Silva Junior, SS de Almeida, LA Dawson, Y Malhi, M Williams (2008) The effects of water availability on root growth and morphology in an Amazon rainforest. Plant and Soil 311, 189-199.
Zeppel, M, C Macinnis-Ng, A Palmer, D Taylor, R Whitley, S Fuentes, I Yunusa, M Williams and D Eamus (2008) An analysis of the sensitivity of sap flux to soil and plant variables assessed for an Australian woodland using SPA. Functional Plant Biology 35:509-520.
Spadavecchia, L, M Williams, R Bell, PC Stoy, B Huntley & MT van Wijk (2008) Topographic Controls on the Leaf Area Index and Plant Functional Type of a Tundra Ecosystem. Journal of Ecology 96: 1238-1251.
Fisher, RA, M Williams, M de Lourdes Ruivo, A L da Costa & P Meir (2008) Evaluating climatic and edaphic controls on dry season gas exchange at two Amazonian rain forest sites. Agricultural and Forest Meteorology 148: 850-861.
Metcalfe D, P Meir, L Aragão, A da Costa, S Almeida, A Braga, P Goncalves, J Athaydes, Y Malhi & M Williams (2008) Sample sizes for estimating key ecosystem characteristics in a tropical terra firme rainforest. Forest Ecology and Management 255: 558–566.
Williams M, Bell R, Spadavecchia L, Street LE, van Wijk MT (2008) Upscaling leaf area index in an Arctic landscape through multi-scale observations. Global Change Biology 14:1517-1530.
Quaife, T, P Lewis, M De Kauwe, M Williams, BE Law, M Disney & P Bowyer (2008) Assimilating Canopy Reflectance data into an Ecosystem Model with an Ensemble Kalman Filter. Remote Sensing of the Environment.111: 1347-1364.
Williams M, CM Ryan, RM Rees, E Sambane, J Fernando and J Grace. (2008) Carbon sequestration and biodiversity of re-growing miombo woodlands in Mozambique. Forest Ecology and Management, 254: 145-155.
Metcalfe D, M Williams & P Meir (2007) A comparison of methods for converting rhizotron root length measurements into estimates of root mass production per unit ground area. Plant and Soil301: 279-288.
Metcalfe, DN, P Meir, LEOC Aragão, Y Malhi, ACL da Costa, A Braga, PHL Gonçalves, J de Athaydes, SS de Almeida, and M Williams (2007) Factors controlling spatio-temporal variation in carbon dioxide efflux from surface litter, roots and soil organic matter at four rain forest sites in the eastern Amazon. Journal of Geophysical Research 112: G04001, doi:10.1029/2007JG000443.
Fisher RA, M Williams, A Lola da Costa, Y Malhi, RF da Costa, S Almeida and PW Meir (2007) The response of an Eastern Amazonian rain forest to drought stress: Results and modelling analyses from a through-fall exclusion experiment. Global Change Biology 13: 1-18.
Shaver, GR, LE Street, EB Rastetter, MT. van Wijk and M Williams (2007) Functional convergence in regulation of net CO2 flux in heterogeneous tundra landscapes in Alaska and Sweden. Journal of Ecology 95: 802-817.
Street, LE, GR Shaver, M Williams & MT van Wijk (2007) What is the relationship between changes in canopy leaf area and changes in photosynthetic CO2 flux in arctic ecosystems? Journal of Ecology 95: 139-150.
Metcalfe, DB, M Williams, LEOC Aragao et al. (2007) A method for extracting plant roots from soil which facilitates rapid sample processing without compromising measurement accuracy. New Phytologist 174: 697-703.
Williams, M, LE Street, MT Van Wijk, GR Shaver (2006). Identifying differences in carbon exchange among arctic ecosystem types. Ecosystems 9: 288-304.
Aragao, L.E.O.C., Y. E. Shimabukuro, F. D. B. Espirito Santo and M. Williams (2005) Spatial validation of collection 4 MODIS LAI product in Eastern Amazon. IEEE TGRS 43, 2526- 2534.
