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C.R. Sovinec, A.H. Glasser, D.C. Barnes, T.A. Gianakon, R.A. Nebel, S.E. Kruger, D.D. Schnack, S.J. Plimpton, A. Tarditi, M.S. Chu and the NIMROD Team, "Nonlinear Magnetohydrodynamics with High-order Finite Elements," Journal of Computational Physics, 195, 355 (2004).
S. Cheng, P. Zhu, D. Banerjee, X. Yan, and CFETR Physics Team, "Dominant two-fluid magnetohydrodynamic instabilities in CFETR upgrad phase-I scenario in presence of perfect conducting wall," Plasma Phys. Control. Fusion 61, 045009 (2019).
C. R. Sovinec and K. J. Bunkers, "Effects of asymmetries in computations of forced vertical displacement events," Plasma Phys. Control. Fusion 61, 024003 (2019).
S. Yang, P. Zhu, J. Xie, and W. Liu, "Two-fluid MHD regime of resistive drift-wave instability," Phys. Plasmas 25, 092113 (2018).
M. T. Beidler, J. D. Callen, C. C. Hegna, and C. R. Sovinec, "Mode penetration induced by transient magnetic perturbations," Phys. Plasmas 25, 082507 (2018).
J. B. O'Bryan, C. A. Romero-Talamas, and S. Woodruff, "Simulations of multi-pulse coaxial helicity injection in the Sustained Spheromak Physics Experiment," Phys. Plasmas 25, 032503 (2018).
E. B. Hooper, "Plasma density injection and flow during coaxial helicity injection in a tokamak," Phys. Plasmas 25, 022512 (2018).
Y. Hou, P. Zhu, C. C. Kim, Z. Hu, Z. Zou, Z. Wang, and the NIMROD Team, "NIMROD calculations of energetic particle driven toroidal Alfven eigenmodes," Physics of Plasmas 25, 012501 (2018).
B. Luo, P. Zhu, H. Li, W.-D. Liu, and KTX Team, "Resistive MHD modelling of quasi-single helicity state in the KTX regimes," Nucl. Fusion 58, 016049 (2018).
K. D. Morgan, T. R. Jarboe, A. C. Hossack, R. N. Chandra, and C. J. Everson, "Validation of extended magnetohydrodynamic simulations of the HIT-SI3 experiment using the NIMROD code," Physics of Plasmas 24, 122510 (2017).
X.-T. Yan, P. Zhu, and Y.-W. Sun, "Neoclassical toroidal viscosity torque in tokamak edge pedestal induced by external resonant magnetic perturbation," Phys. Plasmas 24, 082510 (2017).
D. Banerjee, P. Zhu, and R. Maingi, "Stabilizing effects of resistivity towards ELM-free H-mode discharge in Lithium-conditioned NSTX," Nucl. Fusion 57, 076005 (2017).
S. Cheng, P. Zhu, and D. Banerjee, "Enhanced toroidal flow stabilization of edge localized modes with increased plasma density," Physics of Plasmas 24, 092510 (2017).
V. A. Izzo and P. B. Parks, "Modeling of rapid shutdown in the DIII-D tokamak by core deposition of high-Z material," Physics of Plasmas 24, 060705 (2017).
J. P. Sauppe and C. R. Sovinec, "Extended MHD modeling of tearing-driven magnetic relaxation," Physics of Plasmas 24, 056107 (2017).
V. A. Izzo, "The effect of pre-existing islands on disruption mitigation in MHD simulations of DIII-D," Physics of Plasmas 24, 056102 (2017).
J. R. King, S. E. Kruger, K. H. Burrell, X. Chen, A. M. Garofalo, R. J. Groebner, K. E. J. Olofsson, A. Y. Pankin, and P. B. Snyder, "MHD modeling of a DIII-D low-torque QH-mode discharge and comparison to observations," Physics of Plasmas 24, 055902 (2017).
D. Banerjee, P. Zhu, and R. Mainji, "Stabilizing effects of enhanced resistivity due to lithium-conditioning on low-n edge localized modes in NSTX," Physics of Plasmas 24, 054501 (2017).
M. T. Beidler, J. D. Callen, C. C. Hegna, and C. R. Sovinec, "Nonlinear modeling of forced magnetic reconnection in slab geometry with NIMROD," Physics of Plasmas 24, 052508 (2017).
P. Zhu, A. Bhattacharjee, A. Sangari, Z. Wang, and P. Bonofiglo, "Three-dimensional geometry of magnetic reconnection induced by ballooning instability in a generalized Harris sheet," Physics of Plasmas 24, 024503 (2017).
J. R. King, K. H. Burrell, A. M. Garofalo, R. J. Groebner, S. E. Kruger, A. Y. Pankin, and P. B. Snyder, "NIMROD modeling of quiescent H-mode: reconstruction considerations and saturation mechanism," Nuclear Fusion 57, 022002 (2017).
J. R. King, S. E. Kruger, R. J. Groebner, J. D. Hanson, J. D. Hebert, E. D. Held, and J. R. Jepson, "Effect of scrape-off-layer current on reconstructed tokamak equilibrium," Physics of Plasmas 24, 012504 (2017).
F. Ebrahimi, "Dynamo-driven plasmoid formation from a current-sheet instability," Physics of Plasmas 23, 120705 (2016).
E. B. Hooper and C. R. Sovinec, "A current-driven resistive instability and its effects in simulations of coaxial helicity injection in a tokamak," Physics of Plasmas 23, 102502 (2016).
N. A. Roberds, J. D. Hanson, D. A. Maurer, L. Guazzotto, E. C. Howell, and C. R. Sovinec, "Simulations of sawtoothing in a current carrying stellarator," Physics of Plasmas 23, 092513 (2016).
J. R. King, A. Y. Pankin, S. E. Kruger, and P. B. Snyder, "The impact of collisionality, FLR, and parallel closure effects on instabilities in the tokamak pedestal: Numerical studies with the NIMROD code," Physics of Plasmas 23, 062123, 2016.
C. R. Sovinec, "Stabilization of numerical interchange in spectral-element magnetohydrodynamics," Journal of Computational Physics 319, 61, 2016.
F. Ebrahimi and R. Raman, "Large-volume flux closure during plasmoid-mediated reconnection in coaxial helicity injection," Nuclear Fusion 56, 044002 (2016).
J. P. Sauppe and C. R. Sovinec, "Two-fluid and finite Larmor radius effects on helicity evolution in a plasma pinch," Physics of Plasmas 23, 032303 (2016).
F. Ebrahimi and R. Raman, "Plasmoid formation during simulations of coaxial helicity injection in the National Spherical Torus Experiment," Physical Review Letters 114, 205003 (2015).
E. D. Held, S.E. Kruger, J.-Y. Ji, E. A. Belli, and B. C. Lyons, "Verification of continuum drift kinetic equation solvers in NIMROD," Physics of Plasmas 22, 032511 (2015).
T. G. Jenkins and E. D. Held, "Coupling extended magnetohydrodynamic fluid codes with radiofrequency ray tracing codes for fusion modeling," Journal of Computational Physics 297, 427 (2015).
P. Zhu, C. R. Sovinec and C. C. Hegna, "The formation of blobs from a pure interchange process," Physics of Plasmas 22, 022311 (2015).
P. Zhu and J. Raeder, "Ballooning instability-induced plasmoid formation in near-Earth plasma sheet," Journal of Geophysical Research: Space Physics 119, 131 (2014).
F. Ebrahimi, R. Raman, E. B. Hooper, C. R. Sovinec, and A. Bhattacharjee, "Physics of forced magnetic reconnection in coaxial helicity injection experiments in National Spherical Torus Experiment," Physics of Plasmas 21, 056109 (2014).
E. C. Howell and C. R. Sovinec, "Solving the Grad-Shafranov equation with spectral elements," Computer Physics Communications 185, 1415 (2014).
J. B. O'Bryan and C. R. Sovinec, "Simulated flux-rope evolution during non-inductive startup in Pegasus," Plasma Physics and Controlled Fusion 56, 064005 (2014).
E. B. Hooper, C. R. Sovinec, R. Raman, F. Ebrahimi, and J. E. Menard, "Resistive MHD simulations of helicity injected startup plasmas in NSTX," Physics of Plasmas 20, 092510 (2013).
F. Ebrahimi, E. B. Hooper, C. R. Sovinec, and R. Raman, "Magnetic reconnection process in transient coaxial helicity injection," Physics of Plasmas 20 , 090702 (2013).
C. Akcay, C. C. Kim, B. S. Victor, and T. R. Jarboe, "Validation of single- fluid and two-fluid magnetohydrodynamic models of the helicity injected torus spheromak experiment with the NIMROD code," Physics of Plasmas 20 , 082512 (2013).
P. Zhu and J. Raeder, "Plasmoid formation in current sheet with finite normal magnetic component," Physical Review Letters 110, 235005 (2013).
V. A. Izzo, "Impurity mixing and radiation asymmetry in massive gas injection simulations of DIII-D," Physics of Plasmas 20, 056107 (2013).
M. G. Schlutt, C. C. Hegna, C. R. Sovinec, E. D. Held and S. E. Kruger, "Self-consistent simulations of nonlinear magnetohydrodynamics and profile evolution in stellarator configurations," Physics of Plasmas 20, 056104 (2013).
M. G. Schlutt, C. C. Hegna, C. R. Sovinec, J. D. Hebert and S. F. Knowlton, "Numerical simulation of current evolution in the Compact Toroidal Hybrid," Nuclear Fusion 52, 103023 (2012).
J. B. O'Bryan, C. R. Sovinec, and T. M. Bird, "Simulation of current-filament dynamics and relaxation in the Pegasus ST," Physics of Plasmas 19, 080701 (2012).
N. A. Murphy, M. P. Miralles, C. L. Pope, J. C. Raymond, H. D. Winter, K. K. Reeves, D. B. Seaton, A. A. van Ballegooijen, and J. Lin, "Asymmetric Magnetic Reconnection in Solar Flare and Coronal Mass Ejection Current Sheets," Astrophysical Journal 751, 56 (2012).
J. R. King, C. R. Sovinec, and V. V. Mirnov, "First-order finite-Larmor-radius fluid modeling of tearing and relaxation in a plasma pinch," Physics of Plasmas 19 , 055905 (2012).
