Tulane Environmental Law Clinic

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The Tulane Environmental Law Clinic (TELC) is a legal clinic that Tulane Law School has operated since 1989 to offer law students the practical experience of representing real clients in actual legal proceedings under state and federal environmental laws. [1]

Contents

Mission

TELC's mission is to 1) train effective and ethical lawyers by guiding law students through actual client representation; 2) expand access to the legal system, especially for those who could not otherwise afford competent legal help on environmental issues; and 3) bolster community members' capacity to participate effectively in environmental decisions. [2]

TELC is part of Tulane University School of Law's environmental law program and has become one of Louisiana's premier public interest legal services organizations, known especially for its work on environmental justice issues. [3] On behalf of their clients, TELC students [4] and supervising attorneys litigate environmental citizen suits to abate industrial pollution, [5] appeal permits for environmental pollution or destruction of wetlands, [6] challenge agency regulations that fall short of legislative mandates, [7] and prod agencies to perform statutory duties. [8] Louisiana state courts, [9] and most federal courts in Louisiana, [10] have adopted "student practice" rules that allow TELC students to appear and argue in court. [11]

The American Bar Association honored TELC as co-recipient of its first "Award for Distinguished Achievement in Environmental Law and Policy" in 2000. [12] In 2010, the New Orleans chapter of the Federal Bar Association honored TELC with its Camille F. Gravel Jr. Pro Bono Award [13] In addition, TELC was a runner up for the National Law Journal's Lawyer of the Year award in 1998. [14]

Cases

Attorney Suzanne S. Dickey has explained that TELC student attorneys have "handled cases involving all aspects of environmental law, including air pollution, conservation of natural resources, urban land use and siting of waste facilities." [15] Some examples appear below.

Funding

In addition to funding from Tulane Law School, TELC relies on donations by individuals, families and corporations, foundation grants, [58] and attorney-fee recoveries. [59]

Controversy

Many of TELC's cases involve large corporations or issues of community, statewide, or national concern. [60] For this reason, TELC's work on behalf of its clients can be controversial. [61] John R. Kramer, the law school's dean at the time of TELC's inception, publicly defended TELC's work when it frustrated Louisiana chemical and oil companies during his tenure through 1996. [62]

Largely as a result of these events, the Times-Picayune has described TELC as the bane of former Governor Mike Foster and business groups. [69] Even after EPA's objection to the polyvinyl chloride plant, however, Governor Foster met cordially with a TELC student attorney on Clean Water Act issues in January 2003. [70]