Aragao, L.E.O.C., Y.E. Shimabukuro, F.D.B. Espirito Santo & M. Williams (2005). Landscape pattern and spatial variability of leaf area index in Eastern Amazonia. Forest Ecology and Management 211, 240-256.
Van Wijk, M.T. and M. Williams (2005). Optical instruments for measuring leaf area index in low vegetation: application in arctic ecosystems. Ecological Applications 15, 1462-1470.
Williams, M., P.A. Schwarz, B.E. Law, J. Irvine & M. Kurpius (2005). An improved analysis of forest carbon dynamics using data assimilation. Global Change Biology 11, 89-105.
Winner WE, SC Thomas, JA Berry, BJ Bond, CE Cooper, TM Hinckley, JR Ehleringer, JE Fessenden, B Lamb, S McCarthy, NG McDowell, N Phillips & M Williams (2004). Canopy carbon gain and water use: Analysis of old-growth conifers in the Pacific Northwest. Ecosystems 7: 482-497.
Grace, J. and M. Williams (2004) Understanding and parameterizing the soil-water-atmosphere transfer through vegetation, In: "Unsaturated-zone modeling progress, challenges and applications", edited by R.A. Feddes, G.H.de Rooij & J.C. van Dam. Frontis.
Williams, M., F I Woodward, D D Baldocchi, D Ellsworth (2004) CO2 capture from the leaf to the landscape, In: "Photosynthetic Adaptation: Chloroplast to Landscape", edited by W.K. Smith, T.C. Vogelmann & C Critchley. Ecological Studies 178, Springer.
Van Wijk, M.T., K. E. Clemmensen, G.R. Shaver, M. Williams, et al. (2004) Long-term ecosystem level experiments at Toolik Lake, Alaska, and at Abisko, Northern Sweden: generalisations and differences in ecosystem and plant type responses to global change. Global Change Biology 10: 105-123.
Herbert, D.A., M. Williams, & E. B. Rastetter (2003) A model analysis of N and P limitation on carbon accumulation in Amazonian secondary forest after alternate land-use abandonment. Biogeochemistry 65: 121-150.
Van Wijk, M.T., M. Williams, J.A. Laundre, & G.R. Shaver (2003) Inter-annual variability of plant phenology in tussock tundra: modelling interactions of plant productivity, plant phenology, snowmelt and soil thaw. Global Change Biology, 9: 743-758.
Williams, M., Y.E. Shimabukuro, D.A. Herbert, S. Pardi Lacruz, C. Renno and E.B. Rastetter (2002) Heterogeneity of soils and vegetation in eastern Amazonian rain forest; implications for scaling up biomass and production. Ecosystems, 5: 692-704.
Engel, V.C., M. Stieglitz, M. Williams and K.L. Griffin (2002) Forest canopy hydraulic properties and catchment water balance: observations and modeling. Ecological Modelling 154: 263-288.
Williams, M., Rastetter, E. B., Shaver, G. R., Hobbie, J. E., Carpino, E. and Kwiatkowski, B. L. (2001). Primary production in an arctic watershed; an uncertainty analysis. Ecological Applications 11: 1800-1816.
Williams, M., Bond, B.J., & Ryan M.G. (2001) Evaluating different soil and plant hydraulic constraints on tree function using a model and sap flow data from ponderosa pine. Plant, Cell and Environment 24:679-690.
Williams, M., W. Eugster, E.B. Rastetter, J.P. McFadden & F.S. Chapin III (2000) The controls on net ecosystem productivity along an arctic transect: a model comparison with flux measurements. Global Change Biology 6: (suppl. 1) 116-126.
Law, B.E., M. Williams, P.M. Anthoni, D.D. Baldocchi, & M.H. Unsworth (2000) Measuring and modelling seasonal variation of carbon dioxide and water vapour exchange of a Pinus ponderosa forest subject to soil water deficit. Global Change Biology 6: 613-630.
