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Agreed, piano2 --- the lack of almost ANY details in this, and many other recent, ADN articles is frustrating and maddening. Where has the actual journalism and good old-fashioned REPORTING gone? These vague and highly incomplete 'stories', which are little if anything more than press releases from the police, have sadly become the norm here.
The next thing you know, we'll be getting such one-line 'stories' as "Man Shot" or "Accident on Glenn Highway", with nothing following. | 0 | en |
10 gallons? To be distributed over what size of an area over what period of time? (All the pesticides could be spayed in just one day and still meet the apparent quote of the bill you provided).
Lots of stuff is associated with cancer. Mostly just being alive is the biggest reason people get cancer. Perhaps your cancer fears might be better directed at Fukushima being carried by Blue-Fin tuna. Or perhaps the radiation from the cell phone you hold up to your ear.
This debate has become so filled with emotion on both sides, it is impossible to get a realistic assessment of the problem, especially since it isn't just one problem but dozens times dozens of them.
To show how diverse the reasoning behind consumer choices: I bought an organic cabbage at Safeway yesterday (St. Pat!) paid 2x per lb, but only because I didn't want that big honkin' thing that wouldn't fit in my crock pot. I needed it "right sized"! | 0 | en |
You just proved you dont live here | 0 | fr |
imo. My Own Prison was their grunge era, Human Clay was their hard rock era, Weathered was their soft/alternative metal era, and now Full Circle is a mix of all 3.
But DAMN this is gonna be a hit | 0 | en |
Bonjour, 184.162.213.19, et bienvenue sur Wikipédia, l’encyclopédie libre et gratuite. La page que vous avez créée vient d être supprimée par l administrateur Orlodrim avec le commentaire « Ne répond pas aux critères d admissibilité de Wikipédia : Le contenu était « Empyre Le groupe Empyre est un groupe de Black Métal Apocalyptique Québecois formé de Morghul a la batterie, Bulgarath ... » et l unique contributeur en était [[Spécial:Contributions/184.162.213.1 ». Afin que toutes les informations contenues dans l’encyclopédie soient pertinentes, vérifiables et présentables avec neutralité, Wikipédia ne doit contenir que des articles qui peuvent être intégralement basés sur des sources indépendantes et suffisamment réputées. Un artiste, une association, une entreprise, un produit, etc. doit donc avoir acquis une certaine notoriété avant qu’un article de Wikipédia puisse lui être consacré. Si c est le cas, préparez les liens adéquats (publications académiques, articles longs et détaillés parus dans la presse de référence) et déposez une requête sur « demande de restauration de page ». Ne recréez pas cette page vous-même. Si vous tentez de la recréer, elle sera automatiquement blanchie par Salebot. (bot de maintenance) | 0 | fr |
🎬 Videoclipe do MC DKZIN FEAT DJ RD SAN
🎺 BAILE MEXICANO💃🏻
📲💻Acessa o link Do canal do YouTube
▶Lancinho Lança 🔔ative o sininho 📌
👍🏼 Da um like 😍 💬 comenta também e
🔁 Compartilha com os amigos 🔄
Pra fortalecer o amigo🔝... https://t.co/xnZo9JYtQl | 0 | pt |
3. Multple immigration offences and undeclared income - just you try that and see how it goes. SOme judges really need sacking - now! | 0 | en |
The vast majority of rapes are committed in the home, by someone the victim knows, or by a partner. There are numerous examples of rape culture in this country. (add a link to the everyday sexism project) | 0 | en |
No, they would definitely be disgusted. | 0 | en |
Who chooses who is and is not compatible with a place / society? | 0 | en |
Geee, please explain how they're "syphoning of the nation's wealth from the middle class to the rich". Sounds like an ignorant leftist propaganda to me and little understood my the mouth that says it. Dumb as usual! | 1 | en |
With the Bernie Sanders/Hillary race and contested offices on the Democratic side, I expect better participation than that. As far as your position on lying about party affiliation, I'm more pragmatic than Quixotic; or, maybe I'm just an amoral opportunist. I am Really, Really, unhappy with our tax and spend 'Republican' Commissioners, Faye Stewart and Sid Leiken, though. (Did I mention why I'm voting against them? Don't worry, I will be reiterating my position every time they run for election or re-election for any public office. Commissioner Bozievich will also receive my attention next time I see his name on the ballot, as well. | 0 | en |
wow! an adulteress on 2 fronts! | 1 | en |
That would be the American dream, and it ended about thirty years ago. | 0 | en |
point possibly retarded . | 1 | en |
There are way better people to speak about this then me. But in my opinion one of the major causes is transgenerational and historical trauma. Having an outside culture forced upon your people while at the same time having your culture that has thrived for over 10,000 years being forced away causes damages that take a long long time to heal. We are seeing the effects of this in many of the problems that face our rural area's here in Alaska. | 0 | en |
Apparently you have missed it when numerous other FBS teams have played FCS teams in their non-conference schedules over the past many years......including Colorado against Idaho State last year. Were you complaining then? UNC and Idaho State are in the same conference.
Montana (also in that conference) played Washington last week. Colorado State played Abilene Christian last weekend (also an FCS team). Did you gripe about that too? UNC was supposed to play at Florida last week. Did you even know that?