D. P. Brennan, C. C. Kim, and R. J. La Haye, "Energetic particle effects on n=1 resistive MHD instabilities in a DIII-D hybrid discharge," Nuclear Fusion 52, 033004 (2012).
P. Zhu, C. C. Hegna, and C. R. Sovinec, "Stabilizing effects of edge current density on pedestal instabilities," Physics of Plasmas 19, 032503 (2012).
I. V. Khalzov, B. P. Brown, N. Katz, and C. B. Forest, "Modeling the Parker instability in a rotating plasma screw pinch," Physics of Plasmas 19 , 022107 (2012).
R. A. Bayliss, C. R. Sovinec, and A. J. Redd, "Zero-beta modeling of coaxial helicity injection in the HIT-II spherical torus," Physics of Plasmas 18, 094502 (2011).
E. B. Hooper, "Physics issues of a spheromak refluxing scenario," Plasma Physics and Controlled Fusion 53, 085008 (2011).
V.A. Izzo, E.M. Hollmann, A.N. James, J.H. Yu, D.A. Humphreys, L.L. Lao, P.B. Parks, P.E. Sieck, J.C. Wesley, R.S. Granetz, G.M. Olynyk and D.G. Whyte, "Runaway electron confinement modelling for rapid shutdown scenarios in DIII-D, Alcator C-Mod and ITER," Nuclear Fusion 51, 063032 (2011).
F. Ebrahimi, B. Lefebvre, C. B. Forest, and A. Bhattacharjee, "Global Hall-MHD simulations of Magnetorotational Instability in a Plasma Couette Flow Experiment," Physics of Plasmas 18, 062904 (2011).
J. R. King, C. R. Sovinec, and V. V. Mirnov, "First-order finite-Larmor-radius effects on magnetic tearing in pinch configurations," Physics of Plasmas 18, 042303 (2011).
I. V. Khalzov, B. P. Brown, F. Ebrahimi, D. D. Schnack, and C. B. Forest, "Numerical simulation of laminar plasma dynamos in a cylindrical von Karman flow," Physics of Plasmas 18, 32110 (2011).
N. A. Murphy, "Resistive magnetohydrodynamic simulations of X-line retreat during magnetic reconnection," Physics of Plasmas 17, 112310 (2010).
R. D. Milroy, C. C. Kim, and C. R. Sovinec, "Extended magnetohydrodynamic simulations of field reversed configuration formation and sustainment with rotating magnetic field current drive," Physics of Plasmas 17, 62502 (2010).
V. A. Izzo and P. B. Parks, "Comment on 'Plasma current spikes due to internal reconnection during tokamak disruptions," Nuclear Fusion 50 , 58001 (2010).
C. R. Sovinec, J. R. King, and the NIMROD Team, "Analysis of a mixed semi-implicit/implicit algorithm for low-frequency two-fluid plasma modeling," Journal of Computational Physics 229 , 5803 (2010).
B. J. Burke, S. E. Kruger, C. C. Hegna, P. Zhu, P. B. Snyder, C. R. Sovinec, and E. C. Howell, "Edge localized linear ideal magnetohydrodynamic instability studies in an extended-magnetohydrodynamic code," Physics of Plasmas 17, 32103 (2010).
T. G. Jenkins, S. E. Kruger, C. C. Hegna, D. D. Schnack, and C. R. Sovinec, "Calculating electron cyclotron current drive stabilization of resistive tearing modes in a nonlinear MHD model," Physics of Plasmas 17,, 12502 (2010).
V. A. Izzo, P. B. Parks, and L. L. Lao, "DIII-D and ITER rapid shutdown with radially uniform deuterium deliver," Plasma Physics and Controlled Fusion 51, 105004 (2009).
P. Zhu, C. C. Hegna, C. R. Sovinec, A. Bhattacharjee, and K. Germaschewski, "Intermediate nonlinear regimes of line-tied g mode and ballooning instability," Nuclear Fusion 49, 095009 (2009).
E. B. Hooper, C. A. Romero-Talamas, L. L. Lodestro, R. D. Wood, and H. S. McLean, "Aspect-ratio effects in the driven, flux-core spheromak," Physics of Plasmas 16, 052506 (2009).
B. I. Cohen, C. A. Romero-Talamas, D. D. Ryutov, E. B. Hooper, L. L. Lodestro, H. S. McLean, T. L. Stewart, and R. D. Wood, "The role of the n=1 column mode in spheromak formation," Physics of Plasmas 16, 042501 (2009).
C. S. Carey and C. R. Sovinec, "Rotational stabilization of magnetically collimated jets," the Astrophysical Journal 699, 362 (2009).
R. Takahashi, D. P. Brennan, and C. C. Kim, "A detailed study of kinetic effects of energetic particles on resistive MHD stability," Nuclear Fusion 49, 065032 (2009).
R. Takahashi, D. P. Brennan, and C. C. Kim, "Kinetic Effects of Energetic Particles on Resistive MHD Stability," Physical Review Letters 102, 135001 (2009).
V.A. Izzo, I. Joseph, "RMP enhanced transport and rotational screening in simulations of DIII-D plasmas," Nucl. Fusion 48, 115004 (2008).
A. I. D. Macnab and S. Woodruff, "Simulations of the supersonic translation, collision, and merging of two field-reversed configurations for plasma heating," IEEE Transactions on Plasma Science 36 , 1208 (2008).
C. C. Kim and the NIMROD Team, "Impact of velocity space distribution on hybrid kinetic-magnetohydrodynamic simulation of the (1,1) mode," Physics of Plasmas 15, 072507 (2008).
J. M. Reynolds, C. R. Sovinec, and S. C. Prager, "Nonlinear Magnetohydrodynamics of Pulsed Parallel Current Drive in Reversed-field Pinches," Physics of Plasmas 15, 062512 (2008).
V. A. Izzo, D. G. Whyte, R. S. Granetz, P. B. Parks, E. M. Hollmann, L. L. Lao, and J. C. Wesley, "Magnetohydrodynamic simulations of massive gas injection into Alcator C-Mod and DIII-D plasmas" Physics of Plasmas 15, 056109 (2008).
N. A. Murphy and C. R. Sovinec, "Global Axisymmetric Simulations of Two-fluid Reconnection in an Experimentally Relevant Geometry," Physics of Plasma 15, 042313 (2008).
E. B. Hooper, B. I. Cohen, H. S. McLean, R. D. Wood, C. A. Romero-Talamas, and C. R. Sovinec, "NIMROD Resistive Magnetohydrodynamic Simulations of Spheromak Physics," Physics of Plasmas 15, 032502 (2008).
R. D. Milroy, A. I. D. Macnab, C. C. Kim, and C. R. Sovinec, "FRC simulations using the NIMROD code," Journal of Fusion Energy 27, 73 (2008).
C.C. Kim and the NIMROD Team, "Preliminary Simulations of FLR Effects on RFP Tearing Modes," Journal Fusion Energy 27, 61 (2008).
A. I. D. Macnab, R. D. Milroy, C. C. Kim, C. R. Sovinec, and the NIMROD Team, "Hall magnetohydrodynamics simulations of end-shorting induced rotation in field-reversed configurations," Physics of Plasmas 14, 092503 (2007).
C. R. Sovinec, D. C. Barnes, R. A. Bayliss, D. P. Brennan, E. D. Held, S. E. Kruger, A. Y. Pankin, D. D. Schnack and the NIMROD Team, "Two-fluid studies of edge relaxation events in tokamaks," Journal of Physics: Conference Series 78, 012070 (IoP, London, 2007).
P. Zhu, C. R. Sovinec, C. C. Hegna, A. Bhattacharjee, and K. Germaschewski, "Nonlinear ballooning instability in the near-Earth magnetotail: Growth, structure, and possible role in substorms," Journal of Geophysical Research 112, A06222 (2007).
V.A Izzo, "A numerical investigation of the effects of impurity penetration depth on disruption mitigation by massive high-pressure gas jet," Nucl. Fusion 46, 541 (2006).
D. P. Brennan, S. E. Kruger, D. D. Schnack, C. R. Sovinec, and A. Pankin, "Computing nonlinear magnetohydrodynamic edge localized instabilities in fusion plasmas," Journal of Physics: Conference Series 46, 63 (IoP, London, 2006).
D. D. Schnack, D. C. Barnes, C. C. Hegna, E. D. Held, C. C. Kim, S. E. Kruger, A. Y. Pankin, and C. R. Sovinec, "Computational Modeling of Fully Ionized Plasmas Using the Fluid Approximation," Physics of Plasmas 13, 58103 (2006).
"A Magnetic Reconnection Event in a Driven Spheromak," Physics of Plasmas 12, 92503 (2005).
V. A. Izzo and T. R. Jarboe, "Three-dimensional magnetohydrodynamic simulations of the Helicity Injected Torus with Steady Inductive drive," Physics of Plasmas 12, 056109 (2005).
D.P. Brennan, S.E. Kruger, T.A. Gianakon, and D.D. Schnack, "A categorization of tearing mode onset in tokamaks via nonlinear simulation", Nucl. Fusion 45, 1178-1190 (2005).
Link to General Atomics report from same work.
C. R. Sovinec, D. D. Schnack, A. Y. Pankin, D. P. Brennan, H. Tian, D. C. Barnes, S. E. Kruger, E. D. Held, C. C. Kim, X. S. Li, D. K. Kaushik, S. C. Jardin, and the NIMROD Team, "Nonlinear Extended Magnetohydrodynamics Simulation Using High-Order Finite Elements," Journal of Physics: Conference Series 16, 25 (IoP, London, 2005).
S.E. Kruger, D.D. Schnack and C. R. Sovinec, "Dynamics of the Major Disruption of a DIII-D Plasma," Physics of Plasmas 12, 56113 (2005).
B.I. Cohen, E. B. Hooper, R. H. Cohen, D. N. Hill, H. S. Mclean, R. D. Wood, S. Woodruff, C. R. Sovinec, and G. A. Cone, "Simulation of Spheromak Evolution and Energy Confinement," Physics of Plasmas 12, 56106 (2005).
"Numerical Investigation of Transients in the SSPX Spheromak,"
Physical Review Letters 94, 35003 (2005).
C. C. Kim, C. R. Sovinec, S. E. Parker, and the NIMROD Team, "Hybrid Kinetic-MHD Simulations in General Geometry," Computer Physics Communications 164, 448 (2004).
