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Rapid Reaction: Washington decision coming down to wire no comment on suspensions redshirt likely for McCaffrey |
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Bloomberg HT Washington |
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USA Washington punta sulle Terre Rare dell’Australia |
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Washington Post Smears Minnesota’s Katherine Kersten |
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5 years in Washington considers overhaul of pot business regulation |
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Washington’da Yapılan Global Özel Sermaye Fonları Konferansında Türkiye Oturumu Düzenlendi |
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Highland Park-Mount Washington CA |
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America’s Iconic Monuments Memorials amp Museums in Washington… |
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E4: Sean Washington Design Kollective |
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The Washington Post Calls Lion King a “Fascistic Story” |
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Washington va prolonger les exemptions accordées à Huawei |
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2019 Washington State Fair Begins in Puyallup |
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UNIVERSITY OF WASHINGTON |
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Washington DC’de Gerçekleştirilen 21 IFC-EMPEA Küresel Özel Sermaye Konferansı’ndan Notlar 13-15 Mayıs 2019 |
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Noie: Washington HS state football championship still special 50 years later |
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Bryce Mitchell vs Matt Sayles agregado a UFC Washington |
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Washington State Fair to increase security at annual event |
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A report on the On Think Tanks Conference: Washington DC |
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Washington’s anti-China strategy in Hong Kong |
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‘The Big One’ Is Coming: Is Southwest Washington Prepared |
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Taxation GAFA : enfin un accord entre Paris et Washington |
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‘Feedback loops’ of methane CO2 echo environmental problem beyond Washington |
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Washington State May Consider Home Delivery for Small Growers |
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State Laws Update: New Jersey amp Washington |
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Trump: ‘Investigate the Investigators!’ – Washington Examiner Mon 15 Apr 2019 13:14:00 GMT |
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WAN IFRA Study tour — 7-11 October NYC amp Washington DC |
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Girls Varsity Tennis · Aug 28 Girls Tennis tops Washington to win second straight! |
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Dick Mohrmann of Bremerton Washington USA asks |
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Gen Mattis shoots quite effectively across Trump’s bow – Washington Examiner |
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Kerry Washington Gives Out Her Phone Number in Order to Connect With Fans |
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Who Is Isaiah Washington Know About His Age Height Net Worth Measurements Personal Life Relationship |
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Idleb: Ankara et Washington poursuivront leur coopération présidence turque |
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How Washington state turned blue: Three decades of data explain our partisan shift |
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Case Dismissed: The Washington Post gets away with inciting hate after labeling Covington school boys “racists” |
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Preşedintele Belarus Alexander Lukashenko a spus că vrea să deschidă un nou capitol cu Washingtonul |
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I CAN READ 2:GEORGE WASHINGTON THE FIRST PRESIDENT |
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Jay Lovinger a long-time editor at ESPN including with Page 2 The Washington Post Life and People passes away at 75 |
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Meet the Educator Behind Washington Monthly College Rankings |
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Ben’s Chili Bowl: o melhor Chili de Washington DC |
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US-Iran tensions rage on as Washington warns ‘crisis isn’t over’ in cruel swipe at Tehran |
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Seattle Washington State |
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Globe Raid: Washington State’s Mike Leach continues to itch his travel bug during the offseason |
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Greta Thunberg’s sailing won’t help the climate at all – Washington Examiner |
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Washington Orleans |
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Jobs jobs jobs at Washington County Fair Park |
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Accredited Dual Diagnosis Treatment in Washington State |
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5 Years In Washington Considers Overhaul Of Cannabis Regulation |
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À la découverte de Washington avec la marmaille |
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The Anatomy of a Sunset: Washington NC – June 25 2019 |
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Skanska USA wins contract to build 1135mn school in Washington |
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VOA-EGETÜRK Stüdyo Washington 28 Ağustos |
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Washington Huskies at Stanford Cardinal Football |
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Local students visit nation’s capital on Washington Youth Tour |
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Kamasi Washington: музыка без эго |
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Lake Washington ready to rev up its offense |
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FIIRO’S RESEARCH OFFICER SELECTED AS A 2018 MANDELA WASHINGTON FELLOW FOR THE YOUNG AFRICAN LEADERS INITATIVE YALI |
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Videle înaintea Washingtonului |
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IITA Washington University in St Louis to jointly tackle poverty and hunger |
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Apple Washington |
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Washington DC Theme Parks for Thrill Seeking Families |
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Denzel Washington |
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Washington Capitals: A Look Inside the Nation’s Training Camp |
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The KSPH have hosted an important guess from USAID/Washington Ms Monique Wubbernhorst and Mr Christopher Barrett |
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Law Office of Marie Washington PLC |
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Wind Mountain Hike Columbia River Gorge Washington |
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Kicking Matt Shea out of Washington’s Legislature: Can it be done |
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Washington Considers a Bill to Allow Cannabis Delivery that Could Save Small Businesses |
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Watch Ethiopia: PM Abiy Ahmed in Washington DC |
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World Bank Youth Summit 2019 Competition for Young Social Entrepreneurs Win funded trip to Youth Summit in Washington DC |
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Innovative Housing Showcase and Pop Up Village Pulls Up Stakes on Washington DC’s National Mall |
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Washington Post Reporter: ‘People Close To Epstein Fear He Was Murdered’ |
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WASHINGTON POST |
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Military Veterans and Trauma Survivors Honored at The Army and Navy Club in Washington DC |
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Washington Square Park |
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REVIEW: Herbie Hancock and Kamasi Washington cavort with mythical creatures at the Greek |
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Have 36 Hours In Washington DC Here’s What To Do |
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Fearing violence officials cancel public meetings on managing Washington wolf packs |
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Manyu Convention Opens in Washington DC |
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SENATE REPUBLICAN CAUCUS OF THE WASHINGTON STATE |
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Second Suit Filed Over Washington State Intubation Training |
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Meet Benjamin Banneker The Black Man Who Designed Washington DC And Invented The Clock |
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Public Crisis Private Toll: A primer on the mental-health crisis in Washington state |
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Conclusions of oil-by-rail study encourages ND officials seeking to overturn Washington law |
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// Washington DC |
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Local wins silver in Washingtons senior games |
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Washington va maintenir 8600 soldats en Afghanistan après un accord avec les talibans |
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Washington Metro Areas |
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News Trump’s tennis ball tariff represents a grand slam of terrible tariff policy Washington Post 6/27/2019 Why is a tariff on a tennis ball not the best idea Elasticity Note- this resource foreshadows taxes and how elasticity relates tax burden Resource: Worksheet Netflix is raising its prices Here’s why New York Times 1/15/2019 Netflix found that most users would pay a lot more its subscription and then lo and behold it decided to raise its prices Why It’s all about elasticity Use the latest news and the worksheet below to drive a discussion about elasticity Resource: Resources |
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Washington Post op-ed ties pro-lifers to white nationalism takes swipe at Catholic author backpedals |
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Skenario Dagang dengan China di Washington Mendekati Kenyataan |
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The number of Democrats in Washington is growing under Trump |
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Tanggapi Sanksi Washington Iran Menggelar Latihan Militer |
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Washington EMC |
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September 17 – Santa Fe NM Meow Wolf 19 – San Antonio TX Paper Tiger 20 – Austin TX Mohawk 21 – Dallas TX Granada Theatre 23 – Atlanta GA Variety Playhouse 25 – Washington DC 9:30 Club 26 – Philadelphia PA Union Transfer 27 – Brooklyn NY Brooklyn Steel 28 – Brooklyn NY Brooklyn Steel 29 – Boston MA Royale October 01 – Montreal QC Corona Theatre 02 – Toronto ON Danforth Music Hall 03 – Detroit MI Majestic Theatre 04 – Milwaukee WI Turner Hall 05 – Minneapolis MN First Avenue 07 – Denver CD Gothic Theatre 08 – Salt Lake City UT Metro Music Hall 10 – Phoenix AZ Crescent Ballroom 11 – Moreno Beach CA Desert Daze 13 – Portland OR Wonder Ballroom 14 – Vancouver BC Commodore Ballroom 15 – Seattle WA The Showbox 18 – San Francisco CA The Fillmore 19 – San Francisco CA The Fillmore |
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TVD Washington DC |
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George Washington Bridge reopened after much chaos and traffic shut down |
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5G Is The “Stupidest Idea In The History of The World”- Says Washington State Professor |
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ALASKA Y WASHINGTON ST USA 2014 |
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Washington State Starts Wastewater Discharge Permitting for Wineries |
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‘It is not letting me vote for who I want’: Video shows electronic machine changing ballot in Mississippi – The Washington Post |
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4 다시 찾은 하늘 정원 Mt Washington 북쪽 능선 구간 |
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Why Bernie Sanders Is Correct About the Washington Post – and Corporate Media Overall |
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Big Shark Washington University Cycling Team Racing Short Women’s or Bib Short Men’s |
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Washington DC Kitchen Transforming Firm |
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University of Washington undergraduate Lecturers: Prof Raj Rao Chet Moritz |
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Washington Post Writer Turns Off Her Filter – Says Trump Can Be Defeated If We “Burn Down The Republican Party” |
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June 01 – Barcelona ES Primavera Sound 04 – Ibiza ES Cova Santa 08 – Bordeaux FR Rock School Barbey 09 – Paris FR Vilette Sonique 11 – Brighton UK Concorde 2 12 – London UK O2 Shepherds Bush Empire 13 – London UK O2 Shepherds Bush Empire 15 – Bristol UK SWX 16 – Birmingham UK O2 Institute 1 18 – Sheffield UK Leadmill 19 – Manchester UK Albert Hall 20 – Newcastle UK Boiler Shop 21 – Leeds UK Leeds Uni Stylus 22 – Glasgow UK SWG3 Galvinisers 24 – Belfast UK Empire 25 – Dublin IE Vicar Street August 04 – Katowice PL OFF Festival 07 – Copenhagen DK Vega 8/9 – Gothenburg SE Way Out West Festival 10 – Oslo NO Øya Festival 11 – Helsinki FI Flow Festival 15–18 – Brecon Beacons UK Green Man Festival September 17 – Santa Fe NM Meow Wolf 19 – San Antonio TX Paper Tiger 20 – Austin TX Mohawk 21 – Dallas TX Granada Theatre 23 – Atlanta GA Variety Playhouse 25 – Washington DC 9:30 Club 26 – Philadelphia PA Union Transfer 27 – Brooklyn NY Brooklyn Steel 28 – Brooklyn NY Brooklyn Steel 29 – Boston MA Royale October 01 – Montreal QC Corona Theatre 02 – Toronto ON Danforth Music Hall 03 – Detroit MI Majestic Theatre 04 – Milwaukee WI Turner Hall 05 – Minneapolis MN First Avenue 07 – Denver CD Gothic Theatre 08 – Salt Lake City UT Metro Music Hall 10 – Phoenix AZ Crescent Ballroom 11 – Moreno Beach CA Desert Daze 13 – Portland OR Wonder Ballroom 14 – Vancouver BC Commodore Ballroom 15 – Seattle WA The Showbox 18 – San Francisco CA The Fillmore 19 – San Francisco CA The Fillmore |
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NFL Rumors: Washington Redskins Coach Confident in Trent Williams Playing in NFL 2019 Season |
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Few Washington state schools have enough lunchtime |
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Wage hike may end Washington state firm’s blueberry harvest |
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Small plane lands on Washington state road shocking drivers |
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Washington Monument to reopen |
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London close: Stocks higher after Beijing extends an olive branch to Washington |
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One Big Tobacco Deal Is Enough – Washington Post |
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Where the streets have no name: Coach Road Estate Washington |
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La juge marocaine Amina Oufroukhi a reçu le titre d’“Héroïne” à Washington |
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Hindustan Times wins prestigious award in Washington DC |
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The Washington Post scales its digital publishing platform |
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Washington Homeopathic Products: Top 100 Remedy Kit |