Here.....educate yourself. This is a link showing all FBS vs. FCS games for this year. You'll see that CU is hardly alone.....
https://herosports.com/fcs-football/every-fcs-vs-fbs-matchup-in-the-2017-college-football-season-byby
You need to admit 2 things, and I'll have more respect for you....1) just admit that you hate CU...which is your right, and 2) admit that you don't know squat about college football....other than the fact that you hate CU. | 0 | en |
Eventually the truth comes out " most are there because of incidents involving alcohol." Alcohol is the problem, not the criminal justice system itself! | 0 | en |
https://youtu.be/ZiEAVIf7L0M SEE THIS ..WHAT FLOURIDE IS REALLY DOING TO US. | 0 | de |
13. You would, colonizer! | 0 | en |
There are ways to support a family with one income. It requires getting an education and a good job. Because people choose to live above their means does not make it my responsibility to pay for their day care through taxes | 0 | en |
Of course no one responds when I say that since they're too scared to show themselves. | 0 | en |
Fat chance. The people who should be running the criminal investigation have been bought and paid for. | 0 | en |
Just read that pothead is having a meeting
with Biden and Dion thinks Canada will hang
sanctions on D. Trump to bring Trump around
to potheads way of thinking. HA! Ha! HAAAAAA!
Dion will in the first 30 seconds be looking for
a shoulder to cry on as he swells up with tears,
then Trump will chew pothead up and spit
him into the gutter where he came from.
HA!HA! HAAAAAAAA! | 0 | en |
Perhaps you might read what I wrote more closely to better understand I meant that there are good things people can speak up for. Your rhetoric makes it sound like is we are closer than ever to becoming a Country of warring tribes, each with their own agenda, not unlike so many Middle East Country's. | 0 | en |
1. Its so funny woman just throw hands and turn their back like their invincible. | 0 | en |
As we say down here in Melbourne OZ. ''The toes that you tread on today maybe attached to the legs that are attached to the arse you may need to kiss tomorrow'' | 1 | en |
Who do I speak to in the firm about the culture of rape that is probably rampant in this office? | 0 | en |
Somebody should write it on the slipknot meaning cause I see everybody going (SIC) all the time (and frankly its annoying) but I dunno what the hell they mean by it. | 0 | en |
I like Hugh's comment. This was the missing piece from the article. The stocks selected are on completely different growth curves so the measure used was almost meaningless. We are long Shopify but we recognize that the price could go up if sales continue to rise at current rates or crash if sales fail to materialize. Also, Shopify is presently losing money so the first question should be can it earn an income in the future. | 0 | en |
Q:
when i put (DateTime) in front of a DataBinder.eval what does that do
when i put (DateTime) in front of a DataBinder.eval what does that do, and what other functions can i put infornt of a databinder??
A:
It will just cast the object returned by the .Eval method, to the DateTime type. If casting is impossible, an InvalidCastException will be thrown. Regarding functions that you can put in front of DataBinder.Eval, you can put pretty much anything. However, the majority of this won't work.
| 0 | en |
An fb friend puts it well "I just hope the Trump, Bernie, third-party and non-voters are happy now. People you know — maybe even you — will die because of this. That is not an exaggeration. After moving to Texas, I couldn't get insurance as a self-employed freelancer with a depression diagnosis. Not before Obamacare. It didn't matter that I'd never been hospitalized. One wellbutrin prescription is enough to screw you when it comes to conditions they don't like. With a mother who died of ovarian cancer and a father who died of heart disease, I'm the trifecta of screwed. We all are — except for those ***hole white men and delusional women enablers sitting in Congress who don't deserve to be called human." Pre-ACA I too expected to die early because of no insurance. I've had some thru the ACA, but now perhaps I'll lose it. And yes, I again expect to die early because of no insurance. | 0 | en |
` ==Fair use rationale for Image:Robert Charles Browne.jpg== Thanks for uploading or contributing to Image:Robert Charles Browne.jpg. I notice the image page specifies that the image is being used under fair use but there is no explanation or rationale as to why its use in Wikipedia articles constitutes fair use. In addition to the boilerplate fair use template, you must also write out on the image description page a specific explanation or rationale for why using this image in each article is consistent with fair use. Suggestions on how to do so can be found here. Please go to the image description page and edit it to include a fair use rationale. Using one of the templates at Wikipedia:Fair use rationale guideline is an easy way to ensure that your image is in compliance with Wikipedia policy, but remember that you must complete the template. Do not simply insert a blank template on an image page. If you have uploaded other fair use media, consider checking that you have specified the fair use rationale on those pages too. You can find a list of 'image' pages you have edited by clicking on the ```` link (it is located at the very top of any Wikipedia page when you are logged in), and then selecting ``Image`` from the dropdown box. Note that any non-free media lacking such an explanation will be deleted one week after they have been uploaded, as described on criteria for speedy deletion. If you have any questions please ask them at the Media copyright questions page. Thank you. ` | 0 | en |
Sessions changed his 'story' on meeting with the Russians again.
Now he says the discussions 'maybe did' include Trump's campaign.
http://www.motherjones.com/politics/2017/10/jeff-sessions-again-changes-his-story-on-meetings-with-russian-ambassador/
The Putin/Trump collusion is becoming clearer each day. | 0 | en |
2019 is still a long way to go and if I was ANC, I could a short cut by removing their president, cleanse themselves of corruption ,and prepare afresh for General elections. | 0 | en |
If KJU blasted Portland, Trump would be blamed for that too. He should ignore the haters and take advise only from his generals. | 0 | en |
I guess that reminds you off the Tea Party. | 0 | en |
@As_TomasRoncero... Roncerdo acabes como acabes, terminarás en un psiquiátrico subnormal, forofo barato, preocupate de tu Real Mandril.. | 1 | es |
Besides the comments below, don't you remember a few years ago when Colorado's NE counties wanted to secede from from the state, and create their own new conservative state? Angry white conservatives.