Computer Physics Communications 164, 34 (2004).
Physics of Plasmas, 11, 2419 (2004).
"A Numerical Assessment of the Lundquist Number Requirement for Relaxation Current Drive,"
Physics of Plasmas 11, 2903 (2004).
Physics of Plasmas, 10, 1727 (2003).
"Heuristic closures for numerical simulation of neoclassical tearing modes,"
Physics of Plasmas, 9, 536 (2002).
"Formation and Sustainment of Spheromaks in the Resistive MHD Model,"
Physics of Plasmas 8, 475 (2001).
"Chaotic Scattering and Self-organization in Spheromak Sustainment,"
Physical Review Letters 85, 4538 (2000).
"The NIMROD Code: A New Approach to Numerical Plasma Physics,"
Plasma Physics and Controlled Fusion 41, A747 (1999).
D. del-Castillo-Negrete, L. Carbajal, D. Spong, and V. Izzo, "Numerical simulation of runaway electrons: 3-D effects on synchrotron radiation and impurity-based runaway current dissipation," Physics of Plasmas 25, 056104 (2018).
E. C. Howell and C. R. Sovinec, "Parameter-space survey of linear g-mode and interchange in extended magnetohydrodynamics," Physics of Plasmas 24, 102117 (2017).
C. Akcay, J. M. Finn, R. A. Nebel, and D. C. Barnes, "Electrostatically driven helical plasma state," Physics of Plasmas 24, 052503 (2017).
V. V. Mirnov, J. P. Sauppe, C. C. Hegna, and C. R. Sovinec, "Analytical and numerical treatment of resistive drift instability in a plasma slab," Plasma Physics Reports 42, 440 (2016).
C. Hansen, B. Victor, K. Morgan, T. Jarboe, A. Hossack, G. Marklin, B. A. Nelson, D. Sutherland, "Numerical studies and metric development for validation of magnetohydrodynamic models on the HIT-SI experiment," Physics of Plasmas 22, 056105 (2015).
B. S. Victor, C. Akcay, C. J. Hansen, T. R. Jarboe, B. A. Nelson, and K. D. Morgan, "Development of validation metrics using biorthogonal decomposition for the comparison of magnetic field measurements," Plasma Physics and Controlled Fusion 57, 045010 (2015).
K. M. Velas and R. D. Milroy, "Probe measurements of the three-dimensional magnetic field structure in a rotating magnetic field sustained field- reversed configuration," Physics of Plasmas 21, 012502 (2014).
D. D. Schnack, J. Cheng, D. C. Barnes, and S. E. Parker, "Comparison of kinetic and extended magnetohydrodynamics computational models for the linear ion temperature gradient instability in slab geometry," Physics of Plasmas 20, 062106 (2013).
P. Zhu, J. Raeder, C. C. Hegna, and C. R. Sovinec, "Nature of axial tail instability and bubble-blob formation in near-Earth plasma sheet," J. Geophysical Research: Space Physics 118, 653 (2013).
E. B. Hooper, R. H. Bulmer, B. I. Cohen, D. N. Hill, C. T. Holcomb, B. Hudson, H. S. Mclean, L. D. Pearlstein, C. A. Romera-Talamas, C. R. Sovinec, B. W. Stallard, R. D. Wood, and S. Woodruff, "Sustained Spheromak Physics Experiment (SSPX): Design and Physics Results," Plasma Physics and Controlled Fusion 54, 113001 (2012).
R. J. La Haye, R. J. Buttery, S. P. Gerhardt, S. A. Sabbagh, and D. P. Brennan, "Aspect ratio effects on neoclassical tearing modes from comparison between DIII-D and National Spherical Torus Experiment," Physics of Plasmas 19, 062506 (2012).
N. A. Murphy, C. R. Sovinec, and P. A. Cassak, "Magnetic reconnection with asymmetry in the outflow direction," Journal of Geophysical Research 115, A09206 (2010).
P. Zhu, C. C. Hegna, and C. R. Sovinec, "Exponential growth of nonlinear ballooning instability," Physical Review Letters 102, 235003 (2009).
J. H. Yu, M. A. Van Zeeland, M. S. Chu, V. A. Izzo, and R. J. La Haye, "Fast imaging of transients and coeherent magnetohydrodynamics modes in DIII-D," Physics of Plasmas 16, 056114 (2009).
J.-Y. Ji, E. D. Held, and C. R. Sovinec, "Moment approach to deriving parallel heat flow for general collisionality," Physics of Plasmas 16, 022312 (2009).
T. K. Fowler, R. Jayakumar, and H. S. McLean, "Stable Spheromaks Sustained by Neutral Beam Injection," Journal of Fusion Energy 28, 118 (2009).
J. A. Breslau, C. R. Sovinec, and S. C. Jardin, "An Improved Tokamak Sawtooth Benchmark for 3D Nonlinear MHD," Communications in Computational Physics 4, 647 (2008).
R. D. Milroy and L. C. Steinhauer, "Toroidal Field Stabilization of the Rotational Instability in Field- Reversed Configurations," Physics of Plasmas 15, 022508 (2008).
P. Zhu, D. D. Schnack, F. Ebrahimi, E. G. Zweibel, M. Suzuki, C. C. Hegna, and C. R. Sovinec, "Absence of Complete Finite-Larmor-Radius Stabilization in Extended MHD," Physical Review Letters 101, 085005 (2008).
B. Hudson, R. D. Wood, H. S. McLean, E. B. Hooper, D. N. Hill, R. Jayakumar, J. Moller, C. A. Romero-Talamas, T. A. Casper, J. A. Johnson III, L. Lodestro, E. Mezonlin, and L. D. Pearlstein, "Energy confinement and magnetic field generation in the SSPX spheromak," Phys. Plasmas 15 56112 (2008).
P. Zhu, C. C. Hegna, C. R. Sovinec, A. Bhattacharjee, and K. Germaschewski, "Intermediate nonlinear regime of a line-tied g mode," Physics of Plasmas 14, 055903 (2007).
C. A. Romero-Talamas, E. B. Hooper, R. Jayakumar, H. S. McLean, R. D. Wood, and J. M. Moller, "Measurements and phenomenological modeling of magnetic flux buildup in spheromak plasmas," Physics of Plasmas 15, 042503 (2008).
D.G. Whyte, R. Granetz , M. Bakhtiari , V. Izzo , T. Jernigan , J. Terry , M. Reinke , B. Lipschultz, "Disruption mitigation on Alcator C-Mod using high-pressure gas injection: Experiments and modeling toward ITER," Journal of Nuclear Materials 363-365, 1160 (2007).
P. Zhu, C. C. Hegna, and C. R. Sovinec, "Nonlinear growth of a line-tied g mode near marginal stability," Physics of Plasmas 13, 102307 (2006).
R. Granetz, D.G. Whyte, V.A. Izzo, T. Biewer, M.L. Reinke, J. Terry, A. Bader, M. Bakhtiari, T. Jernigan and G. Wurden, "Gas jet disruption mitigation studies on Alcator C-Mod," Nucl. Fusion 46 10011008 (2006).
H. S. McLean, R. D. Wood, B. I. Cohen, E. B. Hooper, D. N. Hill, J. M. Moller, C. Romero-Talamas, and S. Woodruff, "Transport and fluctuations in high temperature spheromak plasmas," Phys. Plasmas 13 56105 (2006).
E. A. Lazarus, F. L. Waelbroeck, T. C. Luce, M. E. Austin, K. H. Burrell, J. R. Ferron, A. W. Hyatt, T. H. Osborne, M. S. Chu, D. P. Brennan, P. Gohil, R. J. Groebner, C. L. Hsieh, R. J. Jayakumar, L. L. Lao, J. Lohr, M. A. Makowski, C. C. Petty, P. A. Politzer, R. Prater, T. L. Rhodes, J. T. Scoville, E. J. Strait, A. D. Turnbull, M. R. Wade, G. Wang, H. Reimerdes, and C. Zhang, "A comparison of sawtooth oscillations in bean and oval shaped plasmas," Plasma Physics and Controlled Fusion 48, L65 (2006).
S. Woodruff, B. I. Cohen, E. B. Hooper, H. S. Mclean, B. W. Stallard, D. N. Hill, C. T. Holcomb, C. Romero-Talamas, R. Wood, G. A. Cone, and C. R. Sovinec, "Controlled and Spontaneous Magnetic Field Generation in a Gun Driven Spheromak," Physics of Plasmas 12, 52505 (2005).
S. Woodruff, B. W. Stallard, H. S. McLean, E. B. Hooper, R. Bulmer, B. I. Cohen, D. N. Hill, C. T. Holcomb, J. Moller, and R. D. Wood, "Increasing the magnetic helicity content of a plasma by pulsing a magnetized source," Physical Review Letters 93, 205002 (2004).
D.P. Brennan, E.J. Strait, A.D. Turnbull, M.S. Chu, R.J. La Haye, T.C. Luce, T.S. Taylor, S.E. Kruger, D.D. Schnack, "A Mechanism for Tearing Mode Onset Near Ideal Stability Boundary," Physics of Plasmas, 10, 1643 (2003).
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collected" within the meaning of the Act of July 27, 1912, c. 256, 37 Stat. 240, although the payment was without protest or reservation, and, under that act, the right to a refund is barred if the claim was not presented to the Commissioner of Internal Revenue on or before January 1, 1914.
This is a suit to recover $6,721.71 paid for a tax upon the distributive shares of the children of Walter H. Coleman in his personal property. The tax was demanded and paid under the Act of June 13, 1898, c. 448, § 29, 30 Stat. 448, 464, 465. The later Act of June 27, 1902, c. 1160, § 3, 32 Stat. 406, directed the refunding of so much of such taxes "as may have been collected on contingent beneficial interests which shall not have been vested prior to July first," 1902, and forbade a tax to be imposed upon such an interest. On July 1, 1902, Coleman was dead, but his debts had not been paid, the year allowed for the proof of claims against his estate had not expired, and the expenses of administration had not been ascertained. Therefore, it is said, the interest of his children still was contingent. United States v. Jones, 236 U. S. 106; McCoach v. Pratt, 236 U. S. 562. The tax was collected on May 29, 1903. On March 17, 1914, the claimants applied to the Collector of Internal Revenue, and through him to the Commissioner of Internal Revenue, to refund it. The application was rejected, and on March 9, 1916, the claimant began this suit. The Court of Claims held that it was barred by the Act of July 27, 1912, c. 256, 37 Stat. 240.