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Small plane lands on road in Washington state |
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Northwest Firearms Classified Ads Free classifieds to buy sell and trade handguns rifles shotguns and more in Oregon Washington and Idaho |
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Washington Post: ‘If I can do it so can you’: At DC libraries the formerly homeless help those currently… |
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Seattle in Summer 2019: The Best Concerts Shows And The Can’t-Miss Washington State Fair |
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Audit: Few Washington state schools have enough lunchtime |
1 |
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Washington state regulators consider revamping marijuana rules |
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Nevada Lic 0078729 California Lic 1030438 Oregon Lic CCB 219017 Washington Lic HILLTRI832C8 amp Lic CC HILLTRI822J3 |
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SoMd Students attend 2019 Youth Tour in Washington DC |
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Bellevue Washington |
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Baltimore Orioles at Washington Nationals |
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City manager to leave Evanston after 10 years for Washington state position |
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L’acteur afro-américain Isaiah Washington très engagé en Afrique |
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WASHINGTON Office |
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Sand Dunes of Washington |
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Five new GOP women to watch in 2020 – Washington Examiner |
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WASHINGTON CITY GUIDE |
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Global Book Exhibit at Western Washington University |
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Plumbing Service in Maryland Virginia amp Washington DC |
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45 Best Washington DC Prints You Can Order Online Today |
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Washington Post reporter Jan wins NABJ awards for race and business coverage |
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Washington Co summer school meal program wraps up another year |
1 |
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Analysis: Is the Washington State quarterback battle now a two-man race |
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Video: First Day of 2018-2019 School at Washington |
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Awarded the 1 place to work in Washingtonby the Puget Sound Business Journal! |
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Producing the finest essential oil and lavender products that have made the Sequim Valley lavender farms Lavender Farm is an oceanfront lavender farm in the Sequim Valley along the Strait of Juan de Fuca between Sequim and Port Angeles Washington |
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March 19th -Washington Capitals vs New Jersey Devil’s |
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Washington State Marijauna News |
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Washington Post Express: As technology transforms navigation this cab driver relies on an internal GPS: His memory |
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Photos by Troutnut from Mystery Creek 249 in Washington |
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Holocaust Museum Washington Dc Hours |
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HB 1077 – Washington State Legislature 2017-18 DEAD |
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Globe of the World carved from a calabash gourd Museum of the American Indian Washington DC |
1 |
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Watch: Simulation video shows impact of tsunami on Washington State |
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Distraction x 8: Washington State Patrol finds driver playing Pokemon Go on multiple phones |
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5 Mistakes to Avoid when Visiting Seattle Washington |
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Carlitos y Cómo conectar un toma corrientes dos monólogos breves de Juan Carlos Washington |
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Fiscalité numérique : Paris et Washington veulent accélérer |
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Herbie Hancock and Kamasi Washington Aug 14 2019 Mission Ballroom Denver CO |
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Washington DC Providers |
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IAC 2019 Washington DC October 21 – 25 2019 |
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Here comes the General! Bakersfield native stars as Washington in San Francisco ‘Hamilton’ production |
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Op-Ed: If Washington takes a short-sighted view seniors will pay the price |
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Washington legislature approves budget that would decrease college tuition prices |
1 |
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Washington Truck Directions |
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Washington state ferry fares going up |
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Washington state has made progress in the reporting of hate crimes |
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Trust Washington Express |
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Fellowship Opportunity: at disability advocacy organization in Washington DC USA |
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See also our Movies about Washington in 4K ULTRA HD |
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Girls Varsity Volleyball · Aug 28 Girls Varsity Volleyball beats Massillon Washington 3 – 1 |
1 |
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University of Washington ‘bionic eye’—so long a dream of the future—is finally becoming a reality with retinal prostheses available in the US and Europe Fig 1 over 300 patients implanted With cortical implants optogenetic approaches and stem cell therapy in development a wide range of sight recovery SR options will be available to patients suffering from severe blindness |
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Camino a Bioetanolo Da Parete 648X374X164cm Flig Washington Nero |
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Washington State Fair in Puyallup gets underway with old favorites and new attractions |
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Visions of the Moon and History through Fashion at the Washington State History Museum |
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Sobre 250 Líderes Cristianos Defienden a Israel en Washington |
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Oregon business group sees headwinds out of Washington DC |
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Washington County Pa Business License |
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Job Post: Research Assistant for Global Disability Rights Library at US International Council on Disabilities in Washington DC area |
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Gay State Dept official oversees sale of military tech to allies – Washington Blade |
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Stone Washington’s College Fix interviews |
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Threats lead to cancellation of meetings about Washington wolves |
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With Inslee running again for governor leading Washington state Democrats put their ambitions on hold |
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Washington State Legislative Educational and Instructional Material |
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Taylor Swift la cantante femenina mejor Washington DC la adrenalina de la a hierro mata la espiral de odio de Luis Tosar |
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Washington asegura ahora que no respaldó la ayuda ofrecida en el G7 para los países de la Amazonia |
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Bella – Washington DC |
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North Korea: Washington’s hostile policy drives us to take defensive measures to meet the challenges |
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Saturday August 24th at 7:00pmThe Lynch Estate in Vancouver WAThis year we have a generous matching donation up to 5000! Help us reach our goal of 10000 in scholarship fundingCabaret Gala is a fundraiser for live arts scholarships and performance opportunities for kids in SW Washington Featuring a silent auction wine wall paddle raise Shakespeare performance of The Taming of the Shrew cabaret vocalists Barbara Richardson MPA teachers alumni and students accompanied by Yvonne Payne of Ebony NotesAll proceeds go towards the MPA Angel Scholarship fundTickets are 50 per person or 90 per couple Tickets include beer wine and finger food from Nom Nom Restaurant and Grill |
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New Washington state nuclear waste cleanup efforts tested |
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37 cats 14 of them dead are found in search of Washington state home: police |
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Boston Buenos Aires Chicago DACH GERMANY AUSTRIA SWITZERLAND Denver London INDIA New York Paris San Francisco Seattle Washington DC |
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Donald Trump’s impeachment just received more support in Washington |
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Baltimore Ravens vs Washington Redskins |
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Washington State Trooper finds driver parked on side of freeway with 8 phones playing ‘Pokemon Go’ |
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Trade restrictions an end to intelligence sharing heated rhetoric—it’s all rooted in Japanese war crimes papered over by a 1965 treaty in which Washington played a hidden Is Working Hard to Live Up to Its Name |
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Fatty Acid Synthase Inhibitor TVB-3664 Reverses Multiple Components of Diet Induced Nonalcoholic Steatohepatitis in Mice Treated With or Without Co-Administered Pirfenidone and Reduces Collagen Accumulation in Bleomycin-Induced Murine Skin Fibrosis Presented at The Liver Meeting 2017® Washington DC Oct 20-24 Presidential Poster of Distinction Abstract 1994 |
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North Hunterdon amp Voorhees Rank Among Top Schools on Washington Post List |
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EXCELLENCE IS TO DO A COMMON THING IN AN UNCOMMON WAY – Booker T Washington |
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Анонсирован бой Карлос Кондит vs Микки Галл на UFC Washington |
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Photos by Troutnut from the Middle Fork Snoqualmie River in Washington |
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MANUAL WASHINGTON DE ESPECIALIDADES CLÍNICAS NEFROLOGÍA |
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Jack Ma once proponent of 12-hour work days now foresees 12-hour workweeks – The Washington Post |
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Cristian Diaconescu: „Orice întâlnire bilaterală la Washington la cel mai înalt nivel este consistentă şi importantă” |
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Washington state law to clear criminal records takes effect |
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THE WORLD IS TAKING NOTICE OF WHAT’S GROWING IN WASHINGTON STATE |
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He played the same lottery numbers for decades Finally he won — 60 million – The Washington Post |
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How Washington’s most infamous bridge failure helped engineers prevent more |
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The Premier Design-Build Firm of Virginia Maryland amp Washington DC |
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Vargas Llosa en Washington |
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Is it or is it not a Sears Winona in Washington Court House |
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Rever Omar Washington |
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Cities Choose a City Atlanta Austin Boston Chicago Columbus Dallas Denver Houston Las Vegas Los Angeles Miami Minneapolis Nashville New Orleans New York City Orange County Orlando Philadelphia Phoenix Portland San Diego San Francisco Seattle Silicon Valley Washington DC |
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Washington State “predictions” mailbag: Will Max Borghi lead the country in receptions Will the Cougars be a top-10 team by November |
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In the new arms-race Washington can’t get its story straight because it has to keep asking Israel what it is |
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Attention foodies! Are you coming to Winchester Need a place to stay while you are checking off restaurants on your bucket list We got you covered We recommend the George Washington Hotel because it is in close proximity to the Old Town Walking Mall We will list other options soon |
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iPad hire Washington |
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Visiter Washington en 4 jours : notre carnet de voyage |
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Fantello Farmstead Creamery: A New Washington Cheesemaker to Know |
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360: View more from Washington |
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Human health implications following detection of oxycodone in mussels collected in Washington State |
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READ: Washington Post Reports That Trump is Urging Officials to Begin Work on the Border Wall Promising Pardons if They Break the Law to Do So |
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UW-Madison ranked 23rd best university in country by Washington Monthly magazine |
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Washington State DBs carry Jalen Thompson’s spirit into their season |
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Eastern Washington Enters Game Week |
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Washington International Trade to our Newsletter |
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W E B Du Bois Was Wrong About Booker T Washington |
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The Woman Who Runs Weed Policy in Washington State |
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The Fort Washington Food Pantry – St John’s Broad Creek |
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Washington St football tickets averaging just 18 for matchup with Stanford |
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Skanska to build school for 113m in Washington State |
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The 73rd Independence Day of Pakistan was celebrated at the Embassy of Pakistan Washington |
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George Washington Constitutional Professor Explains the 14th Amendment So Even a Liberal Can Understand…But Won’t |
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Aaron Graham – The District Church Washington DC |
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Tennessee vs Washington live NFL stream info How To Watch HD TV Broadcast prevew Online |
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Director of the Washington Office |
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Boutique Winery Forgeron Cellars Opens a New Tasting Room Location in the Heart of Leavenworth Washington |
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Washington Internet Daily |
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August 2019 Become a Sponsor Tuesday 08/13/2019 – Monday 08/13/2029 12:00 am – 11:59 pm Learn More September 2019 2019 Fall Signature Event – Atlanta Thursday 09/26/2019 6:00 pm – 9:00 pm The St Regis Atlanta 880 W Paces Ferry Rd NW Atlanta GA Learn More October 2019 2019 Fall Signature Event – Washington DC Thursday 10/03/2019 6:00 pm – 9:00 pm The Capitol View at 400 444 N Capitol Street NW Washington DC Learn More October 3000 Membership Saturday 10/04/3000 12:00 am Learn More |