Movies & TV

See also

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References

  1. ↑ "TELC - Home Page". Archived from the original on 2008-09-19. Retrieved 2008-10-17.
  2. ↑ "More about the clinic". Archived from the original on 2008-11-22. Retrieved 2008-12-11.
  3. ↑ J. Timmons Roberts and Melissa M. Toffolon-Weiss, Chronicles of the Environmental Justice Frontline (Cambridge University Press 2001); Steve Lerner, Diamond: A Struggle for Environmental Justice in Louisiana's Chemical Corridor (MIT Press 2005), see also Adam Babich, Environmental Justice in Louisiana, 51 LA. B.J. 90 (Aug. 2003), http://www.tulane.edu/~telc/assets/articles/08-15-03%20Babich,Env%20Justice%20in%20La.pdf
  4. ↑ Jason T. Barbeau, Practicing Before the Bar Exam, Envtl.F., July-Aug 2001, at 5, http://www.tulane.edu/~telc/assets/articles/07-01%20Before%20The%20Bar%20Ex.pdf
  5. ↑ Transcript, Formula for Disaster?, NOW with David Brancaccio, July 15, 2005, https://www.pbs.org/now/transcript/transcriptNOW128_full.html
  6. ↑ O'Reilly v. U.S. Army Corps of Engineers, 477 F.3d 225 (5th Cir. 2007)
  7. ↑ South Coast Air Quality Management District v. EPA, 472 F.3d 882 (D.C. Cir., 2006)
  8. ↑ See, e.g., EPA letter demanding reform of Louisiana water quality program following TELC petition for withdrawal of program (Feb. 14, 2003), http://www.tulane.edu/~telc/assets/agency/2-14-03_epa_demand.pdf
  9. ↑ Louisiana Supreme Court Rule XX,http://www.lasc.org/rules/supreme/RuleXX.asp
  10. ↑ Uniform Local Rules Of The United States District Courts For The Eastern, Middle, And Western Districts Of Louisiana, LR83.2.13, "Local Civil Rule 83". Archived from the original on 2008-07-03. Retrieved 2008-10-18.
  11. ↑ Elizabeth Amon, Law Clinic Battles It Out On Bayou, National Law Journal, Oct. 7, 2002, see http://www.law.com/jsp/article.jsp?id=900005532587
  12. ↑ Pamela Coyle, Tulane Law Clinic Honored For Work Communities Got Help In Environmental Cases, New Orleans Times-Picayune, July 5, 2000
  13. ↑ "Tulane University Law School - News Item Detail". www.law.tulane.edu.
  14. ↑ (the award went to President Bill Clinton)
  15. ↑ Suzanne S. Dickey, The Tulane Environmental Law Clinic: A Voice for Louisiana Citizens, La. B.J., Aug./Sept. 2001, http://www.tulane.edu/~telc/assets/articles/Voice%20for%20La%20Citizens.pdf
  16. ↑ St. Bernard Citizens for Environmental Quality, Inc. v. Chalmette Refining, L.L.C., 399 F. Supp. 2d 726 (E.D. La. 2005), http://www.tulane.edu/~telc/assets/Court%20Orders/10-14-05%20St.%20Bernard%20Chalmette%202d%20SJ%20Ord.pdf
  17. ↑ Judgment, In re: Waste Management of Louisiana, LLC, Woodside Landfill Air Permitting Decisions, 529640 (La. App. 1 Cir. 8/22/07), http://www.tulane.edu/~telc/assets/pdfs/08-22-07%20Woodside%20PSD%201st%20Cir.pdf
  18. ↑ See http://leanweb.org
  19. ↑ See, e.g., South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006), http://www.tulane.edu/~telc/assets/Court%20Orders/12-22-06%20South%20Coast%20-%20DC%20Cir.pdf; see also July 8, 2008 Notice of Intent of the Louisiana Environmental Action Network to file Clean Air Act Citizen Suit Against EPA and the LDEQ Secretary, http://www.tulane.edu/~telc/assets/Notice%20Letters/7-8-08%20Ozone%20FIP%20NOV.pdf