"or of any sums alleged to have been excessive, or in any manner wrongfully collected under the provisions of said Act may be presented to the Commissioner of Internal Revenue on or before the first day of January, nineteen hundred and fourteen, and not thereafter."
By § 2, payment of claims so presented is directed. The act is entitled "An Act extending the time for the repayment of certain war revenue taxes erroneously collected," and the claimant contends that the present claim is not of that sort, that, this tax having been paid without protest or any reservation of rights, the claim is only for a bounty conferred by the Act of 1902, and that the benevolence of that act never has been withdrawn. But, bounty or not, the direction in the Act of 1902 was on the footing that the sums ordered to be repaid were collected erroneously, Vanderbilt v. Eidman, 196 U. S. 480, and was an order for the refunding of a tax alleged to have been erroneously collected. The present tax had not been collected when the Act of June 27, 1902, was passed, but was collected afterwards contrary to its terms. There was little bounty in its application to such a case. No argument can make it plainer than do the words themselves that the Act of 1912 applies to the present claim, and that it was presented too late.


Sturgis, SD - The Meade County Highway Department is suspending snow removal operations in the following areas: Opal, Red Owl, Marcus, Union Center, Enning, Elm Springs, and Hereford at noon today (03/04/2019), due to wind conditions and sub-zero temperatures. They will re-evaluate conditions tomorrow morning to determine when and how to resume operations.
Sturgis, S.D. — Chairman Galen Niederwerder has ordered flags to be flown at half-staff at county offices in honor of fallen firefighter Dave Fischer. Assistant Chief Fischer was killed on 7 SEP 2018 while responding to a house fire in Tilford, SD as a member of the Sturgis Volunteer Fire Department.
“The following statement does not necessarily reflect the opinions of current Meade County Commissioners Doreen Creed and Ted Seaman, who were not elected to their respective positions until 2016, after all the brouhaha of the Buffalo Chip incorporation saga, except for when yesterday's Supreme Court decision, took place.
Sturgis, S.D. - The Meade County Commission learned yesterday that the South Dakota Supreme Court overturned Judge Jerome Eckrich’s decision that attempted to nullify the Commission’s decision to allow the election for the Buffalo Chip Campground to incorporate as a city. It was a relief to finally come to the final destination on a long and winding - and very bumpy - road. The Commission merely drove the vehicle driven to this destination, with two noisy back-seat drivers (Buffalo Chip attorneys and the City of Sturgis) constantly yammering along the way; one, that you have to turn this way; the other, no you have to turn that way. Here are the facts.
State statute dictates that incorporation of a municipality has to go through the county commission. Buffalo Chip owner Rod Woodruff presented petitions signed by people who had signed voter registration cards, swearing under penalty of perjury, that they resided at the Buffalo Chip, and wished to hold an election of incorporation. The statute ordered that if the Commission is satisfied that there are “100 residents or 30 voters” the Commission shall set an election. It was determined, after conferring with the Secretary of State’s office, that the people were duly registered voters. (It is incredibly easy to become a legally registered voter in South Dakota; all you need is a post office box number. Just ask the 800-plus people who “reside” at Mailbox USA in Box Elder, many of whom never set foot in the state, but are allowed to vote in every election.) The Commission voted to allow the election to be held on a 3-2 vote, with Alan Aker, Linda Rausch, and Robert Heidgerken voting to hold the election, and Bob Bertolotto and Galen Niederwerder voting against. The City of Sturgis subsequently sued Meade County and Buffalo Chip LLC to nullify the election results, which were in favor of incorporation.
The Supreme Court reversed Eckrich’s decision, ruling that the City, along with some private individuals who joined the lawsuit, had no standing to bring suit. They ruled that only the State can bring suit to overturn an election. Some contend that the Supreme Court ruling was based on a technicality, when in fact the Court actually ruled that Eckrich should have made the same finding at the Circuit Court level, and should not have ruled to overturn the election. They also contend that the City was actually correct on merit, since the Court did not rule on the 103 Findings of Fact (FOF) that Eckrich signed off on. (Eckrich did not actually write the FOF; attorneys for the City and others actually wrote the document - Eckrich merely signed it, not even correcting spelling and grammatical errors.) The Commission contends that once the Court ruled on the issue of the City’s standing, they were not obligated to look for more Eckrich errors.
The County is gratified that as far as it is concerned, this matter is over. Individually, the Commissioners at the time cared not whether the Chip became an incorporated municipality. Their objective, individually and collectively, was to diligently follow the statutes. The split vote noted above highlights the poorly-written, out-dated statute that allowed a shrewd attorney/businessman to even bring the petitions before them. The Commission believes it is not widely known that they led a successful effort in the next legislative session after the whole mess took place to change the law; it now reads that there must be 100 residents and 45 registered voters, and they must physically reside there for at least 90 days per year.
Sturgis, SD - Meade County offices will close at 4PM today due to winter weather.
Sturgis, SD - The Meade County Commission met in special session today and immediately rescinded a county-wide burn ban that was enacted on June 28, 2017. Recent weather conditions have reduced the risk from wildfires; though the public is still urged to use caution with Open Fires and Burn Barrels.
Meade County Ordinance #27 specifically restricts Open Fires and Burn Barrels when the National Weather Service has declared the Grassland Fire Index to be in the Very High or Extreme category in Meade County.
What is the Grassland Fire Danger Index?
The Grassland Fire Danger Index is a forecast of the potential for non-agricultural grasslands to carry fire. It provides an indication of fire potential for grasslands, including its ability to spread. The index contains five categories: Low, Moderate, High, Very High, and Extreme. Should a fire ignite, it is more likely that it would grow or spread during higher rating days.
When is the Grassland Fire Danger Index issued?
Each NWS office in South Dakota (Rapid City, Sioux Falls, and Aberdeen) issues the Grassland Fire Danger Index daily during the fire weather season, which typically runs from April 1st to October 31st (see Figure 1 for an example). During the non-fire weather season, it is only issued if the High, Very High, or Extreme categories are expected.
How is the Grassland Fire Danger Index calculated?
The Grassland Fire Danger Index is based on a mathematical formula that uses temperature, relative humidity, wind speed, and curing data. Curing is related to the “greenness” of the plant material. Cured grasses contain less moisture and typically will burn much more efficiently than green grasses. Wind speed often has the greatest effect on the overall fire danger for grasslands. Therefore, even on hot and dry days when grasses are cured, it is difficult for the fire to carry at very high rates of speed if the winds are not particularly strong.
Why can the Grassland Fire Danger Index vary from day to day?
Temperature, relative humidity, and wind can vary greatly from day to day. Since the formula used to compute the Grassland Fire Danger Index includes temperature, relative humidity, and wind, it is a bit easier to understand how the Index can change fairly easily from one day to the next. Here is an example: Let’s say it’s late in the summer and grasses are fully cured. It will be hot, dry and windy this afternoon with temperatures in the mid 90s and a minimum relative humidity around 15 percent. This scenario would likely lead to a Very High or Extreme Grassland Fire Danger Index. Cloudy and much cooler conditions are expected tomorrow behind a cold front, with highs in the 60s and a minimum relative humidity around 45 percent. Winds will be light and variable in the afternoon. Even though grasses are still fully cured, the Grassland Fire Danger Index will be much lower on the second day due to the big change in weather conditions.
Low: Favorable weather conditions and a high moisture content of grasses, and other dry organic material on the ground, indicate that the probability of a fast moving fire is low. Outdoor burning under these conditions can usually be performed with reasonable safety precautions.
Moderate: Marginal weather conditions and lowering moisture content of grasses, and other dry organic material on the ground, indicate that there is some potential for a fire to spread. Any outdoor burning should be closely monitored.
High: Unfavorable weather conditions and low moisture content of grasses, and other dry organic material on the ground, indicate that there is high potential for a fire to spread. Outdoor burning should be restricted to early morning or evening hours when wind speeds are usually lower and the relative humidity is higher.
Very High: Very poor weather conditions and very low moisture content of grasses, and other dry organic material on the ground, indicate that dangerous burning conditions exist. Fires will spread rapidly and show erratic behavior. Outdoor burning is not recommended.
Extreme: Extreme weather conditions and very low moisture content of grasses, and other dry organic material on the ground, indicate that critical burning conditions exist. All fires have the potential to become large and spread quickly becoming erratic with extreme behavioral characteristics.
(Sturgis)—Meade County has been honored for 30 years of membership with the SDML Workers’ Compensation Fund. The Fund is celebrating its 30 Year Anniversary by recognizing long-term loyal members.
The Fund was created in 1987 as a method of providing workers’ compensation coverage for employees of local government entities in South Dakota. During its longevity, it has provided competitive rates, outstanding customer service and a strong safety and loss control program to the now 452 members.
The Pool is governed by a nine member board of trustees chaired by Karl Alberts, Finance Officer for the City of Aberdeen. “Our focus has been to provide stable rates to our members. The affordability aspect of the Pool over the last 30 years has enabled our members to use the money saved to fund other areas of their budget,’’ said Alberts.
The Fund is a non-assessable risk sharing pool available to Municipalities, Counties, Townships, Conservation Districts and other Special Districts throughout South Dakota and is endorsed by the South Dakota Municipal League and the South Dakota Association of County Commissioners.
County Commission Chairman Galen Niederwerder is pictured above accepting a plaque from SDML Workers’ Compensation Fund Administrator, Brad Wilson.
That the United States Drought Monitor currently shows all of Meade County in Moderate to Severe drought conditions with no signs of immediate improvement.
BE IT FURTHER RESOLVED, that the Board of Meade County Commissioners respectfully petition the Governor of the State of South Dakota and the President of the United States to provide with all dispatch any remedies and state and/or federal assistance available for this type of emergency.
Dated this 28th Day of June, 2017 at Sturgis, South Dakota.
Sturgis, SD - Due to the extreme fire dangers that exist, the Meade County Commission has initiated an immediate county-wide burn ban. The Burn Ban Resolution will remain in effect until it is deemed by the Commission that conditions have improved.