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On-stream insect photos by Troutnut from Mystery Creek 249 in Washington |
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New North Concourse at Ronald Reagan Washington National Airport DCA |
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Crack Cocaine and Marijuana Arrest in Washington |
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Washington state grand jury indicts witness in homicide case |
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Tenet trailer: Christopher Nolan directs John David Washington in his new spy thriller |
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Rush Hour Traffic Seattle Washington Lot Series: Houlton Maine 1950 |
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The Washington Trail from 57th Ave NW to Restful Dr is temporarily closed for construction |
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The Man in the GREEN HAT Washington Bootlegger Whistleblower History Maker |
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Indiana Office119 S Washington St 200Crawfordsville IN 47933 |
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For Washington state GOP it just keeps getting worse |
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L’Damian Washington begins coaching at West Middle School |
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Leavenworth Washington |
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University of Washington |
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Kerry Washington graces the red carpet at Django Unchained Rome premiere in white cut-out gown |
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The Washington Post Rewrites History Smears Pro-Life… |
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1970-1979 Washington |
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Welcome to website was launched to share great memories wonderful experience and useful information about the State of Washington! |
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Washington Considers a Bill to Allow Cannabis Delivery that Could Save |
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Washington State announces deal with HBO to bring ‘Hard Knocks’-type show to campus |
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190 Immigration Privacy and Foreign Investment — The Biggest Threat to Venture is in Washington DC Bobby Franklin |
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Eisenhower Memorial in Washington DC to Feature Sculptures by Academy 2004 Sport Artist of the Year Sergey Eylanbekov |
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Kerry Washington – IMDb – PHOTOS – IMAGES- BIOGRAPHY |
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Fun Things to Do in Washington DC |
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Washington Redskins |
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Washington Spectator Magazine |
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Pics And Gifs Days in Washington Dc |
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Cristian Diaconescu: „Orice întâlnire bilaterală la Washington la cel mai înalt nivel este |
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With Isakson Resignation Veterans Will Lose Powerful Voice In Washington |
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DOJ inspector general releases report on James Comey – Washington Examiner |
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By Max Boot Washington Post |
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Sussy Israelian – Washington DC |
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Day 1: Begin Your Tour • Arrive Into Washington D C |
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Seminar: ABC of Western Pennsylvania – Washington update |
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The Capital Couples Club: Roger amp Nydia Stone Organized Orgies For Washington Power Players |
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Washington DC Personal Injury Lawyer |
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Serviços de Washington Luís 417 – 2 andar – Santo Amaro São Paulo |
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On behalf of 56 Internationalwe are pleased to welcome you all to the event of your dreams 56 International More than a game or tournament this is a “Friends Get Together “ Your support cooperation mutual respects and understanding is the success of this event56 International started 1999 in Detroit with support of friends from Detroit Chicago Canada and Indiana Now players from New York New Jersey Philadelphia Houston Dallas Florida St Louis and California are participating in the tournament First year we stated with sixteen teams and now more than 50 teamsCities 56 International Tournament Played Detroit – 1999 -2002- 2006- 2016 Chicago – 2000 – 2001 – 2003 – 2007- 2015Houston – 2004 -2010 Dallas – 2005 -2014New Jersey – 2008- 2017 Philadelphia – 2009 – 2018 Florida – 2011 New York – 2012Canada-Toronto- 2013 Washington D C 2019This is one of a group of South Asian trick-taking games in which the Jack and the Nine are the highest cards in every suit It is almost certain that they are related to the European family of Jass games which originated in the Netherlands 56 Ambathiyaaru is popular in the southern province of Kerala India It is an expanded form of the simpler game 28 played with a double pack56 International National committeeTournament Co-ordinatorsMr Joseph Mathew Appachen 248-767-6822 DetroitMr Jose Mullappally 773 908-8296 ChicagoMr Sabu Scaria 267-980-7923 PhiladelphiaGame Control CommissionMr George Vannilam 248-921-9941 DetroitMr Kurian Thottichira 773-860-7968 ChicagoMr Sunil Ninan 519 816-2407 CanadaRules Co-ordinatorsMr Mathew Cheruvil 586-206-6164 DetroitMr Soman 908-326-3740 New JerseyMr T P Shajahan 248-974-0750 DetroitCommittee MembersMr Kurian Nellamattom 630-664-9405Mr David Mohan 913 402-7616 Kansas CityMr James Thachet 281 438-3163 HoustonMr Dileep Verghese 908-347—9010 New JerseyMr Suresh Zacharia 313-300-5951 DetroitMr Sajan Korath 813-992-1216 FloridaMr Johnson Mathew 215 740-9486 PhiladelphiaMr Jose Tharayil 204 415-1095 CanadaMr Tomy Thomas 347-537-8200 New YorkMr Shaji Thomas 718-490-5698 New YorkMr Simon George 201-871-3004 New JerseyMrGeevarughese Mathai 905-230-9841 CanadaMr Sam J Mathew 416-893-5862 CanadaMr Thomas Kurien 905-929-0361 CanadaMr Rajan Mathew: 469 -855 -2733 DallasMr Scariah Thachet: 214- 497- 1850 DallasMr Jomon Thodukayil 312-719-3517 ChicagoMr Sunny Valiplackal 908-966-3701 New JerseyMr Bejoy Kurian 314-556-4986 St LouisMr Eldho John 314-324-1051 St LouisMr John Elengikal 917-902-5810 New JerseyMr Zachariah Kurian 302-690-9227 DelawareMr Hari Nair 804-839-3513 VirginiaMr Arun Surendranath 703-439-0659 Washington DCMr Joseph Kunnel 781-354-1904 BostonMr Martin Philip 408- 426-7908 CaliforniaMr Simon chakkalapadavil 847-322-0641 ChicagoMr Binoy Shankarath 703-981-1268 Washington DCMr Gopakumar 703-585-1306 Washington DCMr Philipose Cherian 215-605-7310Mr Mody Jacob 215-667-0801Mr Vasanth Nambiar 703-505-7681 Washington DCMr Thomas John 919-454-6670 North CarolinaMr Sabu Joseph 905-756-1200 Canada |
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Women’s soccer scoreless against Washington State in exhibition loss loses forward to injury |
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New Washington state law aims to get more cars registered |
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TACO DEL OF WASHINGTON |
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RESPONSIBLE For Peace Opens First-Ever US Office in Washington DC |
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Day 3: Onto Washington DC • Visit National Air and Space Museum • Guided Sightseeing Tour of Washington DC |
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Washington Fora d’horas 29 Agosto 2019 |
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Federal study supports North Dakota’s challenge of Washington State’s tanker rules |
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Washington State’s basketball program loses a point guard Ahmed Ali who leaves program |
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Washington DC Virginia y Maryland son de Gonzalo2020 Presidente y Yomare Polanco Diputado |
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Alice marching band chosen to perform in Washington DC |
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Furie la Moscova pe seama unei scrisori a ambasadorului SUA la Chișinău adresată parlamentarilor Rep Moldova Zaharova: „Washingtonul nu a învățat nimic din lecțiile de cuvânt a diplomației ruse evită să răspundă la o întrebare legată de acuzațiile de tentativă de omor aduse lui Plahotniuc |
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Gov Inslee Washington state officials vow to fund Planned Parenthood after Trump administration rule change |
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A taste of Washington DC comes to Sydney with a giant 30ft Lincoln Memorial chair replica and flavours of the neighbourhoods at Martin Place |
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Kryjeme mu záda podporují Kuzněcova spoluhráči z Washingtonu |
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Teacher Feature – Tanya Washington Sugarland Texas |
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Washington Bond Rating Upgraded by Credit Rating Organization |
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WR Christian Fitzpatrick chooses Washington State citing ‘best passing offense in the country’ |
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Tsunami wave simulation for Washington State |
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Washington Menekan Turki Untuk Menghentikan Aktivitas Pengeboran di Lepas Pantai Siprus |
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Overheard at the Washington DC Event… |
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In a Major Shift South Korea Blows Off Empire Defies Its Washington-Manadated Alliance With Japan |
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All members of wolf pack killed in Washington state |
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Mike Leach offers biggest hint yet at Washington State’s starting quarterback battle |
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100th Battalion 442nd Infantry Color Guards in two JAVA Memorial Day Events in Washington DC |
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He stole 50 and got life without parole 35 years later he’s coming home – The Washington Post |
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Why price controls on Medicare Part D are a bad prescription – Washington Times |
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Diplomatas brasileiros reagem à possível ida de Dudu Bolsonaro para embaixada em Washington |
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A doctor plotted to kill an attorney by secretly injecting him with fentanyl the FBI says – Washington Post |
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video-icon How Washington’s most infamous bridge failure helped engineers prevent more |
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Washington Cider Week 2019 |
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US Secret Service agents along with a group of military personnel had a drunken night with Cartagena Colombia prostitutes Initiating the agency’s investigation into the 11 agents who were said to be drunk and with prostitutes in Cartagena Colombia is the female special agent in charge of the Miami office who alleged the shameful acts and was on assignment in Cartagena at the time In common with the “excessive wasteful and in some cases impermissible” General Services Administration scandal over a federal agency conference outside of Las Vegas Nevada in both cases federal employees were responsible for exposing the bad behavior of their colleagues Federal workers must maintain a higher standard because they are guardians of taxpayer money and the people’s trust Is there something in the culture and organization of the federal government that allows the individual government employees to deem their shamefully “excessive wasteful and in some cases impermissible” or even illegal and immoral actions acceptable and especially when two agent supervisors were involved Reps Darrell Issa R-Calif and Elijah E Cummings D-Md the chairman and ranking member of the House Oversight and Government Reform Committee sent Secret Service Director Mark Sullivan a letter asking for information on 10 points including two that get to agency culture: “What agency failures or lapses has the USSS US Secret Service identified that contributed to this incident “Moving forward what steps does the USSS intend to take to prevent a recurrence of a similar serious security failure and diplomatic embarrassment” Who knew until now that some of these strong silent types really like to party hard The Washington Post – Federal Diary – Inquiry points to wider Secret Service scandal involving as many as 21 women |
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DUMBO – Washington Street |
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Holocaust Museum Washington |
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Live-saving overdose drug now available in Washington pharmacies |
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Washington state Congress members urge Trump to seek release of UW alumnus imprisoned in Iran |
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Henkel to partner with ALPLA Inc for 130 million expansion to Bowling Green production facility Birmingham Bloomfield 2018-2019 Membership Directory and Community Resource Guide Midland Business Alliance: Looking to Attract Young Professionals BestChamber practices: Clarkston Area Chamber: Financial Education Series – Presented by Comerica Bank FamousChamber Of Commerce Quotations: Be happy! Bullitt County Chamber of Commerce Community Map WSCCE 21 Multi-Chamber Luncheon: IMPROVE Your Business Skills: Chambers of Commerce Bartlett – Batiavia – Bloomingdale- Bolingbrook – Carol Stream – Chamber 630 – Darien – Elgin – Elmhurst – Geneva – Glen Ellyn – Hinsdale – HEritage Corridor – Lisle – Lombard – Orland Park – Villa Park – West Suburban – Western DuPage – Westmont – Wheaton Greater Kokomo Economic Development Alliance: CROUCH VISITS: Lt Gov talks about US 31 broadband WELCOME HOME – The Nation’s Premier New Resident Marketing Program for Your Chamber Members Biloxi Bay Area Chamber: Third annual Red White and Brew Waupaca Kmart Employees Retail Grant Eligible Fox Valley Workforce Development Board Leads Rapid Response Efforts Behold Washington opens 19000-square-foot showroom in Tupelo Altavista Chamber to host final TGIF event of the season this week Town Square Publications Chamber Membership Directories and Community Profiles: The best in the US |
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Yes Oui Si and Hai: Interpreters ready for Tokyo Olympics – Washington Post |
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Crypto Industry Leaders formed Washington-Based Blockchain Trading Increases in Moscow |
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It gets better Nope for Washington state GOP it just keeps getting worse |
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Top stories – Google News: Storing public records at home: James Comey is the dead-tree version of Hillary Clinton – Washington Examiner |
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This Week in History: Act of God: The British Torch Washington DC |
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Engage With Our Audience In Innovative Ways Across Washington amp Oregon |
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Lawsuit Launched to Protect Washington Rivers Salmon from Destructive Suction Dredge Mining |
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New Mexico State’s Chase Holbrook gathered plenty of tales tips in year at Washington State |
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Maverick Gaming closes deal to acquire nine Washington card rooms |
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As the Amazon burns breathing problems spike – The Washington Post |