  20. ↑ Louisiana Environmental Action Network v. EPA, No. 02-60991 (5th Cir. 2004) (noting the Court's earlier remand of an EPA attempt to extend the five parish Baton Rouge nonattainment area's deadline for meeting the health protection standard for ozone air pollution, and noting the Court's earlier vacatur of an EPA attempt to approve a trade-off of increased emissions of volatile organic compounds for decreased emissions of nitrogen oxides in the same area, and vacating EPA's approval of a contingency plan for the area based on historical emission reductions from a facility located outside of the area), http://www.tulane.edu/~telc/assets/pdfs/9-08-04%20EPA_extend_5.pdf For an analysis of the EPA/Louisiana interpollutant trading scheme, see The Sting, How Louisiana's Emission Credit Trading System Dirties the Air, Second Generation Issues ABA Committee Newsletter (May, 2003), http://www.tulane.edu/~telc/assets/articles/05-03%20The%20Sting%20-%20La%20Emission%20Trading.pdf
  21. ↑ Louisiana Environmental Action Network v. Whitman, No. 00-879-A (M.D. La., Feb. 27, 2002), http://www.tulane.edu/~telc/assets/pdfs/02-27-02_SJ.pdf
  22. ↑ See LDEQ acknowledgment of illegalities in emission credit reduction "bank" (Oct. 5, 2000), http://www.tulane.edu/~telc/assets/agency/10-5-00_epa_illegal_bank.pdf, EPA response to petition to object to a Borden permit (regarding emission credit trading issues) (Dec. 12, 2000), http://www.tulane.edu/~telc/assets/agency/12-22-00_borden.pdf
  23. ↑ See, e.g., Comments on behalf of the GreenZone Task Force, Louisiana Environmental Action Network, and O'Neil Couvillion to the LDEQ (Feb. 15, 2007), http://www.tulane.edu/~telc/assets/Comments/2-15-07_landfill.pdf; LDEQ letter summarizing changes made to a Clean Water Act permit in response to comments (Feb. 26, 2007), http://www.tulane.edu/~telc/assets/agency/2-26-07_deq.pdf
  24. ↑ See Stipulated Judgment, Gulf Restoration Network v. EnerVest Operating, L.L.C., No. 07-817 (W.D. La. July 2, 2009), http://www.tulane.edu/~telc/assets/pdfs/7-2-09_Enervest.pdf
  25. ↑ Complaint, Concerned Citizens of Independence v. DoRan Seafood, LLC, No. 09-CV-2833 (E.D. La. Feb. 19, 2009), http://www.tulane.edu/~telc/assets/complaints/2-19-09%20Comp%20STMP.pdf
  26. ↑ Petition for Withdrawal of the National Pollutant Discharge Elimination System Program Delegation from the State Of Louisiana (filed 10/9/01, supplemented 2/22/02 & 9/17/02), http://www.tulane.edu/~telc/assets/petitions/9-17-02%20Pet%20to%20EPA%20to%20Withdraw%20NPDES%20&%20Supplements.pdf
  27. ↑ EPA Letter re: Louisiana's administration of the LPDES program (Feb. 14, 2003), http://www.tulane.edu/~telc/assets/agency/2-14-03_epa_demand.pdf
  28. ↑ 70 Fed. Reg. 810, 810 (Jan. 5, 2005)
  29. ↑ See http://www.felicitystreet.org
  30. ↑ Notice of Intent of Felicity Street Redevelopment Project, Inc. to sue Suiza Foods (April 12, 2001), http://www.tulane.edu/~telc/assets/Notice%20Letters/4-12-01_Suiza_NOI.pdf
  31. ↑ Suiza Foods response to notice of stormwater control violations (June 14, 2001), http://www.tulane.edu/~telc/assets/agency/6-14-01%20Suiza.pdf
  32. ↑ Order Denying Second Motion To Dismiss, Gulf Restoration Network v. Hancock County Development, No. 08-186 (S.D. Miss. Nov. 16, 2009), http://www.tulane.edu/~telc/assets/pdfs/11-16-09_hancock.pdf; Order Denying Motion To Dismiss, Gulf Restoration Network v. Hancock County Development, No. 08-186 (S.D. Miss. Feb. 3, 2009), http://www.tulane.edu/~telc/assets/pdfs/2-3-09_Deny.pdf
  33. ↑ O'Reilly v. U.S. Army Corps of Engineers, 477 F.3d 225 (5th Cir. 2007), http://www.tulane.edu/~telc/assets/Court%20Orders/1-24-07%205th%20Cir%20O%27Reilly-Timber%20Br.pdf
  34. ↑ Ogeechee-Canoochee Riverkeeper, Inc. v. U.S. Army Corps of Engineers, 559 F.Supp.2d 1336 (S.D. Ga. May 27, 2008)
  35. ↑ Oakville Community Action Group v. Plaquemines Parish Council, No 2008-CA-1286 (La. App. 4th Cir. 2/18/09), http://www.tulane.edu/~telc/assets/pdfs/2-18-09%20Ruling%20Ind%20Pipe%20Coastal%20Use.pdf