Hobbie, E.A., S. A. Macko & M. Williams (2000) Correlations between foliar nitrogen levels and isotopic ratios indicate possible plant-mycorrhizal interactions. Oecologia 122:272-283.
Rastetter, E.B., L. Gough, A. E. Hartley, D.A Herbert, K.J. Nadelhoffer & M. Williams (1999) A revised assessment of species redundancy and ecosystem reliability. Conservation Biology13:440-443.
Williams, M., Y. Malhi, A. Nobre, E. B. Rastetter, J. Grace and M.G.P. Pereira (1998) Seasonal variation in net carbon exchange and evapotranspiration in a Brazilian rain forest: a modelling analysis. Plant, Cell and Environment 21: 953-968.
Waring, R.H., J.J. Landsberg and M. Williams (1998) Net primary production of forests: a constant fraction of gross primary production? Tree Physiology 18: 129-134.
Cebrian, J., M. Williams, J. W. McClelland, & I. Valiela (1998) The dependence of heterotrophic consumption and C accumulation on autotrophic nutrient content in ecosystems. Ecology Letters 1:165-170.
Williams, M., E.B Rastetter, D.N Fernandes, M.L. Goulden, G.R. Shaver & L.C. Johnson (1997) Predicting gross primary productivity in terrestrial ecosystems. Ecological Applications 7: 882-894.
Williams, M., E.B. Rastetter, D.N. Fernandes, M.L. Goulden, S.C. Wofsy, G.R. Shaver, J.M. Melillo, J.W. Munger, S.-M. Fan, and K.J. Nadelhoffer (1996) Modelling the soil-plant-atmosphere continuum in a Quercus-Acer stand at Harvard Forest: the regulation of stomatal conductance by light, nitrogen and soil/plant hydraulic properties. Plant, Cell and Environment 19: 911-927.
Williams, M. (1996) A three-dimensional model of forest development and competition. Ecological Modelling 89: 73-98.
Williams, M. & R.D. Yanai (1996) Multi-dimensional sensitivity analysis and ecological implications of a nutrient uptake model. Plant and Soil 180: 311-324.

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Privilege Underwriters Reciprocal Exchange v. Peter Grayson: When a bona fide justiciable controversy exists in a declaratory judgment action, the trial court has jurisdiction to adjudicate the coverage questions without first finding the damages issues.
While riding his motorcycle, Peter Grayson was involved in an accident with a vehicle being driven by an uninsured motorist on October 1, 2012. Rather than suing the uninsured motorist, he made a claim with his personal uninsured motorist (“UM”) carrier, which tendered the policy limits of $50,000.00. Grayson then made a claim with Privilege Underwriters Reciprocal Exchange (“PURE”), on a UM policy issued to Robert Knizley, under which Grayson’s sister Mrs. Knizley was a named insured.
Thereafter, on January 17, 2014, PURE filed a declaratory judgment complaint (under Alabama Code § 6-6-220, the Declaratory Judgment Act) against Grayson, seeking a determination that Grayson was not covered under Knizley’s policy, because PURE alleged that Grayson was not a resident of his sister’s household at the time of the accident. Grayson answered and filed a counterclaim for UM benefits, alleging that he had been a resident of his sister’s household at the time of the accident.
After undertaking significant discovery, PURE filed a motion for summary judgment, which the trial court denied, concluding that there was sufficient disputed material evidence that the matter should be put before a jury. PURE then filed a motion for bifurcated, separate trials for the claims made by PURE and the counterclaims asserted by Grayson. The parties agreed that the coverage issue should be tried first. At trial, the parties conceded that should PURE prevail in the coverage trial, the entire case would be over. A jury trial was held in January 2016, and the jury returned a verdict in PURE’s favor, finding that Grayson was not covered under the Knizley policy.