http://www.denverpost.com/2013/11/05/51st-state-question-answered-no-in-6-of-11-counties-contemplating-secession/ | 0 | en |
Who do single moms who weigh 300 pounds, who eat pizza as an hored'ouvre and put ice cream in their coffee blame when their kids eat a poor diet. Or would mom even notice? | 0 | en |
Apparently your masters--the conservative Heritage Foundation and past Republican presidential candidate Mitt Romney--think the same of you. | 0 | en |
281 F.3d 1324
AGG ENTERPRISES, Oregon corporation, Plaintiff-Appellee,United States of America, Intervenor,v.WASHINGTON COUNTY; City of Beaverton, Defendants,Pride Disposal Co.; Swatco Sanitary Service Inc.; United Disposal Service Inc.; Hillsboro Garbage Disposal Inc.; Washington County Drop Box Service Inc.; West Beaverton Sanitary Service Inc., Intervenors, andOregon Refuse & Recycling Association, Defendant-Intervenor-Appellant.AGG Enterprises, Oregon corporation, Plaintiff-Appellee,v.Washington County; City of Beaverton, Defendants,Pride Disposal Co.; Swatco Sanitary Service Inc.; United Disposal Service Inc.; Hillsboro Garbage Disposal Inc.; Washington County Drop Box Service Inc.; West Beaverton Sanitary Service Inc.; Aloha Garbage & Recycling Inc.; Don's Garbage Service; Garbarino Disposal & Recycling Service Inc., Intervenors-Appellants,Oregon Refuse & Recycling Association, Defendant-Intervenor.AGG Enterprises, Oregon corporation, Plaintiff-Appellee,United States of America, Intervenor,v.Washington County, Defendant-Appellant, andCity of Beaverton, Defendant,Pride Disposal Co.; Swatco Sanitary Service Inc.; United Disposal Service Inc.; Hillsboro Garbage Disposal Inc.; Washington County Drop Box Service Inc.; West Beaverton Sanitary Service Inc.; Aloha Garbage & Recycling Inc.; Don's Garbage Service; Garbarino Disposal & Recycling Service Inc., Intervenors,Oregon Refuse & Recycling Association, Defendant-Intervenor.AGG Enterprises, Oregon corporation, Plaintiff-Appellee,v.Washington County, Defendant,Oregon Refuse & Recycling Association, Defendant-Intervenor.Pride Disposal Co.; Swatco Sanitary Service Inc.; United Disposal Service Inc.; Hillsboro Garbage Disposal Inc.; Washington County Drop Box Service Inc.; West Beaverton Sanitary Service Inc.; Aloha Garbage & Recycling Inc.; Don's Garbage Service; Garbarino Disposal & Recycling Service Inc., Intervenors,andCity Of Beaverton, Defendant-Appellant.
No. 00-35449.
No. 00-35511.
No. 00-35509.
No. 00-35510.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted November 5, 2001.
Filed March 12, 2002.
Dan R. Olsen, Washington County Counsel, Hillsboro, OR, and Williams J. Scheiderich, City Attorney's Office, Beaverton, OR, for the defendants-appellants.
Barnes H. Ellis, James N. Westwood, Stephen A. Redshaw, Stoel Rives LLP, G. Frank Hammond, Cable Huston Benedict Haagensen & Lloyd LLP, Edward J. Sullivan, James R. Herald, Preston Gates & Ellis LLP, Portland, OR, for intervenors-appellants and defendant-intervenor-appellant.
Lawrence R. Davidson, Jeffrey M. Batchelor and Paul Bierly, Markowitz, Herbold, Glade & Mehlhaf, P.C., Portland, OR, for plaintiff-appellee.
Mark B. Stern, Dana J. Martin, Department of Justice Civil Division, Washington, DC, for intervenor.
Jay W. Beattie, Lindsay, Hart, Neil & Weigler, LLP, Portland, OR, John Douglas Moore, Henn, Etzel and Moore, Inc., Oakland, CA, Robert B. Rocklin, Assistant Attorney General, Salem, OR, Scott M. DuBoff, Wright & Talisman, P.C., Washington, DC, Richard E. Norris, Mark S. Coon, and John L. Kortum, Archer Norris, Richmond, CA, Vicki W.W. Lai, Yarmuth Wilsdon Calfo PLLC, Seattle, WA, John Kelly Astor, Astor & Phillips, John J. Welsh, Burke, Williams & Sorenen, LLP, Los Angeles, CA, James K. Sells, Silverdale, WA, Todd E. Thompson, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, San Francisco, CA, for amici curiae.
Appeal from the United States District Court for the District of Oregon; Garr M. King, District Judge, Presiding.
Before HUG, T.G. NELSON and GOULD, Circuit Judges.
OPINION
GOULD, Circuit Judge.
OVERVIEW
1
Defendants-Appellants City of Beaverton and Washington County, Oregon appeal the district court's entry of a permanent injunction preventing them from enforcing their trash-hauling regulations against plaintiff-appellee AGG Enterprises ("AGG"). AGG collects and disposes of loads of construction materials-mixed solid waste containing part recyclables and part non-recyclables — from its nonresidential customers. Defendants consider mixed solid waste the same as regular garbage or refuse, and they want AGG to be subject to their trash-hauling regulations.
2
AGG sued defendants for injunctive relief from those regulations in the district court, claiming that local trash-hauling regulations were preempted by a provision in the Federal Aviation Administration Authorizing Act of 1994 ("FAAAA"), 49 U.S.C. § 14501(c), that preempted state regulation of motor carriers transporting property. The district court granted a permanent injunction.