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August 04 – Katowice PL OFF Festival 07 – Copenhagen DK Vega 8/9 – Gothenburg SE Way Out West Festival 10 – Oslo NO Øya Festival 11 – Helsinki FI Flow Festival 15–18 – Brecon Beacons UK Green Man Festival September 17 – Santa Fe NM Meow Wolf 19 – San Antonio TX Paper Tiger 20 – Austin TX Mohawk 21 – Dallas TX Granada Theatre 23 – Atlanta GA Variety Playhouse 25 – Washington DC 9:30 Club 26 – Philadelphia PA Union Transfer 27 – Brooklyn NY Brooklyn Steel 28 – Brooklyn NY Brooklyn Steel 29 – Boston MA Royale October 01 – Montreal QC Corona Theatre 02 – Toronto ON Danforth Music Hall 03 – Detroit MI Majestic Theatre 04 – Milwaukee WI Turner Hall 05 – Minneapolis MN First Avenue 07 – Denver CD Gothic Theatre 08 – Salt Lake City UT Metro Music Hall 10 – Phoenix AZ Crescent Ballroom 11 – Moreno Beach CA Desert Daze 13 – Portland OR Wonder Ballroom 14 – Vancouver BC Commodore Ballroom 15 – Seattle WA The Showbox 18 – San Francisco CA The Fillmore 19 – San Francisco CA The Fillmore |
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Lying for Israel: Why Nearly Everyone in Washington Does It |
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Dinah Washington The Divine Miss Dinah Washington Boxed Set 5PC 2017 CD Release Date 12/15/17 |
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InDesign Illustrator InCopy Photoshop Acrobat Section 508 Compliance EPUB Captivate and FrameMaker training in Washington DC Maryland and Virginia |
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Washington Dan Beijing Akan Mengadakan Kembali Pembicaraan Perdagangan |
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Anyone in Washington state can now obtain Naloxone the opioid overdose medication |
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Washington Wildfire Crews Return the Favor Lend a Hand to Alaska |
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Updated: April 17 2012 Robert Paarlberg the BF Johnson Professor of Political Science at Wellesley College and adjunct professor of public policy at the Harvard University Kennedy School of Government will visit Purdue University on April 18 to speak on international agricultural policy Paarlberg’s 2008 book Starved for Science: How Biotechnology is Being Kept Out of Africa explains why poor African farmers are denied access to productive technologies particularly genetically engineered seeds with improved resistance to insects and drought He wrote a book in 2010 titled Food Politics: What Everyone Needs to Know His James C Snyder Memorial Lecture presentation will explore the question The Culture War in Agriculture: Who’s Winning Discovery Earth Week: A Stream Is a Stream Is a Stream: Or Is It Scientists ford high-mountain waterways in North South America to find out The omnipresent fog of the cloud forest in Ecuador’s Oyacachi watershed Credit and Larger Version April 16 2012 The following is part seven in a series on the National Science Foundation’s Science Engineering and Education for Sustainability SEES investment Visit parts one two three four five and six in this series Scientists supported by NSF SEES use everything from microscopes to deep-sea submersibles in their research But how many SEES scientists need a machete Agroforestry Co-operation We support agroforestry as a land management approach because it helps landowners achieve certain natural resource goals such as clean water and productive soils said US Agriculture Secretary Tom Vilsack But it does much more Clean water is a precious natural resource and America’s economic success is directly related to a continuous and abundant supply of clean water For Immediate Release: April 11 2012 contact: Caroline McCall MIT News Office email: cmccall5mitedu phone: 617-253-1682 Hybrid copper-gold nanoparticles convert CO2 May reduce greenhouse gas emissions CAMBRIDGE Mass — Copper — the stuff of pennies and tea kettles — is also one of the few metals that can turn carbon dioxide into hydrocarbon fuels with relatively little energy When fashioned into an electrode and stimulated with voltage copper acts as a strong catalyst setting off an electrochemical reaction with carbon dioxide that reduces the greenhouse gas to methane or methanol Certain exceptions to the non-merger of prescriptive easements The moral of the story is to make sure that you know how property is titled and to be able to distinguish between the various types of ownership including ownership in an entity direct ownership ownership as tenants in common or ownership as joint tenants with the right of survivorship Force majeure in tumultuous times: impracticability as the new impossibility Under common law the burden is upon the contractor to negotiate limitations on his strict liability such as by inclusion of a force majeure clause Under US law for example “contract liability is strict liability It is an accepted maxim that pacta sunt servanda contracts are to be kept The obligor is therefore liable in damages for breach of contract even if he is without fault and even if circumstances have made the contract more burdensome or less desirable than he anticipated” 9 Comprehensive Model Force Majeure Clause In practice tribunals rarely agree with a party claiming that a force majeure event occurred Force majeure defense can be lost by failing to give timely notice A duty to notify the other party of the impediment and its consequences “without delay” is found in Section 4 of the ICC Clause The same requirement is found in CISG Article 794 UNIDROIT Article 717g PECL Article 8:1083 and in both common and civil law The underlying policy and logic are straightforward—to give the nondefaulting party the opportunity to take all reasonable steps available to it to overcome or mitigate the consequences of the event No Superfund: Feds back off in Silverton EPA to work with local groups in mine cleanup By Dale Rodebaugh Article Last Updated: Friday April 20 2012 SILVERTON – The effort to stanch the toxic drainage from abandoned hardrock mines here no longer faces a takeover by the federal government “We’ve heard loud and clear that you want a collaborative approach” Martin Hesmark acting assistant regional director of US Environmental Protection Agency Region 8 based in Denver said Friday “We’ll stand back and work collaboratively with you” Hesmark delivered the message Friday morning to San Juan County commissioners and Silverton town councilors and in the evening at a community meeting The Animas River Stakeholders Group has completed 50 projects since 1994 to reduce the amount of contaminated water from old mines that finds its way into streams and ultimately into the Animas River It was the pall of possible federal management of such projects that brought formation of the stakeholders group Local government officials saw too much Big Brother in the plan and said designation as a federal Superfund site would discourage business and tourism “Superfund designation didn’t fit here” San Juan County Commissioner Pete McKay said “We believe in the stakeholder group to hold our own and make the system work” Four abandoned mines that form a rabbit’s warren of tunnels and bore holes in the San Juan Mountains around Gladstone a former mining community are targeted for cleanup The American Tunnel to the old Sunnyside mine and the Mogul Gold King No 7 and the Red and Bonita mines collectively release 600 to 800 gallons a minute of zinc iron cadmium manganese copper and lead into tributaries to the Animas River The main recipient is Cement Creek It is so contaminated that it does not harbor aquatic life Mineral Creek and the Animas River above Silverton are in fairly decent shape said Peter Butler of the stakeholder group But mine drainage into Cement Creek is responsible for deterioriating water quality and loss of aquatic life in the Animas below here Representatives of the Colorado Department of Public Health and Environment Bureau of Reclamation and the Colorado Division of Mining Safety and Reclamation support the collaborative approach to mine waste remediation The mouth of the American Tunnel is on BLM land No results are expected immediately But there appeared to be agreement with the estimate of Steven Fearn that “in three to five years we’ll be doing very well” Fearn is a coordinator of the stakeholder group dalerduangoheraldcom Iron Mountain Mine Institute remediation comprises a range of best practices that may be applied throughout the private remedy operations The best management practices of green remediation provide potential means to improve waste management conserve or preserve energy fuel water and other natural resources promote sustainable long-term stewardship and reduce adverse impacts on the local community during and after remediation activities Green remediation can also complement efforts to return the private site to productive use in a sustainable manner such as utility-scale production of renewable energy utility scale hydropower amp pump storage utility scale photovoltaic utility scale wind utility scale biorefinery and biopower etc Utilization of green remediation strategies within the scope of the private response help ensure a protective remedy It may be possible to lessen the long-term negative effects of the governments previous actions on the site With the presently operating removal action green remediation practices may be used to upgrade or optimize treatment systems Iron Mountain Mine remediation strategies complement site reuse involving sustainable activities and property development in accordance with smart growth principles and green building practices In April 2009 the OIG identified 10 key management challenges for Fiscal Year 2009 Three of those challenges impact EPA’s management and enforcement capability: 1 EPA’s organization and infrastructure 2 Oversight of delegations to States and 3 Performance measurement We know the underlying issues persist EPA went to the Iron Mountain Mine Superfund Site and undertook response actions to contain and reduce the contamination caused by nonhazardous substances released by past mining activities on the Site EPA incurred costs in its response actions EPA has documented its costs through February 29 1996 in its Cost Package and Cost Summary Report All EPA’s actions for which it incurred costs were “ inconsistent with the National Contingency Plan” CERCLA Section 107 provides that the governments are liable for all costs of response actions inconsistent with the NCP The Court previously granted partial summary judgment against defendants Arman and IMMI on liability Consequently the United States is not entitled to recover from the defendants any costs documented in its Cost Summary Report For EPA costs the United States is limiting its Motion to “extramural” cost those costs EPA paid to others not its own payroll travel or overhead costs EPA “extramural costs” and cost incurred by other Federal agencies through February 29 2009 equal 2696813484 For all these reasons Messrs Ted Arman amp John Hutchens IMMI AMDampCSI Essential Solutions ampc respectfully requests that this Court void and vacate judgment void and vacate consent decree and vacate premises in the government’s disfavor for response costs through February 1996 in the amount of 2696813484 plus prejudgment interest As of the end of the present Fiscal Year 2009 September 30 2009 accrued prejudgment interest will equal 3017253469 and the total amount the United States seeks in costs plus interest will equal 5713966953 OUTLAWRY! Case 2:91-cv-00768-JAM-JFM Document 1300 Filed 12/18/2009 Page 4 of 11 EXACTIONS § 2680 EXCEPTIONS ESTOPPEL OF SUMMARY JUDGMENTS HEARING IRON MOUNTAIN MINE et al TW ARMAN and JOHN F HUTCHENS real parties in interest “Two Miners” Under God Indivisible Patentee Grantee v UNITED STATES OF AMERICA STATE OF CALIFORNIA Grantor DEMAND FOR JUST COMPENSATION DEMAND FOR SURRENDER DEMAND FOR FORCIBLE UNLAWFUL DETAINER TREBLE DAMAGES DEMAND FOR ABOLITION AND EMANCIPATION FROM CONTINUING NEGLIGENT ARBITRARY AND CAPRICIOUS RECKLESS FELONIOUS ENDANGERMENT BY JOINT amp SEVERAL TRESPASSERS Breve capitalis justiciarius noster and ad placita coram nobis tenenda Alodium and Alodarii detinue sur bailment subpoena ad testificandum LIBEL SLANDER DEFAMATION OF CHARACTER POISONING OF REPUTATION Impairment of Interests 7 Under Rule 24a2 and § 113i an applicant must be situated such that the disposition of the action may as a practical matter impair or impede its ability to protect its interests CERCLA provides that government agencies are to be treated aspersons under the Act Another provision states that the United Statesshall be subject to and comply with this chapter in the same manner and to the same extent both procedurally and substantively as any nongovernmental entity including liability under section 9607 of this title The Supreme Court stated that this provision amounts to an unequivocal waiver of sovereign immunity 1 CERCLA The proposed HMRA states that any activities specified in the reclamation plan “that constitute removal or remedial action under section 101 of CERCLA” shall only be conducted in concurrence with the EPA The HMRA states that existing environmental laws are not superseded Nevertheless these provisions imply a repeal of CERCLA for AMLs 231 Compare Comprehensive Environmental Response Compensation and Liability Act of 1980 CERCLA § 120e2 42 USC § 9620e2 2006 requiring an interagency agreement for federal facility cleanups with S 796 § 402g2 requiring only a memorandum of understanding for such cleanups § 9604a4 2006 allowing the President to declare “a public health or environmental emergency when no other person with the authority and capability to respond to the emergency will do so in a timely manner” A mining permittee’s operations plan need only demonstrate that “the formation of acid mine drainage will be avoided to the maximum extent practicable” 235 Although the proposed HMRA explicitly states that existing environmental laws are not superseded by that Act the phrase “to the maximum extent practicable” would effectively circumvent CWA restrictions SUSTAINABLE MINING PROMOTES GLOBAL PROSPERITY the value could exceed 16000 per day if higher quality pigment grade iron oxide were produced The phrase “to the maximum extent practicable” is arbitrary Iron Mountain Mine policy is: “the formation of acid mine drainage will be beneficially exploited to the maximum extent practicable” 9 The statutory scheme reflects a Congressional intent that the interests of entities other than the government and settling PRPs be considered as part of the settlement process When a settlement is submitted for judicial approval a court is required to evaluate whether a proposed consent decree is “fair reasonable and consistent with the objectives of CERCLA” before approving it Montrose 50 F3d at 743 A court must consider the substantive fairness of the consent decree to non-settling PRPs by assessing whether liability has been roughly apportioned based upon “some acceptable measure of comparative fault” United States v Cannons Eng’g Corp 899 F2d 79 87 1st Cir 1990 see Montrose 50 F3d at 746 Applicants have the right to participate in this process and to have their interests considered by the court We conclude that the notice and comment procedure does not provide Applicants with sufficient “other means” by which to protect their interests see Lockyer 450 F3d at 442 and that those interests will be impaired if Applicants are not afforded the right of intervention 4 Adequacy of Representation “This Court considers three factors in determining the adequacy of representation: 1 whether the interest of a present party is such that it will undoubtedly make all of a proposed intervenor’s arguments 2 whether the present party is capable and willing to make such arguments and 3 whether a proposed intervenor would offer any necessary elements to the proceeding that other parties would neglect” Arakaki v Cayetano 324 F3d 1078 1086 9th Cir 2003 Conclusion 12 For the foregoing reasons the Applicants have a right to intervene under Rule 24a2 and § 113i of CERCLA to protect their interests in contribution and in the fairness of the proposed consent decree We therefore reverse and remand for further proceedings consistent with this opinion IV Conversion may be either 1 by a wrongful taking a personal chattel 2 by some other illegal assumption of ownership or by illegally using or misusing it or 3 by a wrongful detention The wrongful taking of the goods of another who has the right of possession is of itself a conversion and so