Grayson filed a motion to vacate the judgment, pursuant to Alabama Rule of Civil Procedure 60(b)(4), which Grayson contended was void for lack of subject matter jurisdiction. Grayson argued that no justiciable controversy existed at the time of the trial because in PURE’s declaratory judgment complaint it essentially had requested an advisory opinion that Grayson was not covered under the policy assuming that he recovered damages on his claims against PURE. At the time of the trial, he had not made a recovery. The trial court granted Grayson’s motion for a new trial, and further instructed that the damages issue would be tried first with the coverage issue to follow, if necessary. PURE appealed to the Supreme Court of Alabama. Privilege Underwriters Reciprocal Exchange v. Peter Grayson [Ms. 1150927]. — So.3d — (Ala. Dec. 16, 2016).
In the matter at hand, it found that a justiciable controversy existed at the time PURE filed its action insomuch as PURE alleged a justiciable controversy between PURE and Grayson regarding Grayson’s status as an insured. As defined under the policy, if Grayson was not an insured, he would have no coverage and would not be entitled to benefits under the policy. Therefore, because a justiciable controversy existed between the parties, the trial court had jurisdiction to adjudicate the matter, and did not require a finding of the damages issue prior to a determination being made concerning the insurer’s obligations under the policy.
The courts have been busy in 2016 addressing issues of discovery, and interpreting and rewriting the rules of civil procedure. Each of the below links will take you to either a case brief or memoranda analyzing these developments.
Maria Graham v. City of Talladega: An amended pleading is a nullity if it does not comply with ARCP 15, and once the original claims are dismissed, a party has 42 days from the date of dismissal to file an appeal, pursuant to ARCP 4.
Ex parte Tidra Corporation: A trial court may only require a party to submit to a mental examination under Alabama Rule of Civil Procedure 35, if one of parties requests such relief and demonstrates good cause.
2016 Amendments to FRCP 4, 6, and 82: A breakdown of the amendments to Rules 4, 6, and 82 of the Federal Rules of Civil Procedure, effective December 1, 2016.
Amendments to ARCP 4: A review of the July 1, 2016, amendments to Rule 4 of the Alabama Rules of Civil Procedure.
Ex parte North American Adjusters, Inc.: Under Alabama Rule of Civil Procedure 38, a jury demand is required to be endorsed, but not signed.
Ex parte Dr. Barbara Johnson: When a minor child is not a party to a custody dispute, his psychiatric records are privileged and not subject to an exception.
Guidelines for the Discoverability of Social Media Content in Civil Litigation: What social media content is discoverable, permissible methods of obtaining social media content, and authenticating social media content for admissibility at trial.
How to Respond to an Objection to Social Media Discovery Requests: Social media content is subject to discovery under the broad definitions provided in the discovery rules of the Alabama Rules of Civil Procedure and is not usually privileged or protected by privacy rights.
ENT Associates of Alabama, P.A., et al. v. Lauryn Diane Hoke: Where a plaintiff has no bona fide intent to serve defendants at the time a complaint is filed or prior to the running of the statute of limitations, the action is not commenced and is time-barred.
Carrie Crews v. Grace Jackson: Pursuant to Alabama Rule of Civil Procedure 64B, when a judgment creditor has failed to contest garnishment exemption claims, a court has no discretion to determine whether to dismiss a garnishment proceeding or to modify a writ of garnishment.
On December 13, 2016, the Federal Motor Carrier Safety Administration (FMCSA) announced the rate at which motor carriers will be required to administer random controlled substance testing on commercial drivers for 2017.
What is the random controlled substance testing rate?
Under 49 C.F.R. § 382.305, motor carriers are required annually to administer random controlled substance testing on a certain minimum percentage of its average number of driver positions. For 2017, the FMCSA is keeping the random testing rate at 25% for controlled substances, just as it was in 2016.
Per the statute, the requisite testing percentage is determined by the results of national testing surveys from prior years. § 382.305 sets the minimum testing rate at 25% for controlled substances unless at any time the data received from the surveys indicates that that violation rate (or positive test results) is equal to or greater than 1.0% for drivers tested, at which time the random controlled substance testing rate requirement will jump to 50%. The random controlled substance testing rate will then remain at 50% until for two consecutive calendar years the positive test result rate is below 1.0%, after which the FMCSA may lower the rate back to 25%.