3
Defendants claim that the district court erred because Congress did not intend for mixed solid waste to be considered "property," and therefore the local regulations are not preempted. We agree, reverse the district court, and vacate the permanent injunction.
FACTUAL BACKGROUND
4
Plaintiff-appellee AGG Enterprises, Inc. ("AGG") is a waste removal service with operations in Oregon, Idaho, and Washington. AGG contracts with customers at commercial, industrial, and construction sites to collect materials such as brick, glass, tile, concrete, wood, cardboard, plastic, and metal. AGG's intra-Oregon services are at issue.
5
AGG handles two types of trash loads: recyclables presorted by customers ("source sorted"), and unsorted loads of non-recyclable, dry garbage mixed with recyclables ("mixed solid waste" or "MSW"). Only the MSW loads are at issue.
6
After AGG picks up the MSW loads from its customers, it delivers the loads to East County Recycling ("ECR"), a material recovery facility. ECR separates recyclables, recycles them, and hauls non-recyclables to a landfill. Neither AGG nor any AGG customer receives a rebate for the recyclable portion of a mixed solid waste load. According to AGG, customers with high labor costs find it cost-effective to have AGG pick up their mixed solid waste loads rather than to sort the recyclables themselves. AGG claims that the government-licensed trash haulers available to these customers will not take MSW to a recycling center such as ECR. AGG suggests that these customers rely on AGG to meet recycling commitments.
7
AGG does not know exactly how much of a customer's load is recyclable. AGG brings almost all its loads to ECR. ECR collects 60,000 tons of MSW per year, and claims that it recycles 50% to 60% of that. The owner of ECR stated that "he played with the numbers" one time to try to take into account the concrete and asphalt recycling from the MSW, and that brought the recycling rate up to 80% to 90%. Under the most extreme view, on average at least 10% to 20% of each load is garbage that is not recyclable.
8
Defendants-appellants Washington County and City of Beaverton ("Beaverton") regulate trash collection through the use of exclusive franchises. Both issue licenses or certificates granting exclusive authority to collect waste in one of 35 geographical areas. Under both systems, the exclusive franchisee provides residential and commercial collection. Neither defendant regulates source sorted recyclables. Businesses and persons may haul waste they generate, without a license or certificate.
9
AGG does not hold an exclusive license. As a result, Beaverton cited AGG for unauthorized collection of solid waste, a violation with a maximum fine of $250. AGG then applied for a license from the City of Beaverton. After Beaverton informed AGG it would not take further action on AGG's licensing application, AGG brought suit for injunctive relief in the district court.1
10
The district court found that plaintiff was a "motor carrier" transporting "property" and that the Federal Aviation administration Authorizing Act of 1994 ("FAAAA") preempted the defendants' exclusive licensing schemes. The district court granted plaintiff the permanent injunction, and defendants and intervenors appealed.2
DISCUSSION
I. Standard of Review
11
We review de novo the district court's decision regarding preemption. See Nathan Kimmel, Inc. v. DowElanco, 275 F.3d 1199, 1203 (9th Cir.2002). We review de novo the district court's interpretation and construction of the FAAAA. See Rowe v. Laidlaw Transit, Inc., 244 F.3d 1115, 1117 (9th Cir.2001).
II. Language of the Statute
12
Under the Supremacy Clause of the Constitution, federal law is the "supreme Law of the Land." U.S. Const. art. VI. Federal law overrides any conflicting state or local law. See Pacific Gas and Electric Co. v. State Energy Resources Conservation & Development Commission, 461 U.S. 190, 204, 103 S.Ct. 1713, 75 L.Ed.2d 752 (1983). Federal preemption "may be either express or implied, and `is compelled whether Congress' command is explicitly stated in the statute's language or implicitly contained in its structure and purpose.'" Branco v. UFCW Northern-California Employers Joint Pension Plan, No. 00-15884, 2002 WL 200910, at *2 (9th Cir. Feb.11, 2002) (quoting Jones v. Rath Packing Co., 430 U.S. 519, 525, 97 S.Ct. 1305, 51 L.Ed.2d 604 (1977)). We must decide whether the FAAAA preempts local entities from regulating the collection of MSW loads.
13
Preemption analysis begins with the "presumption that Congress does not intend to supplant state law." New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Ins. Co., 514 U.S. 645, 654, 115 S.Ct. 1671, 131 L.Ed.2d 695 (1995). Also, "in cases ... where federal law is said to bar state action in fields of traditional state regulation, we have worked on the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress." Id. at 655, 115 S.Ct. 1671 (internal citations omitted). Although Congress clearly intended the FAAAA to preempt some state regulations, we consider this "presumption against the pre-emption of state police power regulations" when we analyze the scope of the preemption. Medtronic, Inc. v. Lohr, 518 U.S. 470, 485, 116 S.Ct. 2240, 135 L.Ed.2d 700 (1996).
14
Congress has recognized that waste hauling is a traditional state and local function subject to state regulation. See 42 U.S.C. § 6901(a)(4) (stating that "the collection and disposal of solid waste should continue to be primarily the function of State, Regional and local agencies"). Our precedent has recognized the strong local governmental interest in regulating garbage collection. Kleenwell Biohazard Waste and General Ecology Consultants, Inc. v. Nelson, 48 F.3d 391, 398 (9th Cir.1995). One could hardly imagine an area of regulation that has been considered to be more intrinsically local in nature than collection of garbage and refuse, upon which may rest the health, safety, and aesthetic well-being of the community. See generally California Reduction Co. v. Sanitary Reduction Works of San Francisco, 199 U.S. 306, 318, 26 S.Ct. 100, 50 L.Ed. 204 (1905); Kleenwell, 48 F.3d at 398. The historic responsibility of local governments to ensure safe and comprehensive garbage collection posts a strong caution against the possibility that Congress lightly would preempt local regulation in this field.