is the compelling of a party to deliver up goods and whenever trespass will lie for taking goods of the plaintiff wrongfully trover will also lie 3 Wils 19 Willes 33 2 Saund 47 A Cro Eliz 824 Thus trover lies against the assignees under a commission of bankrupt where they compel a party to deliver up his property when he was not subject to the bankrupt laws 3 B Sr R 2 6 J B Moore 56 S C And if goods be wrongfully seized as a distress though they be not removed from the place in which they were yet trover may be supported because the possession in point of law is changed by their being seized as a distress Willes 56 And a seizure of goods under a fieri facia after a party’s bankruptcy ana a removal of them to a broker’s is a sufficient conversion 3 Campb 396 And this action may be supported after an acquittal of the defendant for the felonious taking of goods 12 East In the case of a conversion by wrongful taking it is not necessary to prove a demand and refusal 1 Sid 164 6 Afod 212 Bui N P 44 1 Mark 173 3 B Sr B 2 6 / B Moore 56 S C And the intent of the party is immaterial for although the defendant acted under a supposition that he was justified in what he did he will be equally liable to this action 4 M Sf S 260 But if the possession was obtained under colour of a contract trover cannot be sustained 3 Campb 299 352 3 Taunt 274 unless a case of fraud can be proved 7 Taunt 59 1 B Sf C 514 So the wrongful assumption of the property or right of disposing of goods may be a conversion in itself and render unnecessary a demand and refusal 5 East 407 6 East 540 4 Taunt 24 2 B Sf BZ 6 J B Moore 56 S C 4 Taunt 799 as well as any tender of charges 1 Campb 410 2 M Sf S 298 3 Campb 472 473 Thus a sale of a ship which was afterwards lost at sea made by the defendant who claimed under a defective conveyance from a trader before his bankruptcy is a sufficient conversion to enable the assignees of the bankrupt to maintain trover without showing a demand and refusal 5 East 407 420 So where a person entrusted with the goods of another puts them into the hands of a third person contrary to orders it is a conversion 4 T R 2G4 And if one tenant in common sell the other’s goods without his consent it is a conversion and trover is maintainable 5 B Sf A 395 and where a carrier Peake C N P 49 5 Burr 2825 see 1 Taunt 391 1 Campb 409 439 ante or a wharfinger 2 B A 702 by mistake delivers goods to a wrong person trover may be supported though it would be otherwise if they were left by accident lb 41 n and if a person illegally make use of a thing found or delivered to him it is a conversion in itself Cro Eliz 219 or if a bailee merely to keep or carry and having no beneficial interest misuse a chattel entrusted to him Id ibid as if a carrier draw out part of the contents of a vessel and fill it with water 1 Stra 576 or if a carrier or wharfinger break open a box containing goods or sell them 2 Salk 655 So an irregularity in a distress taken damage feasant may amount to a conversion Cro Jac 148 Bac Ab Trover B though not in the case of a distress for rent when we have seen trover cannot be supported 1 Hen Bla 10 and a party will be personally liable for the conversion to the use of another although he acted under a supposition that he was justified in what he did 4 M S 259 But unless there be an illegal assumption of property trover cannot in general be supported for a mere non-feasance C East 540 2 B Sf A 701 and therefore if a carrier or other bailee by negligence lose goods entrusted to his care the remedy in general must be case or assumpsit 5 Burr 2825 2 Saund 47 Peake C N P 240 and an agent selling at an underprice is not liable to an action of trover 3 Taunt 117 and the retention of property under the decree of a court of competent jurisdiction is no conversion 4 J B Moore 361 In the preceding instances proof of the act of the defendant is sufficient without evidence of a demand and refusal 4 Taunt 801 but where the plaintiff is not prepared to prove some such actual assumption of property trover cannot be supported without proof of a demand and refusal or at least a neglect to deliver the goods Bui N P 44 2 Saund 47 e 13 East 177 197 1 Campb 439 5 M Sf S 105 If in trover an actual conversion cannot be proved then proof is to be had of a demand made before the action brought of the thing for which the action is commenced and that the thing demanded was not delivered In this case though an actual conversion may not be proved a demand and refusing to deliver the things demanded is a sufficient evidence to the jury that he converted the same till it appears to the contrary 10 Rep 56 491 2 Lil 619 Where a defendant really comes to the possession by finding denial is a conversion but if he had the goods ampc by delivery there denial is no conversion but evidence of conversion : and in both cases the defendant hath a lawful possession either by finding or by delivery and where the possession is lawful the plaintiff must show a demand and a refusal to make a conversion : though if the possession was tortious as if the defendant takes away the plaintiff’s har the very taking is a sufficient proof of the conversion without proving a demand and refusal Sid 264 3 Salk 365 By Holt C J the denial of goods to him who hath a right to demand them is a conversion and after a demand and refusal if the defendant tender the goods and the plaintiff refuse to receive them that will go only in mitigation of damages not to the right of the action of trover for the plaintiff may have that still Mod Cas 212 An action of trover and conversion may be brought for goods although the goods came into possession of the plaintiff before the action is brought which doth not purge the wrong or make satisfaction for that which was done to the plaintiff by detaining the goods If a man takes ray horse and rides him and afterwards delivers him to me trover lies against him for this is a conversion and the re-delivery is no bar to the action 1 Dane Abr 21 2 Lil 618 But it has been recently held that a demand and refusal are evidence only and are not conclusive of the fact of conversion and they are cured by a subsequent tender of the goods before action brought 1 Moo Sf Sc 459 Where a trader on the eve of his bankruptcy made a collusive sale of his goods to the defendant it was decided that the assignees could not maintain trover without proving a demand and refusal 2 Hen Bla 135 2 Esp Rep 96 or where the sheriff having taken goods in execution after a secret act of bankruptcy has not proceeded to sell 3 Campb 396 sed vide 4 M § S 268 Such a demand and non-compliance are prima facie evidence of a conversion and will induce a jury to find it unless the defendant adduce evidence to negative the presumption as that he being a carrier ampc lost the goods by negligence ampc Bui N P 44 2 Saund 47 e Peake’s Lam of Evidence 298 or that he had reasonable grounds for doubting the plaintiff’s right and offered to deliver them to the right owner 3 Campb 215 n 2 Bulst 310 5 J B Moore 559 266 n 2 B lt£ P 464 5 B Sf A 247 And where the demand of the things for which the action is brought is not made by the plaintiff himself who is the owner but by another person on his account a refusal by the defendant on the ground that he does not know to whom the things belong or that the person who applies for them is not properly empowered to receive them or until he is satisfied by what authority the application is made this will not be such a refusal as to create a conversion 1 Esp N P C 87 and see J B Moore 259 In an action of trover against an agent if the plaintiff rely on a refusal to deliver up the property as evidence of a conversion it must amount to an absolute and not a mere qualified one and on an agent’s refusal to deliver up the goods without his master’s directions it is not sufficient to render him personally liable 5 B A 247 2 Mod 242 A refusal by a bailee to deliver goods to the real owner without the authority of the bailor who has in fact no lien is sufficient evidence of a conversion 1 B lt• A 450 Where the plaintiff sold utensils in a brewhouse to T who paid for them and was to take them away but the defendant being possessed of the brewhouse the utensils were demanded of him by the plaintiff’s attorney accompanied by T when the defendant said he would not deliver them to any body and afterwards the plaintiffs repaid T and brought trover for the goods : the Court of King’s Bench held that this demand and refusal were sufficient evidence of conversion to support the action without any new demand after the re-payment to T 5 M Sr S 105 A brought an action of trespass against B for taking away a filly B justified the taking as the servant of C the jury found a verdict for A with damages subject to a reference to D one of the jurors to ascertain to whom she belonged which was to depend on whether a scar should appear on a certain part of her body and in case it should the verdict for A was to stand if not it was to be entered for B The filly was delivered to D by consent of all parties and he made his award and found her to belong to A and accordingly ordered the verdict for him to stand C ten days after the award demanded the filly of D who refused to deliver her and a fortnight afterwards C brought an action of trover for her recovery: held that the detention of the filly by D did not under the circumstances amount to a conversion as C was no party to the original action and as it did not appear that he was authorized by B to make the demand to whom alone D was bound to deliver her he only being liable to the damages awarded to A 5 Moore 259 2 B 4- B 447 In trover against several defendants all cannot be found guilty on the same count without proof of a joint conversion by all 1 M Sr S 588 In trover for a bond the plaintiff need not show the date for the bond being lost or converted he may not know the date: and if he should set out the date and mistake it he would fail in his action Cro Car 262 If the defendant find the bond and receive the money action of account lieth against the receiver and not trover Cro Eliz 723 Where the trover of goods is in one county and the conversion in another county the action brought for these goods may be laid in the county where the conversion was or in any other county as it is only a transitory action and neither the place of trover nor conve rsion are traversable Pash 23 Car B R Formerly under the general issue Not Guilty the special matter might have been given in evidence to prove the plaintiff had no cause of action or to entitle the defendant to the thing in controversy 2 Bulst 313 Vide also 2 Salk 654 Yelv 198 Cro Car 27 2 Lil 622 But the plea of Not Guilty now operates as a denial only if the breach of duty or wrongful act alleged to have been committed by the defendant and all other pleas in denial must take issue on some particular matter of fact alleged in the declaration See further Not Guilty The jury are not limited to find as damages the mere value of the property at the time of the conversion but they at their discretion find the value at a subsequent time as damages 1 C Sr P 625 In trover for a bill of exchange the damages are to be calculated according to the amount of the principal and interest due upon the bill at the time of the conversion 3 Campb 477 After a plaintiff had recovered damages under a writ of inquiry in trover for the conversion of his title-deeds the court permitted satisfaction of the damages to be entered on the roll on the terms of the defendant’s delivering up the deeds and paying all the costs as between attorney and client incurred by the plaintiff in the cause and placing the plaintiffin as good a situation as he stood in before the cause of action accrued 1 D It 201 None shall be held to special bail in action of trover or detinue without a judge’s order Reg Gen K B and C P Hil 48 Geo 3 9 East 325 1 Taunt 203 TRUCE treuga A league or cessation of arms Anciently there were keepers of truces appointed as King Edward III constituted by commission two keepers of the truce between him and the king of Scots with this clause nos voluntes treugam prcediclam quantum ad nos pertinct observari fyc Rot Scot 10 Edw 3 See Conservators of the Truce Safe Conduct Ministries of TW Arman WATER RIGHTS NOVATION PETITION FOR CLERKS WRIT OF ENTRY cestui que trust APPLICATION FOR THE FOLLOWING ORDERS: CAFA CERTIFICATION BAN EPA APEX LAW ACTION REMISSION REVERSION DETINUE SUR BAILMENT VOID amp VACATE LIEN amp VACATE CONSENT DECREE amp VACATE PREMISES amp ABOLISH COERCIVE MONOPOLY ABOLISH ESTABLISHED HOLISTIC BELIEFS REMIT TRUST SURRENDER IRON MOUNTAIN MINE REMEDIATION TRUSTS TO MR TW ARMAN SURRENDER IRON MOUNTAIN MINE TO MR TW ARMAN’S TENANT-IN-CHIEF SURRENDER IRON MOUNTAIN OPERATIONS TAKE PERSONAL POSSESSIONS GO 1414 As between appropriators the one first in time is the first in right QUO WARRANTO 1530 Novation is the substitution of a new obligation for an existing one MANDAMUS Congress has the right to make any law that is ‘necessary and proper’ for the execution of its enumerated powers Art I Sec 8 Cl 18 Signature: in loco parentis /s/ John F Hutchens parens patriae Tenant in-Chief Warden of the Arboretum Gales amp Stannaries I John F Hutchens hereby state that the same is true of my own knowledge except as to matters which are herein stated on my own information or belief and as t those matters I believe them to be true Date: October 28 2010 Signature: parens parens parens Verified affidavit: /s/ John F Hutchens Chancellor amp High Warden Palatine amp General Commissioner Grantees Agent for Mr TW Arman expert Mormaer amp Special Deputy Levying Officer of Record ENVIRONMENTAL COMMAND OFFICER – PRIVATE INSPECTOR GENERAL -MINISTER FACILITY COMPLIANCE AUDITOR EXCHEQUER DAD OF IRON MOUNTAIN MINE HUMMINGBIRD INSTITUTE – IRON MOUNTAIN HAZARD amp REMEDIATION DIRECTOR TENANT-IN-CHIEF OPERATING OFFICER / CHANCELLOR – FREEMINERS’ UNIVERSITY CURATOR OF THE ARMAN CONSERVATORY / JOINT VENTURER – ad hoc amp ad litem RELATED CASES-CONCURRENT JURISDICTION USDC-CES Civ 2:91-cv-00768 – USCA No 09-17411 USCFC No 09-207 L ampc CLASS ACTIONS – CLERKS NOTICE: Detinue sur bailment-trover ADVERSE CLAIMS WRONGFUL TAKING FALSE PRETENSES FRAUD UPON THE COURTS ampe Terris bonis et calallis rehabendis post purgationem A writ for a clerk to recover his lands goods and chattels formerly seized after he had cleared himself of the felony of which he was accused and delivered to his ordinary to be purged Reg Orig 68 CITIZENS SUIT INTERVENTION COMPLAINT TAKING CLAIM STIGMATIC INJURIES IN VIOLATION OF SECTION 19 CALIFORNIA CONSTITUTION REQUIRING PREPAYMENT OF JUST COMPENSATION TREBLE DAMAGES FORM OF STATUTES The Courts Jurisdiction This Court has jurisdiction of this case under 28 USC § 1491 the Tucker Act as a “claim against the United States founded either upon the Constitution or any Act of Congress or any regulation of an executive department ” This Court enjoys concurrent jurisdiction in equity with other Courts STATEMENT OF CLAIM LOCATORS RIGHTS OF PRIORITY OF POSSESSION Petitioners are entitled to relief because they are the owners/ operators of Iron Mountain Mines with vested and accrued existing rights of the locators including all of the rights privileges and immunities of patent title and including rights and immunities for agricultural college land grants bounty warrant freehold estates and General mining law claims and mineral patents § 26 Locators’ rights of possession and enjoyment exclusive right § 29 Patents …the affidavits required made by authorized agent conversant with the facts § 30 Adverse claims judicial determination of right of possession § 31 Oath: agent or attorney in fact title may be verified by the oath of any duly authorized agent § 33 Existing rights all the rights and privileges conferred § 40 Verification of affidavits before officer authorized to administer oaths within land district § 51 Vested and accrued rights by priority of possession rights vested and accrued …the possessors and owners of such vested rights shall be maintained and protected in the same PRIOR RIGHTS PATENT TITLE In California a complaint simply alleging the ownership by plaintiff of his mining location and the claim by defendant without right of an adverse interest has been held to allege enough In any event the party seeking to have a trust declared must make out a case against the patentee by evidence that is plain and convincing beyond reasonable controversy It has been held that such a suit is clearly within the jurisdiction of the federal courts regardless of the citizenship of the parties In proceedings under RevStat §§ 2325 2326 