WHEREAS, the Commissioners of Meade County, pursuant to SDCL § 7-18A-8, hereby deem it necessary for the immediate preservation of the public health and safety to adopt the restrictions set forth in this Resolution and it is the intent of the Meade County Board of Commissioners that the provisions of this Resolution shall take effect immediately upon passage by the Board.
BE IT FURTHER RESOLVED that the Open Fire Ban will be in place until fire conditions improve and the Meade County Commission takes action to remove the ban.
Part of Meade County falls within the Black Hills Fire Protection District and state law prohibits the discharge of fireworks within its boundaries.
34-37-16.1. Period during which discharge of fireworks permitted--Violation as misdemeanor. Except as otherwise provided in this chapter, it is unlawful for a person to discharge fireworks in this state except during the period beginning June twenty-seventh and extending through the end of the first Sunday after July fourth and during the period beginning December twenty-eighth and extending through January first. A violation of this section is a Class 2 misdemeanor.
Source: SL 1983, ch 259, § 7; SL 2011, ch 162, § 3; SL 2013, ch 162, § 1.
34-37-19. County regulation of fireworks--Use of South Dakota grassland fire danger index. Any county may, by resolution, regulate or prohibit the use of fireworks outside the boundaries of any municipality in those areas where the fire danger, as determined by use of the South Dakota grassland fire danger index published by the National Weather Service, has reached the extreme category in that county during the period from June twentieth to July second, inclusive, and during the period from December twenty-eighth to January first, inclusive. During any such period, the county's action is suspended if the grassland fire danger index falls below the very high category and again becomes effective if the grassland fire danger index reaches the extreme category.
Source: SL 1989, ch 302; SL 2002, ch 252 (Ex. Ord. 02-1), § 17; SL 2003, ch 187, § 1; SL 2004, ch 239, § 1; SL 2011, ch 162, § 4.
Black Hawk: Fireworks are allowed outside of the Black Hills Fire Protection District.
Public display at Sturgis Fairgrounds July 2nd.
Summerset: Fireworks are not permitted.
Sturgis, SD - TransCanada will fly (scout) the Meade County route of the Keystone XL Pipeline on April 27 or April 28, 2017. The exact time/date of the helicopter survey will be based on weather conditions. The flight will incorporate the services of an environmental engineer, who will gather data for their environmental permit related to Sage Grouse habitation.
Meade County, S.D – South Dakota veterans who served in Taiwan between 1955-1979 may be eligible for the Republic of China Mutual Defense Commemorative Badge.
From 1955 to 1979, a Mutual Defense Treaty was established between the United States of America and the Republic of China (ROC), which protected Taiwan from invasion in the aftermath of the Chinese Civil war.
The Ministry of National Defense of the Republic of China has produced the “U.S.-R.O.C. Mutual Defense Commemorative Badge” to express appreciation for the contribution to maintain the peace and stability across the Taiwan Strait, made by all American soldiers who served in Taiwan during that period.
The South Dakota Department of Veterans Affairs, in partnership with Meade County VSO, Angella Sutton, is taking the lead in informing veterans of this medal.
“Recognizing these heroes provides us an opportunity to thank and honor the sacrifices they made,” said Larry Zimmerman, secretary of the South Dakota Department of Veterans Affairs. “Every veteran has a story to tell and along with that military service comes a variety of medals and awards”.
In addition, the Ministry also produced “Honor Medal for 823 Bombardment” for those who helped Taiwan defend itself during the 1958 Taiwan Strait Crisis.
Veterans that served during this time frame are encourage to contact their local County or Tribal Veterans Service Officer for an application. Veterans will need a copy of their DD214 form as well.
The Meade County Board of Commissioners is accepting applications from individuals who are interested in serving on the Meade County Planning Board.
The Meade County Planning Board is a seven-member advisory Board whose members are appointed by the Meade County Board of Commissioners.
This Board makes recommendations to the Meade County Commission regarding planning functions and procedures. The Board is tasked with ensuring county planning ordinances are implemented consistently and offers oversight to the growth, planning, and development activities within the County.
Individuals who want to be considered for an appointment are asked to fill out a Citizen Interest Application form and submit same to the Meade County Board of Commissioners, 1300 Sherman Street, STE 212, Sturgis, SD 57785. Citizen Interest Application available at: www.meadecounty.org via Human Resources Office.
All applications must be received by 5:00 p.m., Friday, December 23, 2016.
Please contact the HR office @ 605.720.1625 with any questions.
Sturgis, SD - Meade County will host a dedication ceremony of the American Flag flown at half-staff over the State Capital in honor of Governor Walter Dale Miller. The memorial flag has found its final resting place back in Meade County at the Erskine Office Building.
The family of Walter Dale Miller will be present for the event and the public is invited. Refreshments will be served.
Meade County will be offering a training class on Reducing Flood Risk and changes and updates to FEMA Floodplain Insurance.
We will also be answering your questions on a range of FEMA floodplain topics.
This class is free of charge and open to the public. Please email or call Jennifer Williams or Bill Rich to sign up for this class, at jwilliams@meadecounty.org or 605-347-3818.
Meade County Equalization & Planning Dept.
Dated this 28th day of June, 2016.
Sturgis, SD - The Board of Meade County Commissioners announces funding opportunities to organizations who support the conservation and enhancements of natural resources. The County received court ordered restitution (Clean Water Act Violations) in the amount of $83,000 to be paid out over a three year period. These restricted funds are to be used solely for the conservation and enhancement of natural resources.
Black Hills Trails is the first recipient of the County Conservation Fund ($10,000 cash and $5,000 in-kind) which will support their endeavors with the 7th Cavalry Trail System and the Deadman Mountain Trail Project.
The Commission is seeking proposals from other organizations who may qualify for some of these conservation dollars.
Please contact the County Commission office for further information @ 605.720.1625.
STURGIS(12/16/2015) – Bailly Enright, a recent graduate of the Sturgis-based Desiree and Company School of Beauty, opened Sage Brush Salon in Faith in December. The new business is located in the Keffeler Kreations building at 115 North Avenue West. In addition to cuts, colors and retail products for the entire family, she specializes in nail enhancements and operates full time. To make an appointment, call 605-515-3915. Walk-ins are always welcome.
Meade County Commissioners established the Meade County Economic Development Loan Fund in 2012. Today, the total loan fund value is over $140,000. These revolved loan funds are available to private businesses – both large and small – to stimulate economic development growth in Meade County. There is no set minimum or maximum loan amount. Terms are flexible. Loans are funded in partnership with lending agencies, and are based on job and/or service creation. While the Meade County Economic Development Loan Fund is administered by the Sturgis Economic Development Corp (SEDC), all loans require final approval from the Meade County Commission. For more information on the loan fund or the application process, contact Pat Kurtenbach, SEDC, at 605-347-4906 or pat@sturgisdevelopment.com.
About SEDC: SEDC is a private non-profit economic development agency formed in 1973 to assist new and expanding business and industry in Sturgis and the greater Meade County area.
Sturgis, SD - The Board of Meade County Commissioners announces that following a thorough candidate search and competitive process, they have selected Mr. Lincoln Shuck as the Meade County Highway Superintendent.
Mr. Shuck’s professional career delivers over 28 years of experience in heavy industrial environments from maintenance to production and management. Mr. Shuck holds multiple technical certifications which are complemented by notable achievements in personnel and project management.
Mr. Shuck will oversee a vast and diverse highway system which is supported by a dedicated team of 22 highway department employees and a 2016 budget of 7.1 million dollars.
Central Meade County is home to Mr. Shuck as he resides on his family’s ranch that was homesteaded in the early 1900s.
Sturgis, SD - Two school buses loaned from Sturgis based Harlow's Transportation have been given a new job during the Sturgis Motorcycle Rally. Depending on the injuries, the super-sized Ambulance Bus (AmbuBus) has the patient transport capacity of six ambulances. Sturgis firefighters/paramedics can now transport a maximum of twelve patients with a single vehicle which has been retrofitted with twelve stretchers.
Angella Sutton, Meade County Emergency and Dave Smith, City of Sturgis Code Enforcement Officer worked together with Harlow's Transportation to find buses compatible with AmbuBus conversion kits.
Shawn Fischer Sturgis Ambulance Director stated, "The buses are amazing; last Tuesday evening the crew set up a disaster drill in which they triaged patients, packaged, and loaded them into the buses. Everyone thought they worked great and will be priceless in the event of a major emergency."
The AmbuBuses will be activated through mid-August to assist with potential rally related incidents and emergencies.


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Melinda Gallegos brought this civil rights action alleging claims of discrimination under various state and federal statutes in connection with the termination of her employment as a firefighter with the Los Alamos County Fire Department (LACFD). The district court granted summary judgment for the LACFD. Ms. Gallegos raises two issues on appeal, contending the court erred in ruling against her on her claim of disparate impact gender discrimination and on her claim that she was terminated in retaliation for exercising her First Amendment rights. For the reasons set out below, we affirm.
We review a grant of summary judgment de novo, viewing the evidence in the light most favorable to the nonmoving party. See Clinger v. New Mexico Highlands Univ. Bd. of Regents, 215 F.3d 1162, 1165 (10th Cir. 2000). Summary judgment is appropriate only if the record shows there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(c).
Ms. Gallegos was a firefighter and a driver/engineer with the LACFD from 1987 to 1998. In 1995, the LACFD instituted a requirement that all firefighters take a physical performance test known as the Criterion Task Test (CTT). Although Ms. Gallegos took and passed the test in 1995, she injured her back while doing so and believed the test was unsafe and invalid. The next year she continued to express her views, refused to take the test and was suspended for two days. Around this time, Ms. Gallegos developed a neurological condition that caused her eye to twitch and limited her vision. As a result she was placed on medical leave. When the condition did not improve with treatment, she was determined to be unfit for duty and her employment was terminated. Evidence in the record tends to show that the stress and anxiety caused by her problems at work contributed significantly to Ms. Gallegos' neurological condition.
Ms. Gallegos argued below that the CTT had a disparate impact on women and was not job-related. In ruling against her, the district court held she failed to establish a prima facie case. "A disparate impact claim involves employment practices that are 'fair in form, but discriminatory in operation.'" Bullington v. United Air Lines, Inc., 186 F.3d 1301, 1312 (10th Cir. 1999) (quoting Griggs v. Duke Power Co., 401 U.S. 424, 431 (1971)).