15
Our inquiry under Blue Cross, and in light of this cautionary history, is whether it was the "clear and manifest" intention of Congress to preempt local regulation of the collection of loads containing part recyclable materials and part non-recyclables. 514 U.S. at 655, 115 S.Ct. 1671.
16
We previously have held that the FAAAA's preemption of regulation of the collection of mixed solid waste is not "readily apparent." See Woodfeathers, Inc. v. Washington County, Oregon, 180 F.3d 1017, 1022 (9th Cir.1999). Woodfeathers was a case about Younger abstention, and when we held that preemption was not "readily apparent," we were deciding only that FAAAA preemption of MSW regulation was an unsettled issue. See id. at 1021-22. We pick up now where we left off in Woodfeathers to decide the issue we there stated was undecided.
17
To determine Congress' intent on preemption, we begin with the "text of the provision in question, and move on, as need be, to the structure and purpose of the Act in which it occurs." Blue Cross, 514 U.S. at 655, 115 S.Ct. 1671. Section 601(c) of the FAAAA provides:
18
(c) Motor carriers of property. —
19
(1) General Rule. — Except as provided in paragraphs (2) and (3), a State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier ... or any motor private carrier, broker, or freight forwarder with respect to the transportation of property.
20
49 U.S.C. § 14501(c). "Property" is the operative word for Our analysis, but Congress did not define the term. Nor is the meaning of "property" perfectly clear from the context of the statute. So, to interpret this statute in accord with Congress' intent, it is appropriate that we look beyond the text of the statute to determine Congress' purpose in enacting this statute.
III. Legislative History
21
Legislative history shows that the major purpose of the FAAAA preemption clause was to "level the playing field between air carriers on the one hand and motor carriers on the other with respect to intrastate economic trucking regulation...." H.R. Conf. Rep. No. 103-677, at 82 (1994), reprinted in 1994 U.S.C.C.A.N. 1715, 1754. Congress was concerned that package delivery companies organized as "motor carriers," such as UPS, were subject to state regulation, whereas companies organized as "air carriers," such as Federal Express, were free from state regulation. See id. Although this shows Congress had an intent different than preempting state regulation of solid waste collection, it does not settle the issue, because Congress may have had more than one purpose.
22
Other legislative history gives insight into the intent of Congress on the scope of preemption and regulation of solid waste collection:
23
The conferees further clarify that the motor carrier preemption provision does not preempt State regulation of garbage and refuse collectors. The managers have been informed by the Department of Transportation that under ICC case law, garbage and refuse are not considered `property.' Thus garbage collectors are not considered `motor carriers of property' and are thus unaffected by this provision.
24
H.R. Conf. Rep. No. 103-677, at 85 (1994), reprinted in 1994 U.S.C.C.A.N. 1715, 1757. We said in dicta in Woodfeathers that the force of this piece of legislative history was debatable because the Interstate Commerce Commission ("ICC") case law, which Congress was told did not consider garbage and refuse "property," is equivocal as to whether it could be "property" or not. 180 F.3d at 1022. However, it is irrelevant in our present analysis whether or not ICC case law is equivocal. We are not concerned with what ICC case law says, but with what Congress intended in its statute and at most with what Congress thought ICC case law said. That is what shows us whether Congress had a "clear and manifest" intent to preempt state regulation of the collection of MSW loads. This legislative history is important, because it shows that if Congress exhibited any clear intent, it was an intent not to preempt state and local regulation of solid waste collectors. Even if Congress was misinformed as to what ICC case law held, it believed that the statute it was passing would not affect local regulation of garbage and refuse collection.
25
AGG offers no other contrary legislative history to show an intent by Congress to preempt local waste collection laws.3 Instead, AGG claims that the legislative history does not hurt its case. AGG argues that ICC case law considers MSW loads "property," and that therefore MSW is not "garbage and refuse," and is unaffected by the legislative history.
26
We decline AGG's invitation delicately to parse the holdings of several ICC cases in combination. As stated above, we need not scrutinize ICC case law. About 40% to 50% of the MSW loads taken by AGG is non-recyclable garbage and must be taken to a landfill. Even under the highest proposed recycle rate, when the recycling center "played with the numbers," an average of 10% to 20% of the MSW load was non-recyclable. So it is undebatable that at least ten to twenty percent of everything AGG collects, thousands of tons, is "garbage and refuse." This is a lot of garbage, and we cannot accept the argument that Congress precluded local government entities from regulating its collection. Absent a "clear and manifest" purpose, if not an explicit instruction, from Congress, we decline to divest states and local governments of this area of regulation, crucial to health and safety. To the contrary, Congress' intent not to preempt the area of solid waste collection is unambiguous.
27
Our decision is consistent with a persuasive decision of the California Court of Appeal that parallels this case. See Pleasant Hill Bayshore Disposal, Inc. v. Chip-It Recycling, Inc., 91 Cal.App.4th 678, 110 Cal.Rptr.2d 708, 714 (2001). That court ruled that the FAAAA does not preempt local regulation of the collection of MSW loads. We agree with that court that "[i]t verges on the inconceivable that Congress had such an intent. There is nothing in the language or legislative history of [§ 601(c) of the FAAAA] giving the least credence to [the MSW hauler's] claim that Congress intended to make itself the sole authority in a field where local authority has been traditionally accepted as preeminent." Id. at 717.
