Airborne Particulate Matter (PM) Articles

Airborne Particulate Matter (PM) Articles by Dr. Robert A. Michaels, NYPPL's science consultant, are available for free download via: https://www.researchgate.net/profile/Robert_Michaels3/publications

Michaels, RA.  Serology testing for antibodies induced by Covid-19 may indicate past exposure without past infection.  Science Magazine, e-Letter, online: https://science.sciencemag.org/content/368/6495/1060/tab-e-letters, 18 June 2020;

Michaels, RA.  Legacy contaminants of emergent concern.  Conference presentation:  Energy and Environmental Law Section, New York State Bar Association, Annual Meeting, New York City, 31 January 2020;

Michaels, RA.  Confidence in courts:  a delicate balance.  Science Magazine, 357(6353):764, Letters, doi: 10.1126/science.aao3967, 25 August 2017;

Michaels, RA.  Environmental Moisture, Molds, and Asthma - Emerging Fungal Risks in the Context of Climate Change.  Environmental Claims Journal, 29(3):171-93, 2017; online:  https://doi.org/10.1080/10406026.2017.1345521, 26 July 2017;

Michaels. RA.  Particulate matter:  the Marines, EPA, and air quality. Guest Perspective. Arlington, Virginia; Risk Policy Report, 11(10):33-5, 26 October 2004;

Michaels, RA.  EPA can no longer ignore risks potentially posed by hours-long PM excursions.  Commentary.  Risk Policy Report, 8(9):35-9, 18 September 2001;

Michaels, RA; and MT Kleinman.  Effects exerted by PM in minutes to hours, involving immunological and electrophysiological mechanisms, can account for epidemiological associations of daily morbidity and mortality with 24-hour-average PM in air.  Inhalation Toxicology, 12(Supplement 2):151(Abstract), 2000;

Michaels, RA.; and MT Kleinman.  Incidence and apparent health-significance of brief airborne particle excursions.  Aerosol Science and Technology, 32:93-105, February 2000;

Michaels, RA.  Health effects of airborne particulate matter:  role of short-term exposures in producing chronic effects.  In:  Current Asbestos Issues, Sourcebook on Asbestos Diseases; George A. Peters and Barbara J. Peters, Editors.  Charlottesville, Virginia; Reed Elsevier, Inc.; Lexis Law Publishing Division; Volume 18, pp. 117-43, 1998;

Michaels, RA.  Permissible daily airborne particle mass levels encompass brief excursions to the ‘London fog’ range which may contribute to daily mortality and morbidity in communities.  Applied Occupational and Environmental Hygiene, 13(6):385-94, June 1998;

Michaels, RA.  Particulate matter policy.  Science, 278:1,696 (letter); 5 Dec. 1997; 

Michaels, RA.; and MT Kleinman.  Dose-dependent health risks support control of one-hour airborne particle levels.  Proceedings of the 90th Annual Meeting of the Air & Waste Management Association; Toronto, Ontario, Canada; 8-13 June 1997, 21 pp. 1997;

Michaels, RA.  A technically supportable middle ground in the particulate matter debate.  Commentary.  Risk Policy Report, 4(4):35-7, 18 April 1997;

Michaels, RA.  Airborne particle excursions contributing to daily average particle levels may be managed via a one-hour standard, with possible public health benefits.  Aerosol Science and Technology, 25:437-44, November 1996.

Michaels, RA.  Health risks support a one-hour airborne particle standard with data acquisition via rapid automated monitoring instrumentation.  In:  Measurement of Toxic and Related Air Pollutants, cosponsored by U. S. EPA and Air and Waste Management Association, Research Triangle Park, North Carolina, 7-9 May 1996; pp. 201-7, 1996;

Michaels, RA.  Health risks and particle monitoring:  new technologies to meet emerging data needs.  Pittsburgh, Pennsylvania; 14th Annual Meeting, American Association for Aerosol Research, Abstracts, page 338, 9-13 October 1995;

Michaels, RA.  Health Risks and Particle Monitoring:  New Technologies to Meet Emerging Data Needs, Including A One-Hour Upper Mass Limit in the Next National Ambient Air Quality Standard.  Robert A. Michaels; PhD, CEP; Project Director.  Schenectady, New York; RAM TRAC Corporation, 169 pp., 17 July 1995.

CONTACT INFORMATION

Dr. Robert A. Michaels; PhD, CEP

President, RAM TRAC Corporation Schenectady, New York

(518) 785-0976

www.ramtrac.com

bam@ramtrac.com

 

Evidence claim to have been concealed will be deemed irrelevant absent a showing it is material to resolving the arbitration

In this CPLR Article 75 action challenging a disciplinary arbitration award resulting in the termination of the Petitioner from his employment by the City of New York, the Appellate Division found that the Petitioners failed to meet their burden of "establishing, by clear and convincing evidence, the existence of fraud or misconduct sufficient to warrant vacatur of the arbitration award under CPLR 7511(b)(1)(i)."

Although the Petitioners' claimed that there was intentionally concealed video evidence present in the course of the arbitration, the Appellate Division opined that Petitioners failed to demonstrate that the alleged concealed video evidence was "materially related to an issue in arbitration" as the arbitrator had determined that the testimony given at the hearing was sufficient to sustain the employee's guilt and the imposition of the penalty of termination.

Click HERE to access the Appellate Division's decision.

Employees seeking reinstatement following submitting a resignation must comply with the controlling law, rule or regulation

In Sanchez v The Department of Education of the City of New York, 2022 NY Slip Op 00954, the Appellate Division held that Sanchez, the petitioner in this CPLR Article 78 action, was not entitled to the restoration of his tenure upon his return from resignation as he failed to provide 30 days' notice of his resignation. The court explained that the Department of Education's action was not arbitrary and capricious, noting that "[J]udicial deference to an agency's interpretation of its own regulations is a basic tenet of administrative law," citing Andryeyeva v New York Health Care, Inc., 33 NY3d 152, and that it had previously ruled that "DOE employees must 'strictly' comply with the procedures set forth in Chancellor's Regulation C 205," citing Matter of Vaccaro v Board of Educ. of the City Sch. Dist. of the City of N.Y., 139 AD3d 612.

Click HEREto access the text of the Appellate Division's ruling.