What effect does the controlled substance testing rate have on litigation in Alabama?
If motor carriers and drivers are acting in compliance with the Federal Motor Carrier Safety Regulations, and particularly 49 C.F.R. § 382.305, then you should not expect it to have any affect of litigation. However, if a commercial driver is involved in a motor vehicle accident and the motor carrier has not been compliant with alcohol and drug testing regulations, there is potential for a problem.
Alabama recognizes a claim for negligent hiring, training, retention, or supervision of an employee. To prove such a claim in the context of a commercial motor vehicle case, a plaintiff must show that (1) the commercial driver was incompetent to operate the vehicle, (2) the motor carrier was or should have been aware of the driver’s incompetence, and (3) the plaintiff was injured as a result of the driver’s incompetence.” See Gardner v. State Farm Mut. Auto. Ins. Co., 842 So. 2d 1 (Ala.Civ.App. 2002). A showing of a driver’s incompetence must be made by demonstrating specific acts of incompetence. See Lane v. Central Bank of Alabama, N. A., 425 So. 2d 1098 (Ala. 1983).
Incompetence can be shown through failed drug tests, among other things. If a driver fails a post-accident drug test and the motor carrier has been non-compliant with FMCSA random controlled substance testing, a plaintiff may be able to establish liability against the motor carrier for negligent retention of the driver. The argument would be that had the motor carrier been in compliance with the FMCSR, it would or should have known of the driver’s incompetence, arising from his use or abuse of a controlled substance.
Whereas, if the motor carrier is compliant with the alcohol and drug testing provisions of 49 C.F.R. § 382.305, the motor carrier is less likely to be liable for a driver who is involved in an accident and subsequently fails a post-accident drug test.
Photo by Raymond Clark Images.


(a) Fines collected under the penal provisions of the act and civil penalties collected under the act shall be paid into the treasury of the Commonwealth in a special fund known as the Dams and Encroachments Fund.
(b) Moneys paid into the Dams and Encroachments Fund may be disbursed at the discretion of the Department for use in the elimination of hazards to life, property and the environment resulting from unsafe dams, water obstructions and encroachments.
(1) Conducting investigations, tests and analyses as required to carry out the purposes of the act, including costs of entry; testing and sampling; and examining books, papers and records.
(2) Undertaking corrective action, repair work or removal to eliminate an actual or potentially dangerous or hazardous condition of a dam, water obstruction or encroachment as provided under section 14(c) of the act (32 P. S. § 693.14(c)).
(3) Purchasing contractual services and consultation from firms and individuals with relevant expertise in the field of safety of dams, water obstructions and encroachments.
(4) Purchasing materials, equipment, services and travel necessary for personnel training and provision of information and educational materials on the safety of dams, water obstructions and encroachments to schools, colleges, institutions and citizens.
(5) Covering extraordinary costs of litigation arising out of the enforcement of dam safety and encroachments laws of the Commonwealth, such as the printing of briefs and records, taking of depositions and expert witness fees.
The provisions of this § 105.431 amended under the Dam Safety and Encroachments Act (32 P. S. § § 693.1693.27); The Clean Streams Law (35 P. S. § § 691.1691.1001); section 7 of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. § 597); sections 514, 1901-A, 1908-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 194, 510-1, 510-8, 510-17 and 510-20); and the Flood Plain Management Act (32 P. S. § § 679.101679.601).
The provisions of this § 105.431 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911; amended January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial pages (207770) and (313671).
This section cited in 25 Pa. Code § 105.432 (relating to authorization for disbursement).
The provisions of this § 105.432 reserved under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
The provisions of this § 105.432 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; reserved January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial page (313671).