28
We conclude that Congress did not show a "clear and manifest" intent to end state and local regulation of garbage and refuse collection merely because the load includes some recyclable material. That the load includes a significant amount of garbage is sufficient to permit local regulation.4
CONCLUSION
29
We hold that the FAAAA does not preempt local regulation of the collection of mixed solid waste. We reverse the district court's decision, vacate the permanent injunction, and remand for further proceedings consistent with this opinion.
30
REVERSED, VACATED, and REMANDED.
Notes:
1
Several hauling companies with exclusive licenses from Beaverton and Washington County intervened on the side of the defendants
2
The United States of America intervened as of right on appeal to defend the FAAAA against a claim by defendants that the FAAAA, if preemptive of trash-hauling regulation, violates the Commerce Clause. We do not reach that issue in view of our conclusion below that the FAAAA did not preempt the power of local jurisdictions to regulate garbage collection
3
AGG presents a few comments from members of Congress on a failed technical corrections billSee, e.g., 140 Cong. Rec. E1830-02 (daily ed. Sept. 12, 1994) (statement of Rep. Cantwell). The comments declare that curbside recycling should be considered the same as garbage and refuse, in that the FAAAA should have no preemptive effect on such regulation. AGG tries to parlay these comments to show that while curbside recycling was meant to be the same as garbage and refuse, MSW should be considered "property." We do not subscribe to AGG's interpretation for whatever weight these post-enactment comments might be worth.
4
We express no opinion whether Congress intended to preempt regulation of source separated recyclables
| 1 | en |
Great......a new sitcom
The Archie Bunker and Meathead Show. | 0 | en |
acabou as ferias do meu primo e ele ta indo embora e eu to bem triste! | 0 | pt |
Obviously written in an office in Toronto. Everyone is sick of Christy Clark and her mediocre cabinet. Going all in on natural gas was folly from the outset because we were so far behind others like Australia. The Lower Mainland is a transportation gong show and the Liberals are most to blame. The ridiculous plan to build a new Deas Island bridge that is too big, too expensive and will flood the Oak and Knight Street bridges is more idiocy. No! We need to vote her out, or at least move to a minority gov't where the NDP and Greens can bring change. We really need a whole new party. | 0 | en |
Hello Ed,
I think maybe you missed it - my post was actually satire.
My comment at the end, "sarcasm off", means that everything before that sentence was sarcasm (sarcasm switch was "on"). | 0 | en |
Ma che cazzo fai Simo?? Scusa in base a cosa per te è enciclopedica??Allora metto anche i carabinieri di Canicattì!79.46.21. | 1 | it |
Our Fish our Future
Fish Habitat Partnership
https://nfhp.maps.arcgis.com/apps/Cascade/index.html?appid=1805d7f3fc75494b9c71fbdbd9b880c4 | 0 | en |
You were obviously were referring to a specific article. Not going to guess which one might apply. Finally the articles that came up indicated polio like. | 0 | en |
To all those who served our countries and especially to those who gave the ultimate sacrifice,
I will never watch, buy a ticket to, or even look another sports game of any kind until these sad sack motherf"ers stand up and apologise to you and acknowledge the flag that gave them the life they enjoy.
At your sacrifice.
It is f'in time we shame these leftist motherf'ers once and for all.
My solemn promise..... | 0 | en |
Once again Wynne plans to buy her way back into power by bribing people with our own money.
Really? If she was such a good leader then she wouldn't have let rates get to where they are in the first place. We have the highest hydro rates in North America because of Liberal incompetence and corruption.
Don't fall for it, Ontario. Punt this gang of criminals to the curb no matter what they say. | 0 | en |
4. I don't adhere to any Semite religion, including Christianity, but thanks. | 0 | en |
Doctors are far less geographically mobile than many other high income earners given the time required to establish a practice and licensing issues. As such, the threat of leaving the country is much less credible than for, say, a higher earning financier or entrepreneur. If the top tax bracket is too high (I think it is), it should be an issue that all high earners grapple with together.
If doctors don't make enough money, argue for a raise rather than side perks like the tax-free accumulation of savings and income sprinkling.
As to the risk involved in being a doctor -- this is fairly low. Demand is insensitive to the economic cycle, the supply of doctors is artificially restricted by the government and we as patients have little transparency into the merits of one doctor vs another
It seems like a stretch to describe many doctors as businesses when they exclusively bill one payer -- the government. Tax regulations normally prohibit people from incorporating when in this situation | 0 | en |
Poster Boy straight outta Chugiak! | 0 | en |
Effects of rank and novel females on behaviour and hormones in male talapoin monkeys.
Two social groups of captive talapoin monkeys (Miopithecus talapoin), each with three intact adult males and three or four ovariectomized, estrogen-treated adult females, were observed. Socio-sexual and aggressive interactions were recorded, and levels of testosterone, cortisol, and prolactin were measured in male serum. Cortisol and prolactin titers did not reflect male rank, nor did changes in one of these hormones parallel changes in the other. In both groups males formed a linear dominance hierarchy, defined in terms of the direction of aggression among animals. Highest male rank was associated with frequent socio-sexual interaction and elevated testosterone levels, even in the absence of ejaculations. Males in one group copulated with females, but no male in the other group copulated. All males of each group were then housed with all females of the other group which resulted in marked changes in males' behaviour; socio-sexual interactions increased in C group males and decreased in B group males. This illustrates the influence that females may have on male behaviour in general, and in particular outlines the potential for female dominance and the consequences this may have especially on reproductive behaviour. | 0 | en |
==If it's against the US or Jews, it's biased==
English wiki, get used to it.