to determine adverse claims to locations of mineral lands it is incumbent upon the plaintiff to show a location which entitles him to possession against the United States This is therefore an adverse claims proceeding In proper cases patentees will be held to be trustees for others equitably entitled to the land If the patentee bring ejectment the trust may be set up as an equitable defense in Jurisdictions where such defenses are allowed Where a co-owner has been excluded from the patent the patentees become trustees for him to the extent of his interest and it seems that he need not await the issuance of patent before suing Laches will operate as a bar TW Arman IMMI and the Native Pigments Co offer bio-based mineral inks wood and concrete stains the value could exceed 16000 per day if higher quality pigment grade iron oxide were produced News Release Release No 011912 Contact: USDA Office of Communications 202 720-4623 Printable version Email this page Agriculture Secretary Vilsack announces BioPreferred Final Rule BioPreferred® Program designates thirteen new Biobased Product Categories More than 1500 additional biobased products now eligible for preferred Federal purchasing WASHINGTON April 10 2012 – Agriculture Secretary Tom Vilsack today announced the addition of 13 biobased product categories which are eligible for Federal procurement preference Now more than 1500 additional biobased products will be offered for preferred purchasing consideration by all Federal government agencies and contractors The final rule was published in the April 4 Federal Register In February President Obama issued a Presidential Memorandum to create jobs through increased procurement of biobased products by the federal government and to encourage greater Federal support of the BioPreferred program There are now more than 10000 products qualifying for preferred procurement under USDA’s BioPreferred program said Vilsack Including previously designated items these 13 additional biobased product categories will help feed the President’s initiative by offering even more products with federal procurement preference Creating new markets for the nation’s agricultural products through biobased manufacturing is one of the many steps the Administration has taken over the past three years to strengthen the rural economy Since August 2011 the White House Rural Council has supported a broad spectrum of rural initiatives including a 350 million commitment in SBA funding to rural small businesses over the next 5 years launching a series of conferences to connect investors with rural start-ups creating capital marketing teams to pitch federal funding opportunities to private investors interested in making rural and making job search information available at 2800 local USDA offices nationwide USDA through its Rural Development mission area administers and manages housing business and community infrastructure and facility programs through a national network of state and local offices Rural Development has an active portfolio of more than 165 billion in loans and loan guarantees These programs are designed to improve the economic stability of rural communities businesses residents farmers and ranchers and improve the quality of life in rural areas Extent of the Taking It is well established that a physical taking is defined by the government’s corporeal violation of private property As the Supreme Court has noted “where real estate is actually invaded so as to effectually destroy or impair its usefulness it is a taking within the meaning of the Constitution” Loretto v Teleprompter Manhattan CATB Corp 458 US 419 427 1982 quoting Pumpelly v Green Bay Co 80 US 13 Wall 166 1871 The Court has similarly emphasized that “the hallmark of a physical taking is government occupation of real property” Alameda Gateway Ltd v United States 45 Fed Cl 757 762 1999 quoting Loretto 458 US at 426 1982 However it has also recognized the possibility of compensable stigmatic injuries that extend beyond the tangible aspects of a physical taking In Hendler v United States it held that “if fear of a hazard would affect the price a knowledgeable and prudent buyer would pay to a similarly well-informed seller diminution in value caused by that fear may be recoverable as part of just compensation” Hendler v United States 38 Fed Cl 611 625 1995 quoting United States v 760807 Acres of Land 731 F2d 1443 1447 9th Cir 1984 aff’d 175 F3d 1374 Fed Cir 1999 see also Shelden v United States 34 Fed Cl 355 373 1995 reducing post-taking fair market value of property due to stigma associated with earthquake damage “Two Miners” contend that the physical taking of the Brick Flat Pit produced a compensable impact on the entire Property’s value Petitioners claim that the remedial action produced two linked effects flowing from the EPA’s physical occupation of the Brick Flat Pit The first effect was the physical taking of the Brick Flat Pit itself which continues to prevent Two Miners and Iron Mountain Mines et al from commercially exploiting the Brick Flat Pit The second effect was the diminution of the Property’s overall market value due to the stigma associated with possible liability to any buyer for the CERCLA action It should be noted that this “stigma” amounts to considerably more than a mental attitude on the part of buyers It is based upon a very real possibility that any commercial activity on the property might lead to regulatory prohibition or real physical danger While TW Arman and John Hutchens are not convinced that in fact the Property is unusable it seems clear that a reasonably prudent buyer would consider that quite probable and be unwilling to purchase the property at any positive price or share in the stigma of exterminating the salmon and trout Two Miners has expert testimony stating that “the mere existence of this huge quantity of waste on the property even in a constructed repository creates too great a potential CERCLA liability for anyone to consider purchasing the land” In summary Iron Mountain Mines experts in the valuation of contaminated property argue that anyone buying the Property before the EPA completes the removal action and removes the sludge from the Open Pit would potentially bear liability under CERCLA for costs incurred in the removal action Consequently a reasonable purchaser would discount the purchase price of the Property by at least the amount of the liability assumed in the post-removal action condition of the Property Similarly Iron Mountain Mines will present evidence that once the presence of hazardous waste has stigmatized property a reasonable purchaser of said property would discount the sales price for the costs of removal of all of the offending material currently disposed in the Brick Flat Pit Iron Mountain Mines noted that the stigma flows from the possibility of leakage of contaminants from the waste in the Open Pit and the potential “consequent liability placed upon TW Arman under CERCLA” According to Iron Mountain Mines it follows that just compensation should be the difference between the Property’s pre-taking fair market value and the sum resulting from the cost of the removal of the hazardous waste in the Open Pit added to the CERCLA liability incurred The stigma associated with general contamination and burden of infamy associated with natural resource damage and fish extinction dramatically affects the entire Property’s value Hendler and Shelden permit recovery for diminution in value due to the general fear of a hazard caused by a taking assuming that the hazard’s affect on marketability is measurable See Hendler 38 Fed Cl at 625 quoting United States v 760807 Acres of Land 731 F2d 1443 1447 9th Cir 1984 “If fear of a hazard would affect the price a knowledgeable and prudent buyer would pay to a similarly well-informed seller diminution in value caused by that fear may be recoverable as part of just compensation” see Shelden 34 Fed Cl at 373 It is generally recognized that general market perception of contamination on a future development site results in the depreciation of property value Iron Mountain Mines argument is that the Open Pit’s taking negatively impacts the entire Property’s value on the basis of the evidence In analyzing this impact the’ computations regarding the Property’s diminution in value as a result of the stigma associated with hazardous waste and fish extinction The Removal Action as a Special Benefit When only a portion of private property is physically taken the amount of compensation owed for the property of Iron Mountain Mines must be reduced by any special benefits from the government action accruing to the remainder of the property Hendler 38 Fed Cl at 1380 Special benefits are benefits which inure to the particular property suffering the taking rather than to the general public The United States placed a statutory lien for “unrecovered past response costs” and stated that the removal action conferred a special benefit upon the Property which we should deduct from any ultimate damages valuation and inferred that it was justified as a “windfall” lien Such arguments however lead nowhere Even if the Court accepts the government’s argument that the removal action benefits the Property’s value the United States will be unable to include any evidence regarding the amount by which such benefit increases the Property’s value Thus no offset of compensable damages for the benefits allegedly conferred by the removal action are possible Having resolved these issues let us now turn to the determination of the Property’s fair market value as a function of calculating the just compensation owed to Iron Mountain Mines Just compensation for a taking under the Fifth Amendment requires that a deprived owner be put “in the same position monetarily as he would have occupied if his property had not been taken” Almota Farmers 409 US at 474 internal citations omitted The necessary corollary to this basic damages principle is that the Court may not place a deprived owner in a better position by a Fifth Amendment taking recovery than if the taking at issue had not occurred The fair market value of the highest and best use of the Property before and after the action A reasonable valuation of the Property’s value as a mine before the EPA’s removal action estimates the Property’s value based upon the 20 million plus tons of proven ore reserves plus 5 million tons of probable reserves and the assay of minerals and the prices of Gold Silver Copper Zinc Iron Aluminum Magnesium Manganese Vanadium Titanium Cobalt Nickel and other minerals and by-products at close to 18400000000 billion Assuming the EPA estimate of mining and remediation at 1400000000 billion is correct The fair market value would be 17000000000 billion Add to that a fair market value of the land surface 4400 acres for the future complete development 1 billion yields a gross takings value of 18000000000 billion of Just Compensation Valuation Additional value of the estimated 20 billion tons of building stone available incidental to mineral resources indicates a total potential value of 72 billion Iron Mountain Mines calculates the fair market value of mining on the Property prior to the taking by determining the present value of the future income stream of minerals that could have mined on the Property absent the taking over a twenty year period This methodology required an estimate of the annual production of minerals on the Property to determine the present value of the future royalty income stream TW Arman and John Hutchens assume that solution mining would have averaged annual production of 500000 tons of mineral products and a royalty of 100000000 million per year Multiplying projected annual production by this royalty rate annual royalties from January 1989 until January 2009 would be 2000000000 TW Arman and John Hutchens therefore believe the present value of lost mining opportunity on the Property as of January 1 1989 to the present at 2000000000 It is well established that “comparable sales are considered by the courts to be the best evidence of fair market value and thus preferable to other forms of valuation” Stearns Co Ltd v United States 53 Fed Cl 446 458 2002 citing United States v 50 Acres of Land 469 US 24 1984 Kirby Forest Indus Inc v United States 467 US 1 1984 Other valuation methods may prove useful but a comparable sales methodology is a generally superior indicator of value if an active real estate market existed in the vicinity of the subject property prior to the taking See Florida Rock Indus Inc v United States 45 Fed Cl 21 35 1999 citing Whitney Benefits Inc v United States 18 Cl Ct 394 affirmed 926 F2d 1169 Fed Cir cert denied 502 US 952 1991 Here Iron Mountain Mines valued the Property’s worth for mining since no comparable comparison was or is available by analyzing the Property’s pre-taking future income stream Iron Mountain Mines claims that future income stream analysis is appropriate here because the valuation of mineral interests is preferably done by determining the present value of a future income stream Iron Mountain Mines support this view by arguing that the federal government in its Uniform Appraisal Standards for Federal Land Acquisitions states that “property having a highest and best use for mineral production may be appraised utilizing an income approach when comparable sales are lacking” Uniform Appraisal Standards at 23-24 internal citations omitted Iron Mountain Mines further points to Whitney Benefits Inc v United States in which the Federal Circuit approved of the use of future income stream analysis as support for the relevance of future income stream analysis in the present case See 962 F2d 1169 Fed Cir 1991 Deprived miners TW Arman and John Hutchens are entitled to interest on just compensation awarded pursuant to Fifth Amendment takings Stearns Co Ltd v United States 53 Fed Cl 446 466 2002 citing Kirby Forest Indus v United States 467 US 1 1984 Thus an award to TW Arman and John Hutchens with compounded prejudgment interest from the date of the taking until the date of the judgment is proper See Id citing United States v Thayer-West Point Hotel Co 329 US 585 588 1947 Miller v United States 223 Ct Cl 352 360 1980 We date the taking as having actually accrued as of March 9 th 2007 as the day the EPA project manager and/ or the site operator replaced the gate at the property entrance and refused to provide TW Arman with the key or code Previously the EPA and its contractors had not interfered with TW Arman’s possession and enjoyment of the property and the EPA has always averred that it makes no claim to a right of possession of the property and the project manager has publicly proclaimed as recently as this year that Mr Arman is free to do whatever he wants with the property because he is the owner Petitioners appreciate every indulgence extended by the court in consideration of the overly verbose or turgid pleadings and petitioners further acknowledge the courts tolerance of any inadvertence in the pleadings such as referring to the lost mining opportunity as a commencement of the takings an reasonable misunderstanding of the meaning of a takings and when the facts of the case indicate otherwise The EPA and its contractors had until March of 2007 conducted themselves with due propriety for which Mr Arman affectionately referred to them as “the janitors” The EPA first published information indicating that it did not intend to perform additional RODs record of decision in May of 2006 so in the absence of any protest of the CERCLA actions no claim would be ripe for adverse possession until after that time Interest computation will be based upon the Contracts Disputes Act 41 USC §§ 601-13 1982 See Jones v United States 3 Cl Ct 4 7 1983 Iron Mountain Mines further seeks awards of attorney fees and costs incurred as a result of litigation to TW Arman and John F Hutchens under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 42 USC § 4601 et seq 1995 amp 2002 Supp Attorney Fees: CERCLA Private Recovery Actions 10 Pace Envtl L Rev 393 1992 Two Miners TW Arman and John F Hutchens also seek compensation for stigmatic injuries TW Arman and Iron Mountain Mines et al have been unfairly blamed for the endangerment and possible extinction of salmon and trout in the Sacramento River a crime of infamy if ever there was one not withstanding that there is no evidence that any fish have been killed in the affected reaches of the Sacramento River since at least 1969 seven years before TW Arman purchased the property or that TW Arman and Iron Mountain Mines Inc did not actively mine the massive sulfide ores found to be the