  36. ↑ George Washington, Concerned Citizens of St. Helena Parish and Louisiana Environmental Action Network v. St. Helena Parish Police Jury, No. 18370 (21st Jud. Dist. 2005), http://www.tulane.edu/~telc/assets/Court%20Orders/06-07-05%20Judgment%20St%20Helena%20Landfill.pdf
  37. ↑ See, e.g., Sixth Amended Declaration of Emergency and Administrative Order" (Hurricane Katrina and its Aftermath, A.I. No. 130534) (dated June 29, 2006) http://www.deq.louisiana.gov/portal/portals/0/news/pdf/HurricaneKatrina6thAmendedDeclaration6-29-06.pdf, Fourth Amended Declaration of Emergency and Administrative Order" (In the Matter of Hurricane Rita and its Aftermath, A.I. No. 131019) (dated June 29, 2006) http://www.deq.louisiana.gov/portal/portals/0/news/pdf/HurricaneRita4thAmendedDeclaration6-29-06.pdf
  38. ↑ Louisiana Environmental Action Network and Sierra Club v. McDaniel, No. 06-4161 (E.D. La., Aug. 9, 2006)
  39. ↑ Eighth Amended Declaration of Emergency and Administrative Order" (Hurricane Katrina and its Aftermath, A.I. No. 130534) (dated Jan. 19, 2007), http://www.deq.louisiana.gov/portal/portals/0/news/pdf/HurricaneKatrina8thAmdDec011907.pdf; Sixth Amended Declaration of Emergency and Administrative Order" (In the Matter of Hurricane Rita and its Aftermath, A.I. No. 131019) (dated Jan. 19, 2007), http://www.deq.louisiana.gov/portal/portals/0/news/pdf/HurricaneRita6thAmdDec011907.pdf
  40. ↑ LDEQ's Ninth Amended Declaration of Emergency and Administrative Order" (Hurricane Katrina and its Aftermath, A.I. No. 130534) (dated March 19, 2007), http://www.deq.louisiana.gov/portal/portals/0/news/pdf/HurricaneKatrina-9thAmendedDeclaration&AdminOrder3-19-07.pdf, Seventh Amended Declaration of Emergency and Administrative Order" (In the Matter of Hurricane Rita and its Aftermath (dated March 19, 2007), http://www.deq.louisiana.gov/portal/portals/0/news/pdf/HurricaneRita-7thAmendedDeclaration&AdminOrder3-19-07.pdf.
  41. ↑ Order, Louisiana Environmental Action Network and Sierra Club v. McDaniel, No. 06-4161 (E.D. La., Sept. 5, 2007)
  42. ↑ Schoeffler et al v. Kempthorn, No. 6:05-cv-01573 (W.D. La. June 26, 2007)
  43. ↑ Partial Settlement Agreement, Coalition for Louisiana Animal Advocates v. U.S. Department of Agriculture, No. 01-31361 (5th Cir., settlement dated July 25, 2002)
  44. ↑ See, e.g., Petition, Alliance for Affordable Energy v. Louisiana Public Service Commission, No. 568378 (19th Jud. Dist. June 30, 2008), http://www.tulane.edu/~telc/assets/complaints/6-30-08%20Li%27l%20Gypsy%20Pet%20Jud%20Rev.pdf
  45. ↑ Notice of Intent of Alliance for Affordable Energy and others to Sue Entergy Louisiana, LLC (April 1, 2008), http://www.tulane.edu/~telc/assets/Notice%20Letters/4-1-08%20Lil%20Gypsy.pdf
  46. ↑ Entergy response to April 1, 2008, notice of violation (May 23, 2008), http://www.tulane.edu/~telc/assets/agency/5-23-08%20ELL%20Resp.pdf
  47. ↑ See Report Of Status Conference And Notice Of Third Amended Procedural Schedule And Notice Of Hearing And Notice Of Oral Argument On Motions To Compel, In re: Application of Entergy Louisiana, LLC for Approval to Repower Little Gypsy Unit 3 Electric Generating Facility and for Authority to Commence Construction and/or Certain Cost Protection and Cost Recovery, No. U-30192 (Phase II) (La. Pub. Serv. Comm'n, Feb. 17, 2009)
  48. ↑ Rebecca Mowbray, PSC orders Entergy to suspend work on Little Gypsy project, Times‐Picayune (March 11, 2009); Louisiana Public Service Comm'n Order U-30192-B, In re: Application of Entergy Louisiana, LLC for Approval to Repower Little Gypsy Unit 3 Electric Generating Facility and for Authority to Commence Construction and/or Certain Cost Protection and Cost Recovery, No. U-30192 (Phase II) (March 13, 2009)