[A] plaintiff may establish a prima facie case of disparate impact discrimination by showing that a "specific identifiable employment practice or policy caused a significant disparate impact on a protected group." This prima facie case, in many respects, is more rigorous than in a disparate treatment case because a plaintiff must not merely show circumstances raising an inference of discriminatory impact but must demonstrate the discriminatory impact at issue.
Disparate impact claims are typically proven through statistical evidence. Id. Although the record reflects that Ms. Gallegos herself believed the test was more difficult for smaller persons to perform, she offered no statistics or indeed any evidence demonstrating that the CTT had a significant disparate impact on women. In fact, the only time she took the test she passed it. Moreover, the record indicates that at the time discovery in this lawsuit took place, the LACFD had two other women firefighters and was still requiring essentially the same test. The record contains no evidence showing that a disproportionate number of women were unable to become or remain firefighters with the LACFD or any fire department as a result of their performance in this test. Because Ms. Gallegos failed to offer evidence demonstrating the CTT had a disproportionate impact on women, summary judgment was properly granted.
Ms. Gallegos also asserts she was dismissed in retaliation for speaking out against the test. The district court ruled that Ms. Gallegos' speech was not on a matter of public concern and was therefore not constitutionally protected. A First Amendment retaliation claim is evaluated under the four-step test derived from Pickering v. Board of Educ., 391 U.S. 563 (1968), and Connick v. Myers, 461 U.S. 138 (1983). See Clinger, 215 F.3d at 1165. First the court must determine whether the employee's statements can be "'fairly characterized as constituting speech on a matter of public concern.'" Gardetto v. Mason, 100 F.3d 803, 811 (10th Cir. 1996) (quoting Connick, 461 U.S. at 146). This is a legal question to be resolved by the court. Id. "In deciding whether a particular statement involves a matter of public concern, the fundamental inquiry is whether the plaintiff speaks as an employee or as a citizen." David v. City & County of Denver, 101 F.3d 1344,1355 (10th Cir. 1996). Speech relating to internal personnel disputes, personal grievances and working conditions ordinarily is not viewed as addressing matters of public concern, while speech that pertains to a public entity's discharge of its governmental responsibilities or questions the integrity of government officials is considered to address matters of public interest. See Clinger, 215 F.3d at 1166; David, 101 F.3d at 1355; Gardetto, 100 F.3d at 812. "In making this determination, we must consider the 'content, form, and context of a given statement, as revealed by the whole record.'" Gardetto, 100 F.3d at 812 (quoting Connick, 461 U.S. at 147-48)).
Our review of the record persuades us that Ms. Gallegos' statements concerning the CTT were made in her role as an employee rather than as a citizen. Her complaints focused on her own problems with the test. While she did state her belief that the test was unfair to her because she was a small person and her belief that the test was invalid because it did not accurately reflect field conditions, these statements viewed in context were allegations of a personal grievance and criticism of internal management decisions rather than a charge that the department was not properly performing its governmental responsibilities. Indeed Ms. Gallegos chose not to present to her superiors the views of other male firefighters who also had safety concerns and who ultimately requested an reassessment of the CTT. In sum, we believe the speech here was motivated by Ms. Gallegos' personal problems with the CTT and the conditions of her own employment. Because her statements were made as an employee rather than as a concerned citizen, they are not entitled to First Amendment protection. Summary judgment was properly granted on this claim.

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SPOKANE, Wash. — A Washington federal judge on April 15 granted an insurer’s motion for summary judgment on claims alleging breach of contract and bad faith after determining that the insurer did not breach its contract or act unreasonably in paying for repairs to the insured’s rental property that was damaged by a fire (Barry Chapman, et al. v. State Farm Fire and Casualty Co., No. 17-225, E.D. Wash., 2019 U.S. Dist. LEXIS 64588).
LAS VEGAS — A Nevada federal judge on March 31 allowed a massage therapist’s breach of contract, bad faith and declaratory judgment claims to proceed in a coverage dispute arising from underlying allegations that he engaged in inappropriate sexual acts while he was performing a massage (Starr Indemnity & Liability Company v. Limmie Young, III, et al., No. 14-00239, D. Nev., 2019 U.S. Dist. LEXIS 55467).
RALEIGH, N.C. — A trial court did not err in granting summary judgment in favor of an insurer in a water and mold damage dispute because the insureds did not comply with all of their duties under the policy, the North Carolina Court of Appeals said April 16 (Barbara C. Lyon, et al. v. Service Team of Professionals [Eastern Carolina] LLC, d/b/a 24/Store, et al., No. COA18-627, N.C. App., 2019 N.C. App. LEXIS 359).
PRESCOTT, Ariz. — An Arizona federal judge on April 15 dismissed a workers’ compensation claimant’s bad faith claim against an insurer’s third-party claims administrator because a bad faith claim can be filed only against the insurer and not the third-party claims administrator (Joseph Martin McGhee v. Sedgwick Claims Management Services Inc., No. 19-8003, D. Ariz., 2019 U.S. Dist. LEXIS 64190).
OAKLAND, Calif. — A general contractor insured on April 8 filed suit in the U.S. District Court for the Northern District of California seeking coverage for an underlying lawsuit alleging that materials used as new fill for the levees in a flood protection project were deficient (Brosamer & Wall, Inc. v. Indian Harbor Insurance Company, No. 19-872, N.D. Calif.).
SAN FRANCISCO — A district court did not err in dismissing an insured’s breach of contract claim and in granting an auto insurer’s motion for summary judgment on a bad faith claim because the insured was not owed any contractual benefits under the auto policy, the Ninth Circuit U.S. Court of Appeals said April 10 (Maria Neumayer v. Allstate Insurance Co., et al., No. 17-56469, 9th Cir., 2019 U.S. App. LEXIS 10620).
FRANKFORT, Ky. — The Kentucky Court of Appeals on April 5 reversed a $4.5 million bad faith judgment entered against a commercial liability insurer because the issue of coverage was never established and the jury verdict was flagrantly against the evidence presented in the personal injury coverage suit (Cincinnati Insurance Co. v. Haley Belt, et al., No. 2017-155, Ky. App., 2019 Ky. App. Unpub. LEXIS 222).
WHEELING, W.Va. — An insured’s claims for breach of contract and bad faith alleged against an auto insurer must be dismissed because the insured signed a settlement agreement releasing the insurer from any contractual liability, a West Virginia federal judge said April 9 in granting the insurer’s motion to dismiss (Shawn Durbin v. Nationwide Mutual Insurance Co., et al., No. 18-211, N.D. W.Va., 2019 U.S. Dist. LEXIS 60522).
JACKSON, Miss. — Ruling that an insurance agent and insurance adjuster were improperly joined in an insurance breach of contract and bad faith lawsuit, a federal judge in Mississippi on March 30 denied an insured’s motion to remand, holding that complete diversity of citizenship of the remaining parties exists, providing the federal court with subject matter jurisdiction (Jennifer Luckett v. Allstate Indemnity Co., et al., No. 18-0275, S.D. Miss., 2019 U.S. Dist. LEXIS 54942).
PHOENIX — A federal judge in Arizona on March 21 denied motions for summary judgment filed by both insureds and an insurer in a breach of contract and insurance bad faith lawsuit stemming from an automobile accident, ruling that genuine issues of material fact exist as to whether the insurer acted in bad faith in failing to properly handle the insureds’ underinsured motorist claims (Louis Wikler, et al. v. Privilege Underwriters Inc., et al., No. 17-2664, D. Ariz., 2019 U.S. Dist. LEXIS 47016).
LAS VEGAS — A federal judge in Nevada on March 20 ruled that insureds failed to sufficiently show that an insurer breached its contract with them or acted in bad faith in denying coverage under their homeowners insurance policy after their septic tank backed up and flooded their home (Manish Patel v. American National Property and Casualty Co., No. 18-0667, D. Nev., 2019 U.S. Dist. LEXIS 46721).
BROOKLYN, N.Y. — A New York federal judge on March 26 said a primary insurer cannot introduce evidence regarding the excess insurer’s settlement negotiations in an underlying auto coverage suit filed against an insured because the settlement negotiations are not relevant to the issue of whether the primary insurer acted in bad faith in failing to settle the underlying suit within its primary policy limits (Ohio Casualty Insurance Co. v. Twin City Fire Insurance Co., No. 14-858, E.D. N.Y., 2019 U.S. Dist. LEXIS 50504).
ALLENTOWN, Pa. — A bad faith claim alleged against a homeowners insurer cannot stand because the insured failed to provide evidence showing that the insurer refused or failed to properly evaluate and make a payment on the insured’s claim for a water leak caused by aging pipes in the insured’s home, a Pennsylvania federal judge said March 29 (Martha Mitchell v. Allstate Insurance Co. No. 17-1806, E.D. Pa., 2019 U.S. Dist. LEXIS 55613).
PROVIDENCE, R.I. — A federal judge in Rhode Island on April 2 rejected an automobile insurance provider’s argument that its insured’s contractual bad faith claim should be dismissed because no such claim exists when a party has also brought a breach of contract claim, ruling that even if the insurer’s argument were true, such argument is not “a valid basis for dismissal” under state law (Jeffrey Petrarca v. Garrison Property and Casualty Insurance Co., No. 18-454, D. R.I., 2019 U.S. Dist. LEXIS 56272).
ALBANY, N.Y. — An insured’s bad faith claim alleged against a property insurer is not duplicative of the insured’s breach of contract claim and can stand as a separate claim, a New York federal judge said March 29 in partially denying the insurer’s motion to dismiss (Phi Epsilon Building Association of Alpha Chi Ro Inc. v. RSUI Indemnity Co., No. 18-547, N.D. N.Y., 2019 U.S. Dist. LEXIS 53461).
HARRISBURG, Pa. — The Pennsylvania Supreme Court on March 29 granted a petition for review, agreeing to review whether an appellate court erred in vacating a state trial court’s award of more than $21 million entered in favor of the insureds and against an auto insurer in a bad faith suit (Daniel Berg v. Nationwide Mutual Insurance Co. Inc., No. 569 MAL 2018, Pa. Sup.).

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355 Mich. 227, 93 N.W.2d 888, affirmed.