Defendant-Appellant Marcos Felix-Pacheco pled guilty to one count of knowingly and intentionally distributing 500 grams or more of a mixture or substance containing a detectible amount of methamphetamine, 21 U.S.C. §§ 21 841(a)(1), (b)(1)(A), and aiding and abetting, 18 U.S.C. § 2. I R. doc. 98. In exchange for the plea, the government agreed, inter alia, not to recommend a sentence longer than the statutory minimum of 120 months. Id. doc. 84, at 5. After concluding that the applicable sentencing range was 108 to 135 months, the district court sentenced Mr. Felix-Pacheco to 120 months of imprisonment and five years of supervised release. II R. at 6. Mr. Felix-Pacheco appeals from this sentence, asserting that it is "too long" and that he should have been sentenced to 108 months. Aplt. Br. at 4-5. Counsel for Mr. Felix-Pacheco has filed an Anders brief, id. at 5; see Anders v. California, 386 U.S. 738, 744 (1967) ("[I]f counsel finds his case to be wholly frivolous, after a conscientious examination of it, he should so advise the court and request permission to withdraw."), and concluded "that there are no meritorious grounds for appeal." Aplt. Br. at 5. Counsel has sent a letter to this effect, along with a copy of her brief, to Mr. Felix-Pacheco. Id.; Motion to Withdraw (filed Dec. 18, 2000). Counsel now requests that she be allowed to withdraw as counsel for Mr. Felix-Pacheco. Motion to Withdraw (filed Dec. 18, 2000).
We have reviewed the entire record, including the transcript of the sentencing proceedings and presentence report. Although the district court misstated Mr. Felix-Pacheco's adjusted offense level, failed to address Mr. Felix-Pacheco's acceptance of responsibility, and cited the wrong guideline provision in concluding that Mr. Felix-Pacheco qualified for the safety valve, the district court sentenced Mr. Felix-Pacheco within the appropriate guideline range.(1) Mr. Felix-Pacheco's claim that his sentence is too long is therefore "wholly frivolous" Anders, 386 U.S. at 744, and we DISMISS his appeal as one not contemplated under 18 U.S.C. § 3742(a). United States v. Neary, 183 F.3d 1196, 1198 (10th Cir. 1999); United States v. Garcia, 919 F.2d 1478, 1482 (10th Cir.1990). Counsel's motion to withdraw is GRANTED.
1. Mr. Felix-Pacheco's base offense level was 36, and he had a criminal history category of I. II R. at 3; III R. at 4-5. The district court decreased Mr. Felix-Pacheco's sentence two levels because he qualified for the safety valve. II R. at 3. In so doing, however, the district court mistakenly referenced § 5K1.2, id., rather than § 5C1.2 and § 2D1.1(b)(6), as the applicable safety valve provision. See III R. at 4. We assume that district court adopted the presentence report's recommendation of a three-level downward adjustment for acceptance of responsibility. Id. at 4-5. The district court determined that the applicable sentencing range was 108 to 135 months. II R. at 3. Based on this sentencing range, the adjusted offense level was therefore 31, see U.S.S.G. Ch. 5 Pt. A (1998), not 34 as the district court concluded. II R. at 3.
These errors do not create an appealable issue--Mr. Felix-Pacheco would have received 151 to 188 months if the district court's calculation of the offense level was in fact correct. U.S.S.G. Ch. 5 Pt. A. (1998).


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A.C. No. 7158, March 09, 2015 - YOLANDA A. ANDRES, MINETTE A. MERCADO, AND ELITO P. ANDRES , Complainants, v. ATTY. SALIMATHAR V. NAMBI, Respondent.
YOLANDA A. ANDRES, MINETTE A. MERCADO, AND ELITO P. ANDRES , Complainants, v. ATTY. SALIMATHAR V. NAMBI, Respondent.
This is a Complaint for Disbarment1 filed against then Labor Arbiter Salimathar V. Nambi (respondent) on the ground of gross ignorance of the law in issuing an Amended Alias Writ of Execution against M.A. Blocks Work, Inc. and its incorporators, the herein complainants, who are not parties to the case.