source of the minerals passively migrating from the property and alleged to pose an “imminent and substantial endangerment” to the environment and in disregard of contributory factors particularly the United States construction of dams that destroyed the habitat of the salmon and trout necessary for their reproduction and without consideration of other factors affecting the fishes demise such as urban run-off untreated sewage ranching farming global warming and other forms of habitat destruction When the EPA first conducted its remedial investigation of Iron Mountain Mines it considered “Among the remedial action alternatives that could be implemented by the EPA the total removal of the source and sediments in the receiving waters Alternative CA-10 is considered the only remedy for the Iron Mountain Mine site which is capable of meeting project cleanup objectives and the full requirements of the Clean Water Act CWA This alternative would effectively eliminate discharges from Iron Mountain and restore all tributaries to pristine condition This alternative was based on total removal of all the source of contamination and disposing of them in a RCRA-approved facility” Without digressing to consider the notion of disposing of millions of tons of valuable ore and mining by-products it will suffice to observe that having recognized that there was a viable alternative that was fully protective of human health and the environment the EPA elected to proceed with a remedial action removal that was less than fully protective of human health and the environment and then and thereafter disregarded its duty and responsibilities to implement a remedial action that was fully protective of health and environment For these reasons TW Arman and John Hutchens dispute the United States lawful authority to conduct these CERCLA remedial actions removal and demand the return of the property and restoration of rights privileges and immunities of patent title to the possession and enjoyment of TW Arman and John F Hutchens Because the United States even with congressional approval executive authorization and district court decree has no actual justification for its actions and the only remedy found to be fully protective of human health and the environment is to finish the mining begun 150 years ago the only remedy consistent with CA-10 of the administrative record complete removal of the source which is what Iron Mountain Mines Inc was doing before the EPA interfered the EPA should be found liable for the taking of private property for the public benefit requiring the payment of just compensation under the 5 th amendment of the constitution TW Arman used “due care” in the purchase of the property because copper zinc and cadmium were not listed as “hazardous substances” under the provisions of the Clean Water Act CWA in 1976 when the property was purchased and California laws regarding mining operations compliance with federal regulations show that Iron Mountain Mines was not in violation of any law CONCLUSION TO THE EXTENT OF THE TAKINGS TW Arman and John F Hutchens claim that the EPA’s remedial removal actions constitute a taking of the Iron Mountain Mines property warranting just compensation under the Fifth Amendment of the constitution of the United States for a partial takings of private property with actual damages of lost mining opportunities plus stigmatic injuries and property and incidental damages of 7074500000 billion Petitioners seek an award of 7074500000 billion in just compensation with detinue sur bailment reversion remission plus interest attorney’s fees expert fees and costs In the alternative that the United States actions are a condemnation that will prevent the lawful mining of Iron Mountain Mines TW Arman and John F Hutchens seek an award for the complete taking of private property for the public benefit requiring the payment of 18000000000 billion in just compensation Plaintiff’s “Two Miners” submit that plaintiff’s mutual interests are undivided interests Wherefore the United States is liable for the taking of private property requiring the payment of just compensation under the 5 th amendment of the constitution of the United States we demand judgment against the United States of seven billion seventy four million and five hundred thousand dollars for the partial takings and stigmatic injury or eighteen billion dollars for the complete takings of the Iron Mountain Mines properties plus interest fees and costs DEMANDS 1 Plaintiffs in this matter demand exoneration by virtue of the innocent landowner defense third party defense and act of God defenses for restitution of the property invaded for CERCLA actions entered and to void and vacate judgment void and vacacte consent decree and vacate premises 2 Plaintiffs demand just compensation for lost mining opportunity resulting from actions by the EPA represented as lawful police actions conducted for the public and environmental welfare but found not to be fully protective of human health and the environment when such a remedy was offered by the plaintiffs at less expense but prevented by the actions of the EPA on behalf of the United States Plaintiffs seek further just compensation for illegitimate animus and vindictive actions despotism and tyranny false claims and negligently arbitrary and capricious reckless endangerment and malicious prosecution 3 Plaintiffs demand just compensation for the stigmatic injuries by the EPA 4 Plaintiffs demand the creation and appointment of the Essential Products Administration and the creation and appointment of the Special Deputy Attorney General thereof 5 Plaintiffs demand review to contest the constitutionality of CERCLA and request the court to certify constitutional questions to the United States Supreme Court 6 Plaintiffs demand a determination of unfair and unjust burden upon TW Arman John Hutchens and Iron Mountain Mines et al that should be borne by the public as a whole 7 Plaintiffs demand a determination of liability of the United States for contribution to hazardous waste disposal 8 Plaintiffs demand retractions and exonerations by the government which allowed the character of TW Arman and Iron Mountain Mines to be libeled and slandered with abuse of process and malice to the severest possible unfair and unjust stigma with illegitimate animus and vindictive actions THERE IS NO EVIDENCE TO SUPPORT A FINDING OF INELLIGIBILITY FOR THE INNOCENT LANDOWNER THIRD PARTY AND ACT OF GOD DEFENSES THERE IS NO EVIDENCE TO SUPPORT CONTINUING THESE CERCLA ACTIONS THERE IS NO EVIDENCE THAT TW ARMAN FAILED TO USE “DUE CARE” OR SHOULD HAVE KNOWN THAT COPPER CADMIUM AND ZINC WERE HAZARDOUS SUBSTANCES AT THE TIME OF PURCHASE BECAUSE THEY WERE NOT LISTED AS HAZARDOUS SUBSTANCES UNDER THE LAW THERE IS NO EVIDENCE OF UNDUE CARE PURSUANT TO SARA THERE IS NO EVIDENCE OF CONTRIBUTION TO POLLUTION BY THE PETITIONERS This is a paradigmatic issue for resolution by the Judiciary The federal courts historically have resolved disputes over land even when the United States military is occupying the property at issue In Megapulse Inc v Lewis the court held that declaratory relief may be granted in the district court for unlawful government activities regardless of whether damages might also be available in the Claims Court As Justice then Judge Cardozo admonished Metaphors in law are to be narrowly watched for starting as devices to liberate thought they end often by enslaving it The ability of the United States plaintiffs to sue does not turn on whether certain rights which may belong only to the corporation may be asserted derivatively by the sole shareholder or on whether we should lift the corporate veil- The standing inquiry may be conducted along two different branches: first whether there is a cognizable property interest under the United States Constitution directly assertable by a United States citizen-shareholder and second whether a there is a cognizable property interest directly belonging to the corporation and b if so the scope of a shareholder’s right to assert that interest derivatively The crucial issue here is whether the plaintiffs have constitutional rights of their own which exist by virtue of their exclusive beneficial ownership control and possession of the properties and businesses allegedly seized Properly understood the question is whether the plaintiffs’ and the wholly owned California corporation have a judicially cognizable interest in the affected property sufficient to enable them to sue for an unconstitutional deprivation of the use and enjoyment of that private property Because the plaintiffs have a protected property interest for the purposes of the claims asserted here they have standing to sue The court must concede on standing that the plaintiffs as individuals have a cognizable property interest in the land which interest since they are American citizens is protected by the Constitution Ramirez Dissenting Opinion of Scailia J at 1556 If the 100 owner TW Arman has an interest protected by the United States Constitution that is enough to compel the United States Federal Claims Court to go forward As such cases involving corporate shareholders’ attempts to sue for a violation of a constitutional right which attaches only to individuals when the challenged action affected only the corporation are inapposite The approach taken in the instant case is consistent with the holdings of those cases by its focus on the nature of a shareholder’s personal interests and injuries and his own constitutional rights in determining whether the shareholder has a right to sue The Supreme Court has held that monetary relief for unauthorized Executive seizures is not available in the Claims Court The taking of private property by an officer of the United States for public use without being authorized expressly or by necessary implication to do so by some act of Congress is not the act of the Government’ and hence recovery is not available in the Court of Claims’ Injunctive relief is available in US District Court when the property owner proves that government officials lack lawful authority to expropriate his property Ramirez de Arellano v Weinberger 745 F2d 1500 1522 DC Cir 1984en banc emphasis in original footnote omitted vacated on other grounds and remanded 471 US 1113 1985 dismissed on other grounds 788 F2d 762 DC Cir 1986 en banc quoting Regional Rail Reorganization Act Cases 419 US 102 127 n16 1974 quoting Hooe v United States 218 US 322336 1910 Injunctive relief is also available in US District Court when the monetary compensation available exclusively in the Federal Court of Claims would be wholly inadequate to compensate the complainant for the alleged taking’ Transcapital Financial Corp 44 F3d at 1025 RIGHT OF PRESENT POSSESSION COMPELLED PATENT TITLE IN EVIDENCE EX PARTE ADVERSE CLAIMS POSSESSION AND EJECTMENT EXECUTION EMERGENCY INTERVENTION WITH ACTUAL CAUSE § 6973 Imminent hazard a Authority of Administrator Notwithstanding any other provision of this chapter upon receipt of evidence that the past or present handling storage treatment transportation or disposal of any solid waste or hazardous waste may present an imminent and substantial endangerment to health or the environment the Administrator may bring suit on behalf of the United States in the appropriate district court against any person including any past or present generator past or present transporter or past or present owner or operator of a treatment storage or disposal facility who has contributed or who is contributing to such handling storage treatment transportation or disposal to restrain such person from such handling storage treatment transportation or disposal to order such person to take such other action as may be necessary or both A transporter shall not be deemed to have contributed or to be contributing to such handling storage treatment or disposal taking place after such solid waste or hazardous waste has left the possession or control of such transporter if the transportation of such waste was under a sole contractual arrangement arising from a published tariff and acceptance for carriage by common carrier by rail and such transporter has exercised due care in the past or present handling storage treatment transportation and disposal of such waste The Administrator shall provide notice to the affected State of any such suit The Administrator may also after notice to the affected State take other action under this section including but not limited to issuing such orders as may be necessary to protect public health and the environment b Violations Any person who willfully violates or fails or refuses to comply with any order of the Administrator under subsection a of this section may in an action brought in the appropriate United States district court to enforce such order be fined not more than 5000 for each day in which such violation occurs or such failure to comply continues c Immediate notice Upon receipt of information that there is hazardous waste at any site which has presented an imminent and substantial endangerment to human health or the environment the Administrator shall provide immediate notice to the appropriate local government agencies In addition the Administrator shall require notice of such endangerment to be promptly posted at the site where the waste is located d Public participation in settlements Whenever the United States or the Administrator proposes to covenant not to sue or to forbear from suit or to settle any claim arising under this section notice and opportunity for a public meeting in the affected area and a reasonable opportunity to comment on the proposed settlement prior to its final entry shall be afforded to the public The decision of the United States or the Administrator to enter into or not to enter into such Consent Decree covenant or agreement shall not constitute a final agency action subject to judicial review under this chapter or chapter 7 of title 5 APA CLAIMS § 1491 b4 § 706 Scope of review To the extent necessary to decision and when presented the reviewing court shall decide all relevant questions of law interpret constitutional and statutory provisions and determine the meaning or applicability of the terms of an agency action The reviewing court shall— 1 compel agency action unlawfully withheld or unreasonably delayed and 2 hold unlawful and set aside agency action findings and conclusions found to be— A arbitrary capricious an abuse of discretion or otherwise not in accordance with law B contrary to constitutional right power privilege or immunity C in excess of statutory jurisdiction authority or limitations or short of statutory right D without observance of procedure required by law E unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute or F unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court In making the foregoing determinations the court shall review the whole record or those parts of it cited by a party and due account shall be taken of the rule of prejudicial error CALIFORNIA CODE OF CIVIL PROCEDURE 512010 b The application shall be executed under oath and shall include all of the following: 1 A showing of the basis of the plaintiff’s claim and that the plaintiff is entitled to possession of the property claimed If the basis of the plaintiff’s claim is a written instrument a copy of the instrument shall be attached DEED BOUNTY WARRANTS PATENT TITLE FILED 2 A showing that the property is wrongfully detained by the defendant of the manner in which the defendant came into possession of the property and according to the best knowledge information and belief of the plaintiff of the reason for the detention PETITIONERS HAVE SUBMITTED EVIDENCE THAT THE UNITED STATES EPA INVASION AND OCCUPATION OF IRON MOUNTAIN MINES PROPERTY TO PERFORM A CERCLA REMEDIAL ACTION WAS A FALSE CLAIM WHEN IN FACT THE EPA ACTION WAS A REMOVAL ACTION THAT HAS RESULTED IN AN IMMINENT HAZARD TO THE PETITIONERS THE PROPERTY THE PEOPLE AND THE ENVIRONMENT THE EPA HAS IN FACT CREATED AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PROPERTY OWNERS THAT IS NOTHING LESS THAN ARBITRARY AND CAPRICIOUS FELONIOUS UNLAWFUL DETAINER PETITIONERS HAVE SHOWN THAT EPA ACTIONS AUTHORIZED BY THE PRESIDENT APPROVED BY CONGRESS AND DECREED BY THE UNITED STATES DISTRICT COURT HAVE CAUSED THE UNNECESSARY DISPOSAL OF OVER 500 THOUSAND TONS OF ACUTELY NONTOXIC NONHAZARDOUS WASTES IN A NONTOXIC PIT LOCATED ON PRIVATE PROPERTY WITHOUT A MEMORANDUM OF UNDERSTANDING WITH THE OWNER CONCERNING THE DISPOSAL THE ADMINISTRATIVE RECORD PARTICULARY THE MOST RECENT 5 YEAR REVIEW OF THE CERCLA ACTION INFORMS THAT THE “DISPOSAL