The criminal provisions of the Smoke Abatement Code of the City of Detroit are constitutional, as applied to prosecution for the emission of dense black smoke by appellant's ships while docked at the Port of Detroit, even though such ships operate in interstate commerce and have been inspected, approved and licensed by the Federal Government for that purpose in accordance with a comprehensive system of regulation enacted by Congress. Pp. 440-448.
(a) The federal inspection laws, which are designed to afford protection from the perils of maritime navigation, do not so preempt the field as to prevent local regulation to protect the health and enhance the cleanliness of the local community, and the local regulation here involved does not unconstitutionally burden the federal licenses issued to these vessels. Pp. 444-448.
(b) The criminal provisions of the Smoke Abatement Code, as applied to appellant's ships, do not impose an undue burden on interstate commerce. P. 448.
Criminal proceedings were instituted in the Detroit Recorder's Court against the appellant and its agents for violations of the city law during periods when the vessels were docked at the Port of Detroit. The appellant brought an action in the State Circuit Court to enjoin the city from further prosecuting the pending litigation in the Recorder's Court, and from otherwise enforcing the smoke ordinance against its vessels, "except where the emission of smoke is caused by the improper firing or the improper use of the equipment upon said vessels." The Circuit Court refused to grant relief, and the Supreme Court of Michigan affirmed, 355 Mich. 227, 93 N.W.2d 888. An appeal was lodged here, and we noted probable jurisdiction, 361 U.S. 806.
The ordinance was enacted for the manifest purpose of promoting the health and welfare of the city's inhabitants. Legislation designed to free from pollution the very air that people breathe clearly falls within the exercise of even the most traditional concept of what is compendiously known as the police power. In the exercise of that power, the states and their instrumentalities may act, in many areas of interstate commerce and maritime activities, concurrently with the federal government. Gibbons v. Ogden, 9 Wheat. l; Cooley v. Board of Wardens of Port of Philadelphia, 12 How. 299; The Steamboat New York v. Rea, 18 How. 223; Morgan v. Louisiana, 118 U.S. 455; The Minnesota Rate Cases, 230 U.S. 352; Wilmington Transp. Co. v. California Railroad Comm., [p443] 236 U.S. 151; Vandalia R. Co. v. Public Service Comm., 242 U.S. 255; Stewart & Co. v. Rivara, 274 U.S. 614; Welch Co. v. New Hampshire, 306 U.S. 79.
The basic limitations upon local legislative power in this area are clear enough. The controlling principles have been reiterated over the years in a host of this Court's decisions. Evenhanded local regulation to effectuate a legitimate local public interest is valid unless preempted by federal action, Erie R. Co. v. New York, 233 U.S. 671; Oregon-Washington Co. v. Washington, 270 U.S. 87; Napier v. Atlantic Coast Line, 272 U.S. 605; Missouri Pacific Co. v. Porter, 273 U.S. 341; Service Transfer Co. v. Virginia, 359 U.S. 171, or unduly burdensome on maritime activities or interstate commerce, Minnesota v. Barber, 136 U.S. 313; Morgan v. Virginia, 328 U.S. 373"] 328 U.S. 373; 328 U.S. 373; Bibb v. Navajo Freight Lines, 359 U.S. 520.
the intent to supersede the exercise by the State of its police power as to matters not covered by the Federal legislation is not to be inferred from the mere fact that Congress has seen fit to circumscribe its regulation and to occupy a limited field. In other words, such intent is not to be implied unless the act of Congress fairly interpreted is in actual conflict with the law of the State.
Savage v. Jones, 225 U.S. 501, 533. See also Reid v. Colorado, 187 U.S. 137; Asbell v. Kansas, 209 U.S. 251; Welch Co. v. New Hampshire, 306 U.S. 79; Maurer v. Hamilton, 309 U.S. 598.
conferring upon Congress the regulation of commerce, . . . never intended to cut the States off from legislating on all subjects relating to the health, life, and safety of their citizens, though the legislation might indirectly affect the commerce of [p444] the country. Legislation, in a great variety of ways, may affect commerce and persons engaged in it without constituting a regulation of it, within the meaning of the Constitution.
Sherlock v. Alling, 93 U.S. 99, 103; Austin v. Tennessee, 179 U.S. 343; Louisville & Nashville R. Co. v. Kentucky, 183 U.S. 503; The Minnesota Rate Cases, 230 U.S. 352; Boston & Maine R. Co. v. Armburg, 285 U.S. 234; Collins v. American Buslines, Inc., 350 U.S. 528. But a state may not impose a burden which materially affects interstate commerce in an area where uniformity of regulation is necessary. Hall v. DeCuir, 95 U.S. 485; Southern Pacific Co. v. Arizona, 325 U.S. 761; Bibb v. Navajo Freight Lines, 359 U.S. 520.
Although verbal generalizations do not, of their own motion, decide concrete cases, it is nevertheless within the framework of these basic principles that the issues in the present case must be determined.
For many years, Congress has maintained an extensive and comprehensive set of controls over ships and shipping. Federal inspection of steam vessels was first required in 1838, 5 Stat. 304, and the requirement has been continued ever since. 5 Stat. 626; 10 Stat. 61; 14 Stat. 227; 16 Stat. 440; 22 Stat. 346; 28 Stat. 699; 32 Stat. 34; 34 Stat. 68; 60 Stat. 1097; 73 Stat. 475. Steam vessels which carry passengers must pass inspection annually, 46 U.S.C. § 391(a), and those which do not, every two years. 46 U.S.C. § 391(b). Failure to meet the standards invoked by law results in revocation of the inspection certificate, or refusal to issue a new one, 46 U.S.C. § 391(d). It is unlawful for a vessel to operate without such a certificate. 46 U.S.C. § 390c(a).
the boilers, unfired pressure vessels, and appurtenances [p445] thereof, also the propelling and auxiliary machinery, electrical apparatus and equipment, of all vessels subject to inspection. . . .
No boiler . . . shall be allowed to be used if constructed in whole or in part of defective material or which because of its form, design, workmanship, age, use, or for any other reason is unsafe.
As is apparent on the face of the legislation, however, the purpose of the federal inspection statutes is to insure the seagoing safety of vessels subject to inspection. Thus, 46 U.S.C. § 392(c) makes clear that inspection of boilers and related equipment is for the purpose of seeing to it that the equipment "may be safely employed in the service proposed." The safety of passengers, 46 U.S.C. § 391(a), and of the crew, 46 U.S.C. § 391(b), is the criterion. The thrust of the federal inspection laws is clearly limited to affording protection from the perils of maritime navigation. Cf. Ace Waterways v. Fleming, 98 F.Supp. 666. See also Steamship Co. v. Jolie, 2 Wall. 450.
[I]n recognition of the dangers to the public health and welfare, injury to agricultural crops and livestock, damage to and deterioration of property, and hazards to air and ground transportation from air pollution, it is hereby declared to be the policy of Congress to preserve and protect the primary responsibilities and rights of the States and local governments in controlling air pollution, to support and aid technical research to devise and develop methods of abating such pollution, and to provide Federal technical [p446] services and financial aid to State and local government air pollution control agencies and other public or private agencies and institutions in the formulation and execution of their air pollution abatement research programs.
The committee recognizes that it is the primary responsibility of State and local governments to prevent air pollution. The bill does not propose any exercise of police power by the Federal Government, and no provision in it invades the sovereignty of States, counties or cities.
S.Rep. No. 389, 84th Cong., 1st Sess. 3.
We conclude that there is no overlap between the scope of the federal ship inspection laws and that of the municipal ordinance here involved. [n2] For this reason, we cannot find that the federal inspection legislation has preempted local action. To hold otherwise would be to ignore the teaching of this Court's decisions which enjoin seeking out conflicts between state and federal regulation where none clearly exists. Savage v. Jones, 225 U.S. 501; Welch Co. v. New Hampshire, 306 U.S. 79; Maurer v. Hamilton, 309 U.S. 598.
An additional argument is advanced, however, based not upon the mere existence of the federal inspection standards, but upon the fact that the appellant's vessels were actually licensed, 46 U.S.C. § 263 and enrolled, [p447] 46 U.S.C. §§ 259-260, by the national government. It is asserted that the vessels have thus been given a dominant federal right to the use of the navigable waters of the United States, free from the local impediment that would be imposed by the Detroit ordinance.
The scope of the privilege granted by the federal licensing scheme has been well delineated. A state may not exclude from its waters a ship operating under a federal license. Gibbons v. Ogden, 9 Wheat. 1. A state may not require a local occupation license, in addition to that federally granted, as a condition precedent to the use of its waters. Moran v. New Orleans, 112 U.S. 69. While an enrolled and licensed vessel may be required to share the costs of benefits it enjoys, Huse v. Glover, 119 U.S. 543, and to pay fair taxes imposed by its domicile, Transportation Co. v. Wheeling, 99 U.S. 273, it cannot be subjected to local license imposts exacted for the use of a navigable waterway, Harman v. Chicago, 147 U.S. 396. See also Sinnot v. Davenport, 22 How. 227.
The mere possession of a federal license, however, does not immunize a ship from the operation of the normal incidents of local police power, not constituting a direct regulation of commerce. Thus, a federally licensed vessel is not, as such, exempt from local pilotage laws, Cooley v. Board of Wardens of Port of Philadelphia, 12 How. 299, or local quarantine laws, Morgan's Steamship Co. v. Louisiana Board of Health, 118 U.S. 455, or local safety inspections, Kelly v. Washington, 302 U.S. 1, or the local regulation of wharves and docks, Packet Co. v. Catlettsburg, 105 U.S. 559. Indeed, this Court has gone so far as to hold that a state, in the exercise of its police power, may actually seize and pronounce the forfeiture of a vessel "licensed for the coasting trade, under the laws of the United States, while engaged in that trade." Smith v. Maryland, 18 How. 71, 74. The present case obviously [p448] does not even approach such an extreme, for the Detroit ordinance requires no more than compliance with an orderly and reasonable scheme of community regulation. The ordinance does not exclude a licensed vessel from the Port of Detroit, nor does it destroy the right of free passage. We cannot hold that the local regulation so burdens the federal license as to be constitutionally invalid.