RESOLVED to ADOPT and APPROVE, as it is hereby unanimously ADOPTED and APPROVED, with modification the Report and Recommendation of the Investigating Commissioner in the above-entitled case herein made part of this Resolution as Annex “A”; and, finding the recommendation fully supported by the evidence on record and the applicable laws and rules, considering respondent[’s] contumacious disregard of the lawful Order of Supreme Court and the Commission on Bar Discipline of the IBP, and for his failure to appear despite due notices, Atty. Salimathar V. Nambi is hereby SUSPENDED from the practice of law for six (6) months.12(Emphasis in the original).
Whether respondent is guilty of gross ignorance of the law and of violating the Code of Professional Responsibility.
Considering that this appears to be respondent’s first infraction, we find it proper to impose on him the penalty of reprimand with warning that commission of the same or similar infraction will be dealt with more severely.
WHEREFORE, the Court REPRIMANDS respondent Atty. Salimathar V. Nambi for obstinately and unjustifiably refusing to obey lawful orders of the Court and the Integrated Bar of the Philippines, with a warning that a repetition of the same or similar act or offense shall be dealt with more severely. Let copies of this Resolution be furnished the Office of the Bar Confidant and noted in Atty. Nambi’s record as a member of the Bar.
3 Docketed as NLRC-NCR-CASE Nos. 00-11-05852-00 and 00-04-02006-01, entitled Allan Langgam, Romulo Piquero, Chito Daclitan, Chande Tejero, Ruthilio Cabilino, Tito Langgam, Ronald Langgam, Michael Cabilino, Fabian Gamurot, Cornillo Bustamante, Rafael Sacil, Allan Bugtac, Freddie Baylon, Joel Simbajon, Jolito Amahit, Albert Amores, Lito Luay, Romy Ragandayan, Allan Biglang-awa, Alvin Biglang-awa, Carlos Tanyongon, Rodel Mananon, Allan Calvez, Afr[e]do Bayog Lito Tois, Arnel Daclitan, Rey Cabatingan, Jesus Traya, Frisco Piquero, Jose Salvador, Albert Juanerio, Danilo Talampay, Freddie Balinas, Vidal Radaza, Eduardo Manalansan, Jungie Balinas, Daniel S. Radaza, Cristobal Quemiel, Jun Simbahon, Judy Cerujano and Celestino Rabusa v. M. A. Mercado Construction, et al.
6 There are five (5) incorporators of M. A. Blocks Work Inc. as appearing in its Articles of Incorporation, id. at 45-49. They are: (1) Maximo A. Mercado; (2) Gertrudes Casilda A. Mercado; (3) Yolanda A. Andres; (4) Minette A. Mercado; and (5) Elito P. Andres.
10 See minute resolution of even date, id. at 207.
16 592 Phil. 229 (2008).
20Belleza v. Atty. Macasa, 611 Phil. 179, 187 (2009).

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Sol. Gen. Taft, for appellee.
This case, appealed from the circuit court for the eastern district of Missouri, presents, like that of U. S. v. Grimley, ante, 54, (just decided,) a question arising on habeas corpus as to the right of the petitioner, an enlisted soldier, to be discharged from military custody. An effort was made to bring this case here by writ of error; but that was abandoned, and an appeal rightfully substituted. In re Neagle, 135 U. S. 42, 10 Sup. Ct. Rep. 658. The facts differ from those in that case, in this: The petitioner was 17 years of age, and had a mother living who did not consent to his enlistment. Upon his enlistment he drew from the United States his uniform and equipments, and continued in actual service from the 23d day of August to the 13th day of September, 1883, when he deserted. He remained in concealment until February, 1889, at which time he had become of age, and then appeared at a recruiting office and demanded his discharge from the army on the ground that he was a minor when enlisted. In his oath of allegiance he swore that he was 21 years and 5 months old. It will be seen that the petitioner was within the ages prescribed by section 1116 of the Revised Statutes, to-wit, 16 and 35 years. Section 1117 provides that 'no person under the age of twenty-one years shall be enlisted or mustered into the military service of the United States without the written consent of his parents or guardians: provided, that such minor has such parents or guardians entitled to his custody and control.' But this provision is for the benefit of the parent or guardian. It means simply that the government will not disturb the control of parent or guardian over his or her child without consent. It gives