-G | 0 | en |
i'll have to read the compact. could you kindly post a link? thank you. | 0 | en |
PeterL, I agree with you about 'constantly changing and adapting'. We always need to look critically at ourselves to see if we are making positive or negative contributions to society as a whole. I agree, however, with Marc Frick in that there are definitely nations/cultures who have completely morally unacceptable practices and therefore could not be considered 'no worse' than 'our own' culture. But maybe there is also a midway point on this issue because we need to define what is 'tradition' and what is 'practiced' because without a doubt the so-called 'civilised' west is behaving (and I'm generalising here) completely immorally. Here I refer to the 'practice' of waging war on any country that doesn't do it's bidding. But I don't define that as 'tradition'. For example, it is tradition in some African cultures to mutilate women's genitals. It is simply reprehensible and could never be justified. Maybe war is 'tradition' though in which case maybe Mark is correct? | 0 | en |
‘Gönlünde Allah'ı bulana aşk olsun.’ Hayırlı sabahlar☘️ | 0 | tr |
Thank you so much for sharing such and inspiring article. While fighting with diseases like cancer, it is very important to be motivated first of all. People need to help and give courage to cancer patients so that they can defeat this disease and live their lives happily and safe. Now-a-days, due to the advancement in the new technology the treatment of the cancer patients like chemotherapy, Radiation therapy Bronx( http://www.advancedradiationcenters.com/ ), hormone therapy, immunotherapy, surgery, etc. has become more reliable and effective for all. One must always support the people and would try to help them in anyway they can so that their battle with cancer can be successful and they can live life happily. | 0 | en |
What a stupid name for a stupid Wikipedia editor like you dickhead. | 1 | en |
I read the article. I looked at his bio on Wiki. Stokely Carmichael, Che Guevara's buddy co-authored one of his books.
After the 60's and Vietnam peace and civil rights activities were done, he became a professional anti-Zionist. It sold.
True Believers don't sway me much. It's too much trouble to back-research their opinions to determine actual facts. | 0 | en |
@user pqp any #mpn #nowunited #uniters | 0 | en |
, 12 April 2007 (UTC) :Tabloids can be accurate sources - sometimes. Occasionally. Rarely, even. Show us a link! Our local paper usually picks up on absurd British stories, but I haven't heard of this one over here in AU. 02:00 | 0 | en |
No comment at this time. | 0 | en |
Obviously, Dickie didn't get a moose this year. Gawd forbid that he's married and has kids. | 0 | en |
Somebody should alert the activists that there is even a bigger prize to be had in Ontario. There is a small town in northern Ontario that has managed to fly under the radar all these years. It's name "Swastika ". Try going to this town and telling them they have to chnage their name. Should be a lot of fun. | 0 | en |
" . . . dooms you to the continue to wallow in the depths of the virulent bilge that keeps sucking the church to the bottom."? Overwrought. And your use of "bilge" shows you've never seen it, never had a boat. Or a Church. | 0 | en |
Did Ms Freeland get "Live with Kelly and Ryan" to approve her speech beforehand, in true JT fashion. LOL! | 0 | en |
What is your point in defending illegal immigrants here? You seemed to have convinced yourself these people are the saviours of the local economies.
You are mixing up what you think is a hatred for Mexicans with proper response to a crime. Most reasonable people don't associate them with drugs/crime, that's your angle. They know what they are doing is illegal, and you know what the motivation is? Money. Just more money.
What is the proper response to people entering the country illegally? Deport them! It's not inhumane. It's a real problem in these communities, and I think it's shameful for you to be an armchair humanitarian from wherever you are. | 0 | en |
Maybe Hortons should concentrate on improving their regular coffee before venturing into the premium-espresso coffee area.
It will be cold day in Hades before I pay four dollars for an espresso. The hipsters will probably fall for it. | 0 | en |
Move to Europe. | 0 | en |
Yes I did, silly elf (choose a better faux name).Republican fisheries' policy was once better than Democratic fisheries' policy. | 1 | en |
Merhaba Kiymetli Devriyeci Muratero Bey, sihhattesin insallah? Devriyecilik cok zor gidiyo olmali, cunku herkesin isi gucu vandalizm yapmak ne de olsa. Ben sana burada hangi saiklerle ilk cumlede yazilmamasi gerektigine karar verdigini sorucaktim. öznesi fiili belli olan net bi cevabi esirgememeni dilerim. Hayirli pazarlar a.nailov (mesaj) | 0 | tr |
Yeah...and next lets remove the dams from the solcuc,the Hoh,lyre river and the dungeness.........oh right. | 0 | en |
:: I note that you have thrice introduced the contested material on the QE page. Please keep in mind the 3 revert rule. I higly suggest a self-revert in order to show good faith. | 0 | en |
Who is minding the minder? Climategate and Wikipedia
http://blogs.news.com.au/heraldsun/andrewbolt/index.php/heraldsun/comments/climategate_how_the_cabal_controlled_wikipedia
One person in the nine-member Realclimate.org team — U.K. scientist and Green Party activist William Connolley — would take on particularly crucial duties.