The claim that the Detroit ordinance, quite apart from the effect of federal legislation, imposes as to the appellant's ships an undue burden on interstate commerce needs no extended discussion. State regulation, based on the police power, which does not discriminate against interstate commerce or operate to disrupt its required uniformity, may constitutionally stand. Hennington v. Georgia, 163 U.S. 299; Lake Shore & Mich. South. R. Co. v. Ohio, 173 U.S. 285; Pennsylvania Gas Co. v. Public Service Comm., 252 U.S. 23; Milk Board v. Eisenberg Co., 306 U.S. 346; Bob-Lo Excursion Co. v. Michigan, 333 U.S. 28.
It has not been suggested that the local ordinance, applicable alike to "any person, firm or corporation" within the city, discriminates against interstate commerce as such. It is a regulation of general application, designed to better the health and welfare of the community. And while the appellant argues that other local governments might impose differing requirements as to air pollution, it has pointed to none. The record contains nothing to suggest the existence of any such competing or conflicting local regulations. Cf. Bibb v. Navajo Freight Lines, 359 U.S. 520. We conclude that no impermissible burden on commerce has been shown.
The Detroit legislation also contains provisions making it unlawful to operate any combustion equipment in the city without a certificate, § 2.16, providing for an annual inspection of all such equipment used in the city, § 2.17, and further providing for the sealing of equipment in the event that the inspection requirements are repeatedly ignored, § 2.20. There is nothing in the record to indicate that the city has at any time attempted to enforce these provisions with respect to the appellant's ships. Accordingly, we do not reach the question of the validity of the inspection sections as they might be applied to appellant, but limit our consideration solely to what is presented upon this record -- the enforcement of the criminal provisions of the Code for violation of the smoke emission provisions.
Compare Napier v. Atlantic Coast Line R. Co., where the Court concluded that "the [Locomotive] Boiler Inspection Act . . . was intended to occupy the field." 272 U.S. 605, 613.
MR. JUSTICE DOUGLAS, with whom MR. JUSTICE FRANKFURTER concurs, dissenting.
The Court treats this controversy as if it were merely an inspection case with the City of Detroit supplementing a federal inspection system as the State of Washington did in Kelly v. Washington, 302 U.S. 1. There, a state inspection system touched matters "which the federal laws and regulations" left "untouched." Id. at 13. This is not that type of case. Nor is this the rare case where state law adopts the standards and requirements of federal law and is allowed to exact a permit in addition to the one demanded by federal law. California v. Zook, 336 U.S. 725, 735. Here, we have a criminal prosecution against a shipowner and officers of two of its vessels for using the very equipment on these vessels which the Federal Government says may be used. At stake are a possible fine of $100 on the owner and both a fine and a 30-day jail sentence on the officers.
Appellant has a federal certificate for each of its vessels -- S.S. John W. Boardman, S.S. S. T. Crapo, and others. The one issued on March 21, 1956, by the United States Coast Guard for S.S. S.T. Crapo is typical. The certificate states "The said vessel is permitted to be navigated for one year on the Great Lakes." The certificate specifies the boilers which are and may be used -- "Main Boilers Number 3, Year built 1927, Mfr. Manitowoc Boiler Wks." It also specifies the fuel which is used and is to be used in those boilers -- "Fuel coal."
Appellant, operating the vessel in waters at the Detroit dock, is about to be fined criminally for using the precise equipment covered by the federal certificate because, it is said, the use of that equipment will violate a smoke ordinance of the City of Detroit.
The requirements of the Detroit smoke ordinance are squarely in conflict with the federal statute. Section 2.2A of the ordinance prohibits the emission of the kind of smoke which cannot be at all times prevented by vessels equipped with hand-fired Scotch marine boilers such as appellant's vessels use. Section 2.16 of the ordinance makes it unlawful to use any furnace or other combustion equipment or device in the city without a certificate of operation which issues only after inspection. Section 2.17 provides for an annual inspection of every furnace or other combustion equipment used within the city. Section 2.20 provides that, if an owner has been previously notified of three or more violations of the ordinance within any consecutive 12-month period, he shall be notified to show cause before the Commissioner why the equipment should not be sealed. At the hearing, if the Commissioner finds that adequate corrective means have not been employed to remedy the situation, the equipment shall be sealed. Section 3.2 provides for a fine of not more than $100 or imprisonment for not more than 30 days, or both, upon conviction of any violation of any provision of the ordinance, and each day a violation is permitted to exist constitutes a separate offense.
Thus, it is plain that the ordinance requires not only the inspection and approval of equipment which has been [p451] inspected and approved by the Coast Guard, but also the sealing of equipment, even though it has been approved by the Coast Guard. Under the Detroit ordinance, a certificate of operation would not issue for a hand-fired Scotch marine boiler even though it had been approved by the Coast Guard. [n3] In other words, this equipment approved and licensed by the Federal Government for use on navigable waters cannot pass muster under local law.
The state law is a comprehensive code. While it excepts vessels which are subject to inspection under the laws of the United States, it has provisions which may be deemed to fall within the class of regulations which Congress alone can provide. For example, Congress may establish standards and designs for the structure and equipment of vessels, and may prescribe rules for their operation, which could not properly be left to the diverse action of the States. The State of Washington might prescribe standards, designs, equipment and rules of one sort, Oregon another, California another, and so on. But it does not follow that, in all respects, the state Act must fail.
The federal and the state statutes are directed to the same subject -- the equipment of locomotives. They operate upon the same object. It is suggested that the power delegated to the Commission has been exerted only in respect to minor changes or additions. But this, if true, is not of legal significance. It is also urged that, even if the Commission has power to prescribe an automatic firebox door and a cab [p453] curtain, it has not done so, and that it has made no other requirement inconsistent with the state legislation. This, also, if true, is without legal significance. The fact that the Commission has not seen fit to exercise its authority to the full extent conferred has no bearing upon the construction of the Act delegating the power. We hold that state legislation is precluded because the Boiler Inspection Act, as we construe it, was intended to occupy the field.
Here, the Coast Guard would be entitled to insist on different equipment. But it has not done so. The boats of appellant, therefore, have credentials good for any port, and I would not allow this local smoke ordinance to work in derogation of them. The fact that the Federal Government, in certifying equipment, applies standards of safety for seagoing vessels, while Detroit applies standards of air pollution, seems immaterial. Federal preemption occurs when the boilers and fuel to be used in the vessels are specified in the certificate. No state authority can, in my view, change those specifications. Yet that is, in effect, what is allowed here.
As we have seen, the Detroit ordinance contains provisions making it unlawful to operate appellant's equipment without a certificate from the city and providing for the sealing of the equipment in case of three or more violations within any 12-month period. The Court says that those sanctions are not presently in issue, that it reserves decision as to their validity, and that it concerns itself only with "the enforcement of the criminal provisions" of the ordinance. Yet by what authority can a local government fine people or send them to jail for using in interstate commerce the precise equipment which the federal regulatory agency has certified and approved? The burden of these criminal sanctions on the owners and officers, particularly as it involves the risk of imprisonment, may indeed be far more serious than a mere sealing [p454] of the equipment. Yet whether fine or imprisonment is considered, the effect on the federal certificate will be crippling. However the issue in the present case is stated, it comes down to making criminal in the Port of Detroit the use of a certificate issued under paramount federal law. Mintz v. Baldwin, 289 U.S. 346, upheld the requirement of a state inspection certificate where a federal certificate might have been, but was not, issued. Cf. California v. Thompson, 313 U.S. 109, 112. Never before, I believe, have we recognized the right of local law to make the use of an unquestionably legal federal license a criminal offense.
What we do today is in disregard of the doctrine long accepted and succinctly stated in the 1851 Term in Pennsylvania v. Wheeling & Belmont Bridge Co., 13 How. 518, 566, "No State law can hinder or obstruct the free use of a license granted under an act of Congress." [n4] The confusion and burden arising from the imposition by one [p455] State of requirements for equipment which the Federal Government has approved was emphasized in Kelly v. Washington, supra, in the passage already quoted. The requirements of Detroit may be too lax for another port. Cf. People v. Cunard White Star, Ltd., 280 N.Y. 413, 21 N.E.2d 489. The variety of requirements for equipment which the States may provide in order to meet their air pollution needs underlines the importance of letting the Coast Guard license serve as authority for the vessel to use, in all our ports, the equipment which it certifies.
1. 46 U.S.C. § 392.
When the inspection of a steam vessel is completed and the Secretary of the Department in which the Coast Guard is operating approves the vessel and her equipment throughout, he shall make and subscribe a certificate to that effect.
It is agreed it is impossible to prevent emission of the kind of smoke prohibited by the smoke ordinance if the vessel is equipped with hand-fired scotch marine boilers. The Boardman has two boilers, each with two doors and one steam air jet over each door. The Crapo has three boilers, each with two doors and one steam air jet over each door. The steam jets being installed at the suggestion of Benjamin Linsky, former Chief of the Bureau of Smoke Abatement for the City.
Testimony showed also that the plaintiff used a chemical in an attempt to reduce the smoke. Plaintiff urges it has done everything that it could possibly do with the equipment it has to prevent the emission of smoke. It was shown on trial that the fleet is subject to periodic inspection by the coast guard, which issues a search [sic] of inspection. The Crapo, in 1955, docked at Detroit twenty-two times for an average docking time of 23.9 hours, and the Boardman docked at Detroit 25 times that year, with an average stay of 16.2 hours. Both vessels were constantly engaged in interstate and foreign commerce during this period.
4. Smith v. Maryland, 18 How. 71, is not to the contrary. There, a vessel enrolled under the laws of the United States was allowed to be forfeited by Maryland for dredging for oysters in violation of Maryland law. But the enrollment of vessels serves only a limited purpose. Smith v. Maryland, supra, was explained in Stewart Co. v. Rivara, 274 U.S. 614. The Court said, "The purpose of the enrollment of vessels is to give to them the privileges of American vessels, as well as the protection of our flag." Id. at 618. Enrollment, without more, did not give the enrolled vessel a license to disregard the variety of pilotage, health and other such local laws which the opinion of the Court in the famous case of Cooley v. Board of Port Wardens, 12 How. 299 (written by Mr. Justice Curtis who also wrote for the Court in Smith v. Maryland), had left to the States to be obeyed by all vessels. The local regulations approved in the Cooley case never qualified the license to ply as a vessel, nor penalized its movement on navigable waters. The federal license in the instant case, however, specifically describes the only equipment and fuel which these vessels are allowed to use, and Detroit is permitted to make their use criminal.
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