CELL” HAS FAILED AND THAT THE LEACHATE FROM THE PIT NO LONGER FLOWS INTO THE DRAINAGE SYSTEM INTENDED TO CAPTURE IT FOR TREATMENT PETITIONERS DEMAND THE SURRENDER OF THE PROPERTY TO PROCEED WITH THE PROPER REMEDY THE EPA HAS FAILED ITS DUTIES TO PERFORM THE DOJ AND THE COURTS IN ERROR HAVE PERPETUATED THIS NEGLECT IN VIOLATION OF THE REQUIREMENTS OF CERCLA 121 AND IN DEFIANCE OF COMMON SENSE PETITIONERS HAVE SHOWN THAT AGENCY ACTIONS DO NOT ACHIEVE THE DISCHARGE REQUIREMENTS OF THE CWA IN AND ARE IN VIOLATION OF ESA PETITIONERS HAVE SHOWN THAT REVOLUTIONARY TECHNOLOGY IS NOW AVAILABLE TO THE PETITIONERS THAT WILL MEET THE DISCHARGE REQUIREMENTS OF THE CWA AND ESA ELIMINATE THE TOXIC SLUDGE DISPOSAL AND ELIMINATE THE NEED FOR THE EPA LIME TREATMENT PLANT THE EPA REFUSES TO CONSIDER ANY RESOURCE RECOVERY TECHNOLOGIES THAT WOULD INTERFERE WITH THE ONGOING RESPONSE ACTION PETITIONERS HAVE SHOWN THAT EPA ACTIONS AND CONDUCT OF OFFICERS OF THE UNITED STATES EPA AND DOJ WERE MISTAKEN BUT COGNIZABLE UNDER THE DOCTRINE OF ESTABLISHED BELIEFS ACCORDING TO THE SUPREME COURT SO NO TORT CLAIMS WOULD BE POSSIBLE AND PLAINTIFFS HAVE ACKNOWLEDGED AND FORGIVEN THOSE IN ERROR WITH A WAIVER PETITIONERS HAVE SHOWN THAT EPA ACTIONS HOWEVER WELL MEANT OR INTENTIONED HAVE FAILED TO ACHIEVE THE PERFORMANCE MANDATED BY STATUTE AND REQUIRED BY CONGRESS COURT ORDERS THE CWA AND ESA PETITIONERS HAVE SHOWN THAT JUDICIAL SWADDLING AND DEFERENCE TO AGENCY ACTIONS EVEN IF UNLAWFULLY WITHELD OR UNREASONABLY DELAYED HAS RESULTED IN AN IMMINENT HAZARD AND A NEGLIGENTLY ARBITRARY AND CAPRICIOUS RECKLESS NEGLIGENT ENDANGERMENT OF THE PETITIONERS AND THEIR PRIVATE PROPERTY AS WELL AS TO THE NATION PETITIONERS HAVE SHOWN THAT COURT RULES PARTICULARLY RULES WHICH DISCRIMINATE AGAINST CITIZENS WITHOUT REPRESENTATION BY ADMITTED ATTORNEYS DEPRIVES CITIZENS OF THE CONSTITUTIONAL PROTECTIONS OF DUE PROCESS AND EQUAL PROTECTION AND SERVES TO DEPRIVE THESE PETITIONERS OF PROTECTIONS GUARANTEED UNDER THE 5TH AMENDMENT OF THE CONSTITUTION FOR TAKINGS OF PRIVATE PROPERTY REQUIRING JUST COMPENSATION AND JUST SPEEDY AND ADEQUATE REMEDY A RULE SUPERIOR TO THE CONSTITUTION CANNOT BE ADMITTED PETITIONERS HAVE SHOWN THAT THE DETENTION OF IRON MOUNTAIN MINES BY THE EPA UNDER CERCLA WAS A MISTAKE THAT THE EPA ACTIONS HAVE BEEN INADEQUATE AND INAPPROPRIATE THAT THE EPA ACTIONS EXCEED ANY LAWFUL AUTHORITY MOST PARTICULARLY THE LIMITATIONS IMPOSED UNDER CERCLA SEC 9604 RESPONSE AUTHORITIES 3A 3 Limitations on Response–The President shall not provide for a removal or remedial action under this section in response to a release or threat of release– A of a naturally occurring substance in its unaltered form or altered solely through naturally occurring processes or phenomena from a location where it is naturally found 3 A particular description of the property and a statement of its value TW ARMAN’S IRON MOUNTAIN MINES INSTITUTES’ et al PROPERTIES INCLUDE A CERTAIN FREEHOLD OF 360 ACRES OF LAND BY BOUNTY WARRANTS OF MILITARY SCRIP AND AGRICULTURAL COLLEGE LAND GRANTS PATENTS FOR LAND IN LIEU OF LAND IN THE MAJOR PIERSON B READING MEXICAN LAND GRANT PATENT SIGNED BY PRESIDENT ABRAHAM LINCOLN AS CONFIRMED BY THE TREATY OF GUADALUPE HIDALGO RATIFIED BY THE UNITED STATES CONGRESS amp UPHELD BY THE SUPREME COURT A PARAMOUNT TITLE OF ANCIENT DEMESNE FROM THE UNITED STATES OF AMERICA AND THE STATE amp UNIVERSITY OF CALIFORNIA PART OF 2384 ACRES OF LAND FOR CERTAIN QUARTZ LODE MINING PATENTS IN 4400 ACRES OF LAND CONTIGUOUS AND ABSOLUTE FEE SIMPLE FROM THE UNITED STATES OF AMERICA PARTS OF 8000 ACRES OF LAND FOR CERTAIN INCIDENTAL amp PEREMPTORY EMINENT DOMAIN amp ADVERSE CLAIMS IN REVERSION REMISSION RECLAMATION RESTITUTION REMAINDER DETINUE SUR BAILMENT TROVER CESTUI QUE TRUST CESTUI QUE USE GUARANTEED RIGHTS PRIVILEGES AND IMMUNITIES VESTED AND ACCRUED OF A SOVEREIGN ABSOLUTE ORIGINAL amp PARAMOUNT TITLE BY THE PRIORITY OF POSSESSION OF THE LOCATORS AND OUR PROTECTIONS IN THE SAME FOR THEIR AND THEIR HEIRS SUCCESSORS AND ASSIGNS USE AND BEHOOF FOREVER AS AGAINST THE WHOLE WORLD BUT THE TRUE OWNER FOR THE EXCLUSIVE POSSESSION AND ENJOYMENT OF THE HEADWATERS FOREST OF THE LOST CONFIDENCE MINE amp IRON MOUNTAIN MINES FORESTS OF THE NORTH EL CABACERA DEL RIO BUENAVENTURA PERDIDO BOSQUES DEL NORTE WHICH IS THE ENTIRE CONTIGUOUS WATERSHED amp MINERAL ESTATE KNOWN AS THE IRON MOUNTAIN MINES SUPERFUND SITE and THE INFAMOUS BILLION DOLLAR SETTLEMENT FOR THE IRON MOUNTAIN MINES CLEANUP and THE WRONGFUL TAKING CLAIMS BILL OF ATTAINDER CRIME OF INFAMY EXPOST FACTO VOID FOR VAGUENESS AND ILLEGITIMATE ANIMUS UNCONSTITUTIONAL REPUGNANT LAW LITIGATION TREBLE DAMAGES FORM OF STATUTE and THE SEPARATION OF FEDERAL STATE SPONSORED RELIGION CLAIM WITH NULLIFICATION ABOLITION AND EMANCIPATION LITIGATION NONUPLED DAMAGES FORM OF STATUTE and 137 THOUSAND ACRES OF LAND FOR CERTAIN CALIFORNIA EMPIRE TERRITORY WITH PUEBLO PROPRIETARY NATIVE RIPARIAN AND PRIOR APPROPRIATION WATER RIGHTS IN EMINENT DOMAIN DEMOCRAT MOUNTAIN MATHESON TO CROWN POINT RELOCATION OF THE THISTLE LODE RELOCATION OF THE PERSHING LODE REMISSION OF THE CHAPPIE/SHASTA OHVA AND THE KESWICK AND THE BATTLE CREEK WATERSHEDS HIGHEST AND BEST USE EXPLAINED and ONE MILLION ACRES OF NEW LAND amp FRESH WATER BY EMINENT DOMAIN PRE-EMPTION FOR THE LAGO BUENAVENTURA amp THE ISTHMUS OF ARMAN OLD BAY-DELTA/ CAL-FED IN THE CALIFORNIA EMPIRE TERRITORY WITH AN ESTIMATED VALUE OF 365 BILLION DOLLARS 4 A statement according to the best knowledge information and belief of the plaintiff of the location of the property SHASTA COUNTY CALIFORNIA 5 A statement that the property has not been taken for a tax assessment or fine pursuant to a statute or seized under an execution against the property of the plaintiff or if so seized that it is by statute exempt from such seizure THERE IS NO SEIZURE ON THE PROPERTY FOR A TAX ASSESSMENT OR FINE THE PROPERTY IS BY STATUTE EXEMPT FROM SUCH SEIZURE c The requirements of subdivision b may be satisfied by one or more affidavits filed with the application 512020 a Except as otherwise provided in this section no writ shall be issued under this chapter except after a hearing on a noticed motion b A writ of possession may be issued ex parte pursuant to this subdivision if probable cause appears that any of the following conditions exists: 1 The defendant gained possession of the property by feloniously taking the property from the plaintiff TRUE! iii The ex parte issuance of a writ of possession is necessary to protect the property TRUE! 512070 If a writ of possession is issued the court may also issue an order directing the defendant to transfer possession of the property to the plaintiff Such order shall contain a notice to the defendant that failure to turn over possession of such property to plaintiff may subject the defendant to being held in contempt of court 512080 The writ of possession shall meet all of the following requirements: a Be directed to the levying officer within whose jurisdiction the property is located b Describe the specific property to be seized c Specify any private place that may be entered to take possession of the property or some part of it d Direct the levying officer to levy on the property pursuant to Section 514 010 if found and to retain it in custody until released or sold pursuant to Section 514030 e Inform the defendant of the right to object to the plaintiff’s undertaking a copy of which shall be attached to the writ or to obtain redelivery of the property by filing an undertaking as prescribed by Section 515020 Written notice to terminate amp deliver possession August 17 2009 Almost 30 years after Congress instructed the Environmental Protection Agency EPA to require facility owners and operators to set aside funds for the clean-up of property that may be contaminated by hazardous substances a federal court in California has held that the EPA may take additional time to draft and issue the regulations The court held that while Congress required the EPA to issue such regulations it granted the EPA some discretion in when to do so The EPA has stated that it intends to require financial assurance for hardrock mining facilities first and will also assess the need to regulate hazardous waste generators hazardous waste recyclers metal finishers wood treatment facilities and chemical manufacturers The regulations at issue are required under the Comprehensive Environmental Response Compensation and Liability Act 1980 commonly known as ‘Superfund’ Superfund is commonly said to have been motivated by the notorious hazardous waste contamination discovered buried at Love Canal New York Section 108 of Superfund requires the EPA to issue financial assurance requirements for certain types of facility based on the risk of injury from hazardous substances in operations at those facilities Once issued the regulations would require the operator of a covered facility to set aside funds or otherwise make funds available for a possible future clean-up of hazardous substances at the property Without such funds costly clean-ups may force potentially responsible parties into bankruptcy leaving taxpayers with the bill or lengthy litigation may ensue over the allocation of costs The EPA was first required to publish a notice of those classes of facility which presented the highest level of risk of injury by December 11 1980 1 The December 1980 deadline passed without the EPA publishing the required notice The statutory requirement languished until in recent years it received renewed attention The EPA was sued in federal court in 2008 on the theory that it had failed to perform a non-discretionary duty under Superfund The suit was brought under Superfund’s citizen suit provision which allows a private litigant to force non-discretionary agency action In February 2009 the Northern District of California held in Sierra Club v Johnson 2 that the EPA had a mandatory duty to publish classes of facility which presented the greatest risk of injury In July 2009 the EPA published a notice of these classes in the Federal Register pursuant to the court’s order 3 In its notice the agency determined that it would promulgate the first financial assurance requirements for hardrock mining facilities based on the extent of contamination from such facilities and the high costs of clean-up The EPA did not limit its inquiry to hardrock mining the notice also stated that the EPA will examine the need for financial assurance at the following types of facility: hazardous waste generators hazardous waste recyclers metal finishers wood treatment facilities and chemical manufacturers However the Northern District of California held that the EPA is under no set deadline to issue the financial assurance requirements Instead the court held that: although Section 108b requires EPA to promulgate financial responsibility regulations and incrementally impose such requirements Section 108b provides EPA with discretion as to when to promulgate such regulations Unlike the duty to publish notice of classes Section 108b does not include a date-certain deadline for the promulgation of financial responsibility regulations 5 In so doing the court rejected a bright line rule that only duties with date-certain deadlines are non-discretionary for the purpose of citizen suits under Superfund and instead looked to legislative history to help determine whether the EPA’s duty to promulgate regulations by a particular date was non-discretionary To maintain a claim that the EPA has unreasonably delayed its duties under Superfund the court held that plaintiffs may continue to press their claims under the Administrative Procedure Act but must do so in another court The court stated that: plaintiffs may bring an Administrative Procedure Act claim in the Court of Appeals for the DC Circuit alleging EPA unreasonably delayed in promulgating the financial responsibility regulations required under Section 108b Unless and until such a litigation is brought and decided the timeline for financial assurance requirements under Superfund will remain unclear unrecovered past response costs for the EPA’s unnecessary unconstitutional and improper activities EQUITABLE ESTOPPEL EPA raises the stakes Houston Chronicle By MATTHEW TRESAUGUE The EPA has threatened dozens of Texas refiners and chemical and plastic makers with penalties if they don’t begin taking steps to See all stories on this topic » COMPLAINT IN INTERVENTION Case No 104079 Superior Court of California County of Shasta Petitioners request leave of the court to file a complaint in intervention in the above captioned matter where California has maintained a lien for a fine resulting from enforcement of federal discharge standards promulgated under the CWA WE NEED TO KNOW THE LINE ON WHICH TO DRAW THE LIMITS OF STATE POWERS WE WILL DETERMINE EXACTLY HOW TO DO SO HERE! Therefore to “establish certain limits not to be transcended by the government” Given mining’s unique political history as well as the breadth of the authority that the EPA has asserted the Court is obliged to defer not to the agency’s expansive construction of the statute or to Congress’ inconsistent judgment but to prior rights and patent title to deny the EPA this power… “Full relief and restore possession to the party entitled thereto a general verdict for plaintiff on a complaint which alleges that the plaintiff is entitled to the possession of certain described property which is unlawfully detained by the defendant and the possession of which the plaintiff prays to recover is held by the United States Supreme Court to be sufficient” Here in strictness the people surrender nothing and as they retain every thing they have no need of particular reservations WE THE PEOPLE of the United States to secure the blessings of liberty to ourselves and our posterity do ORDAIN and ESTABLISH this Constitution for the United States of America Here is a better recognition of popular rights than volumes of those aphorisms which make the principal figure in several of our State bills of rights and which would sound much better in a treatise of ethics than in a constitution of government “ It is not material whether the Libel be true or whether the party against whom the Libel is made be of good or ill fame for in a settled state of Government the party grieved ought to complain for every injury done him in an ordinary course of Law and not by any means to revenge himself either by the odious course of libeling or otherwise: He who kills a man with his sword in fight is a great offender but he is a greater offender who poisons another for in the one case he who is the party assaulted may defend himself and knows his adversary and may endeavour to prevent it: But poisoning may be done so secret that none can defend himself against it for which cause the offence is the more grievous because the offender cannot easily be known And of such nature is libeling it is secret and robs a man of his good name which ought to be more precious to him than his life amp difficillimum est invenire authorem infamatoriae scripturae because that when the offender is known he ought to be severely punished Every infamous libel aut est in scriptis aut sine scriptis a scandalous libel in scriptis when an epigram rhyme or other writing is composed or published to the scandal or contumely of another by which his fame and dignity may be prejudiced And such libel may be published 1 Verbis aut cantilenis: As where it is maliciously repeated or sung in the presence of others 2 Traditione 7 when the libel or copy of it is delivered over to scandalize the party Famosus libellus sine scriptis 8 may be 1 Picturis as to paint the party in any shameful and ignominious manner 2 Signis as to fix a Gallows or other reproachful and ignominious signs at the parties door or elsewhere That if anyone finds a Libel and would keep himself out of danger if it be composed against a private man the finder either may burn it or presently deliver it to a Magistrate: But if it concerns a Magistrate or other public person the finder of it ought presently to deliver it to a Magistrate to the Intent that by examination and industry the Author may be found out and punished And libelling and calumniation is an offence against the Law of God For Leviticus 17 Non facias calumniam proximo Exod 22 ver 28 Principi populi tui non maledices Ecclesiastes 10 In cogitatione |
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See our Days of Action in Washington DC |
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Washington State Walmart evacuated due to threat |
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