the right to such parent or guardian to invoke the aid of the court, and secure the restoration of a minor to his or her control; but it gives no privilege to the minor. The age at which an infant shall be competent to do any acts or perform any duties, military or civil, depends wholly upon the legislature. U. S. v. Bainbridge, 1 Mason, 71; Wassum v. Feeney, 121 Mass. 93, 95. Congress has declared that minors over the age of 16 are capable of entering the military service, and undertaking and performing its duties. An enlistment is not a contract only, but effects a change of status. Grimley's Case, supra. It is not, therefore, like an ordinary contract, voidable by the infant. At common law an enlistment was not voidable either by the infant or by his parents or guardians. King v. Inhabitants, etc., 2 Dowl. & R. 628, 634, 1 Barn. & C. 345, 350; King v. Inhabitants, etc., 1 Man. & R. 25, 31, 7 Barn. & C. 226, 231; Com. v. Gamble, 11 Serg. & R. 93; U. S. v. Blakeney, 3 Grat. 405, 411-413. In this case the parent never insisted upon her right of custody and control; and the fact that he had a mother living at the time is, therefore, immaterial. The contract of enlistment was good so far as the petitioner is concerned. He was not only de facto, but de jure, a soldier amenable to military jurisdiction. His mother not interfering, he was bound to remain in the service. His desertion and concealment for five years did not relieve him from his obligations as a soldier, or his liability to military control. The order of the circuit court remanding him to the custody of the appellee was correct, and must be affirmed.

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On January 8, 2010, the United States Court of Appeals for the Fifth Circuit held that state law failure to warn claims against generic drug manufacturers are not preempted by federal regulation. Demahy v. Actavis, Inc., 2010 WL 46513 (C.A. 5 (La.). This decision is consistent with that of the Eighth Circuit in Mensing v. Wyeth, 588 F.3d 603 (8th Cir. 2009) and was guided by the Supreme Court's decision in Wyeth v. Levine, 129 S. Ct. 1187 (2009), holding that such claims are not preempted against name brand drug manufacturers. The Fifth Circuit noted that "[a]ppeals involving materially identical preemption claims are now pending before the Sixth Circuit," citing Smith v. Wyeth, No. 09-5460 (6th Cir.); Wilson v. Pliva, No. 09-5466 (6th Cir.); and Morris v. Wyeth, No. 09-5509 (6th Cir.).
In Demahy, the drug at issue was the generic form of Reglan (metoclopramide) manufactured by Actavis. Plaintiff alleged that her long-term ingestion of the drug caused her to develop a neurological movement disorder called tardive dyskinesia. She asserted personal injury claims under the Louisiana Products Liability Act for, inter alia, failure to warn of the risks of the drug's long-term use.
As noted by the Fifth Circuit, preemption of state law can be either found in express statutory language or implied from the aim and structure of federal law. Implied preemption occurs where the federal law is so pervasive that it leaves no room for state supplementation (field preemption) or when state law actually conflicts with federal law (conflict preemption).
Actavis unsuccessfully argued that Demahy's claims were conflict preempted in that it was impossible for Actavis to comply with both federal and state law because, under the Food, Drug and Cosmetics Act, ("FDCA"), a generic manufacturer cannot unilaterally change a drug's label but, rather, must use the same label as the name brand. Rejecting that argument, the Fifth Circuit stated that, while the generic's label must be the same as that of the name brand when seeking approval, nothing in the FDCA bars generic labeling modifications following initial approval. Further, the Fifth Circuit agreed with Demahy that Actavis could have strengthened its label warning before receiving FDA approval through the "changes being effected" or CBE process, or could have proposed label changes through the prior approval process or suggested that the FDA send "Dear Doctor" letters to prescribing physicians on its behalf.
We will continue to watch the Sixth Circuit cases cited above to see if that court rules consistently with the Fifth and Eighth Circuits on this important issue.

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