  49. ↑ Entergy Report and Recommendation (April 1, 2009) http://www.tulane.edu/~telc/assets/agency/4-1-09_ELL_Req.pdf
  50. ↑ Notice of Intent of St. James Citizens for Jobs and the Environment, Louisiana Environmental Action Network and Ms. Gloria Braxton to sue FTM and Associates (Nov. 23, 2004), http://www.tulane.edu/~telc/assets/Notice%20Letters/11-23-04_St.Jas_NOV.pdf
  51. ↑ Allen Powell II, Convent residents claim victory over sludge, Times-Picayune (Dec. 18, 2004)
  52. ↑ Bruce Eggler, Judge: N.O. landfill to stay closed, Times-Picayune (Oct. 14, 2006)
  53. ↑ This duty flows from La. Const. art. IX, § 1. See In re Rubicon, Inc., 95-0108 (La. App. 1 Cir. 2/14/96); 670 So. 2d 475, 483; Save Ourselves, Inc. v. Louisiana Envtl. Control Comm'n, 452 So. 2d 1152, 1157 (La. 1984)
  54. ↑ See, e.g., Ruling, Lake Peigneur Preservation and Beautification Association v. Herbert Thompson, No. 409,139 (19th Jud. Dist. Jan. 15, 1997), http://www.tulane.edu/~telc/assets/pdfs/01-15-97_Lake_Peigneur.pdf
  55. ↑ Holy Cross Neighborhood Ass'n v. U.S. Army Corps of Engineers, 455 F. Supp. 2d 532 (E.D. La. 2006), http://www.tulane.edu/~telc/assets/pdfs/10-04-06_HolyCross_SJ.pdf
  56. ↑ Notice of Intent of Concerned Citizens Around Murphy to Sue to EPA (June 3, 2008) http://www.tulane.edu/~telc/assets/Notice%20Letters/6-3-08%20CAA%20NOV%20to%20EPA%20Asbestos%20Burn.pdf
  57. ↑ EPA Response to Comments, Disaster Debris Reduction Pilot Project – St. Bernard Parish (June 23, 2008), http://www.tulane.edu/~telc/assets/agency/06-23-08%20EPA%20resp.pdf
  58. ↑ "Archived copy" (PDF). Archived from the original (PDF) on 2012-02-20. Retrieved 2009-02-02.{{cite web}}: CS1 maint: archived copy as title (link)
  59. ↑ See, e.g., Court Order, Holy Cross Neighborhood Association v. U.S. Army Corps of Engineers, No. 03-0370 (E.D. La. May 30, 2008), http://www.tulane.edu/~telc/assets/pdfs/5-30-08%20Ord%20&%20Reasons%20Holy%20Cross%20-%20Fees.pdf
  60. ↑ TELC publishes its docket at http://www.tulane.edu/~telc/docket.htm
  61. ↑ See Cases and Controversy, Envtl.F., Oct. 6, 2006, at 38, http://www.tulane.edu/~telc/assets/articles/controversy.pdf; see also David Jacobs, Chemical Reaction, Baton Rouge Business Report, (Dec. 15, 2009) http://www.businessreport.com/news/2009/dec/15/chemical-reaction-indt1/
  62. ↑ "Washington Post Obituary: Law Professor John R. Kramer; Led GU's Legal Clinic Program, 3/10/06". www.cbpp.org.
  63. ↑ Marcia Coyle, Governor v. Students in $700M Plant Case, National Law Journal, Sept. 8, 1997.
  64. ↑ EPA, Order Partially Granting and Partially Denying Petitions for Objections to Permits, In the Matter of Shintech Inc. and its Affiliates' Polyvinyl Chloride Production Facility, Permit Nos. 2466-VO, 2467-VO, 2468-VO (Sept. 10, 1997), at http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions/shintech_decision1997.pdf
  65. ↑ Robert E. Holden & Tad Bartlett, Leaving Communities Behind: The Evolving World of Environmental Justice, 51 LA. B.J., Aug./Sept. 2003 at 95
  66. ↑ Lifetime Television broadcast, Dec. 10, 2001
  67. ↑ La. Sup. Ct., Resolution Amending and Reenacting Rule XX, (Johnson, J. dissenting) (1999) at 1, at http://www.lasc.org/rules/supreme/resolution499.asp
  68. ↑ Adam Babich, How the Tulane Environmental Law Clinic Survived the Shintech Controversy and Rule XX Revisions: Some Questions and Answers, 32 Envtl. L. Rep. (Envtl. L. Inst.) 11476 (Dec. 2002), http://www.tulane.edu/~telc/assets/articles/12-02%20How%20TELC%20Survived.pdf
  69. ↑ "Chief justice leaves bench after 36 years".
  70. ↑ TELC Annual Report 2002-03, p. 17, http://www.tulane.edu/~telc/assets/annual/2002-03%20Annual%20Report.pdf
  71. ↑ Panel derails law clinic bill, Baton Rouge Advocate (5/20/10), http://www.2theadvocate.com/news/94371459.html
  72. ↑ Louisiana Senate Bill No. 549 (3/29/10), http://www.legis.state.la.us/billdata/streamdocument.asp?did=690665
  73. ↑ Senator, Louisiana Chemical Association get no support for bill to limit student law clinics, Times-Picayune (5/19/10), http://www.nola.com/politics/index.ssf/2010/05/senator_louisiana_chemical_ass.html; Our Views: Law clinic bill is a bad idea, Baton Rouge Advocate 5/19/10), http://www.2theadvocate.com/opinion/94220164.html Beware curtailing law school clinics, Shreveport Times (4/27/10), http://www.shreveporttimes.com/article/20100427/OPINION03/4270319/Beware-curtailing-law-school-clinics; Editorial, First, They Get Rid of the Law Clinics, New York Times (4/11/10), https://www.nytimes.com/2010/04/12/opinion/12mon3.html; Louisiana Legislature should leave university law clinics alone: an editorial, Times Picayune (4/1/10), http://www.nola.com/opinions/index.ssf/2010/04/post_65.html
  74. ↑ Clinical Legal Education Association Letter (5/10/10), http://www.saltlaw.org/userfiles/5-10-10CLEA%20ltr%20La_%20SB%20549.pdf
  75. ↑ Society of American Law Teachers Letter (4/29/10), http://www.saltlaw.org/userfiles/file/SALT%20PDF%20Documents%20/LAClinic_4-29-10_Senator%20Ann%20Duplessis.pdf
  76. ↑ Association of American Law Schools letter (5/10/10), http://aals.org/documents/PragerLetterMay10.pdf
  77. ↑ "Archived copy" (PDF). Archived from the original (PDF) on 2011-07-21. Retrieved 2010-05-23.{{cite web}}: CS1 maint: archived copy as title (link)
  78. ↑ Statement of ABA President Lamm Re: Louisiana Senate Bill 549 to Restrict Law School Clinic Activities (5/12/10), http://www.abanow.org/2010/05/statement-of-aba-president-lamm-re-louisiana-senate-bill-549-to-restrict-law-school-clinic-activities/
  79. ↑ Law clinics are public service, student practice: a letter to the editor, Times Picayune (5/17/10), http://www.nola.com/opinions/index.ssf/2010/05/law_clinics_are_public_service.html; Letter: Protecting La. Individuals' rights, Times Picayune (5/13/10), http://www.2theadvocate.com/opinion/93641724.html; Attacks on Law School Clinics and the Creed of Atticus Finch, American Constitution Society Blog (4/8/10), http://www.acslaw.org/node/15814
  80. ↑ Video: Hearing, Louisiana Senate Commerce, Consumer Protection, and International Affairs Committee (5/19/10), http://senate.legis.state.la.us/video/2010/May/051910comp2.asx
  81. ↑ Opinion: Law clinic ban dies a good death, New Orleans CityBusiness Commentary (5/21/10) (also published as a print editorial, "A good kill," 5/24/10 p. 22), http://neworleanscitybusiness.com/blog/2010/05/20/opinion-law-clinic-ban-dies-a-good-death
  82. ↑ Jeremy Alford, Ready for the courtroom, Archived 2010-10-27 at the Wayback Machine Greater Baton Rouge Business Report, 2010 June 1–14, pp. 25-26 (accessed 2010 June 7). Cowen's nemesis in testimony before the committee was Louisiana Chemical Association president Dan Borné, who said that the mission of the law clinic "seems to be to attack business and business advancement and industrial advancement."
  83. ↑ See http://www.abode-film.org, https://www.imdb.com/title/tt1379047
  84. ↑ "NOW. Transcript. July 15, 2005 - PBS". www.pbs.org.
  85. ↑ "Taking Back Our Town" – via www.imdb.com.
  86. ↑ See https://www.imdb.com/title/tt0465484
  87. ↑ "Justice For Sale?". CBS News .
  88. ↑ "Transcript - Justice For Sale - FRONTLINE - PBS". www.pbs.org.
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