Connolley took control of all things climate in the most used information source the world has ever known – Wikipedia. Starting in February 2003, ... Connolley set to work on the Wikipedia site. He rewrote Wikipedia’s articles on global warming, on the greenhouse effect, on the instrumental temperature record, on the urban heat island, on climate models, on global cooling. On Feb. 14, he began to erase the Little Ice Age; on Aug.11, the Medieval Warm Period. In October, he turned his attention to the hockey stick graph. He rewrote articles on the politics of global warming and on the scientists who were skeptical of the band. Richard Lindzen and Fred Singer, two of the world’s most distinguished climate scientists, were among his early targets, followed by others that the band especially hated, such as Willie Soon and Sallie Baliunas of the Harvard-Smithsonian Center for Astrophysics, authorities on the Medieval Warm Period.
All told, Connolley created or rewrote 5,428 unique Wikipedia articles. His control over Wikipedia was greater still, however, through the role he obtained at Wikipedia as a website administrator, which allowed him to act with virtual impunity. When Connolley didn’t like the subject of a certain article, he removed it — more than 500 articles of various descriptions disappeared at his hand. When he disapproved of the arguments that others were making, he often had them barred — over 2,000 Wikipedia contributors who ran afoul of him found themselves blocked from making further contributions… In these ways, Connolley turned Wikipedia into the missionary wing of the global warming movement.
Let's see how long this Talk comment lasts! Hey Dr. Bill, we miss you at alt.global-warming. When are you coming back to debate us? Give up this missionyou've been exposed. Your friend, Ray Lopez | 0 | en |
It should be noted that the existing monument provides full protection for monk seals, turtles, most seabirds, deep sea corals and all Hawaiian artifacts.
All the exploration done to this point has shown how pristine that area is. Which means that the current level of fishing activity is doing no harm whatsoever.
The area is a public resource which hundreds of thousands of Hawaii residents depend upon. It should not be taken away by the stroke of a pen, or its fate determined by just a few individuals who aren't considering the full weight of the consequences.
And Hawaiians need to understand that when the Papahanaumokuakea monument was established, their gathering rights were curtailed. To require the consumption of what's caught where it's caught is not customary gathering and sharing. That deprives those who are physically incapable of going there from enjoying the bounty from their own land. It's an unjust mockery of Hawaiian rights. | 0 | en |
Will it possibly be bad for the Priest on his judgement day before God? | 0 | en |
اللهم اجعل بأسهم بينهم شديد | 0 | ar |
2. You are aware that OP is FTM, right...? | 0 | en |
Anal sex practices in heterosexual and male homosexual populations: a review of population-based data.
Anal sex is known to be an important risk factor for anal cancer. Yet compared with vaginal intercourse, little is known about anal sex practices in either heterosexual or male homosexual populations. Of the data that are available, it appears a significant and increasing minority of heterosexuals have ever practised anal intercourse. Among homosexual men, most, but not all, report anal sex, with large proportions of men engaging in both insertive and receptive anal intercourse. The most significant finding of the review was the dearth of population-based data, particularly relating to homosexual men. | 1 | en |
== Around blacks == Never relax! | 1 | en |
In recent years, portable navigation devices (e.g., GPS devices) have become commonplace. GPS technology has now been miniaturized to the point where multi-purpose handheld computing devices (e.g., smart phones) now commonly include GPS receivers. When combined with mapping and route navigation software, these devices provide a convenient way for users to get directions and plan routes. However, such devices are still too large and difficult to handle for many navigation scenarios, such as when the user is running, riding a bicycle, or navigating difficult terrain. In such scenarios, it may be inconvenient or even dangerous to handle and interact with a smart phone in order to check a map or assess progress along an intended route. | 0 | en |
Dan's not into Wrestling anymore
I just thought maybe you guys would like to know that...I'm new, so I don't know how to edit and such, so yeah. I'll figure it out, bit by bit, and then I could help you guys with this article (I'm obsessed with Daniel Radcliffe) | 0 | en |
Todd Wilson Bush, 35, is accused of soliciting a minor for sex via text message. Bush is currently in the Palm Beach County Jail on a $100,000 bond. Bush thought he was texting the mother of a 12-year-old girl. But he was actually chatting with an undercover agent, according to police.
Police began investigating Bush on Dec. 2, when an adult female reported to police that Bush had asked her "to locate a minor child for sex," according to a probable cause affidavit. Detectives asked the woman — who is not named in the report — to text Bush and tell him she had a friend who could hook him up with an underage girl. That friend, in actuality, was a detective with the South Florida Internet Crimes Against Children Task Force.
“Detective Phillips instructed the complainant to text the target (later identified as Todd Wilson Bush) to advise him she had located a friend (Deb) who could arrange the sexual encounter, and to provide him with a contact number.” … “Deb (Detective Philips) advised Bush she was the mother of a 12 year old minor white female and she also had access to a 14 year old white female, both available for paid sex.”
The encounter was supposed to happen on Wednesday in Bush's car behind a strip mall where he and the mother and daughter were supposed to meet, the affidavit said. But on Tuesday, Bush cancelled, saying he had changed his mind. Police subpoenaed phone records to confirm the cell phone was his, and got a search warrant for his cell phone.
Police said they were alerted on Dec. 2 to a report that Todd Wilson Bush, 35, was looking for help in finding a child to have sex with. An undercover agent was contacted by Bush by text message in order to make arrangements to meet for sex, according to the news release.
Police said they were alerted on Dec. 2 to a report that Todd Wilson Bush, 35, was looking for help in finding a child to have sex with. An undercover agent was contacted by Bush by text message in order to make arrangements to meet for sex, according to the news release.
Bush said he was looking for a white girl "under 14" and asked the detective "how much for her to (expletive deleted) and suck," the police report states. The detective told Bush she had a 12-year-old daughter and also had access to a 14-year-old girl, both available for paid sex. According to police, Bush asked if there was a 10-year-old girl available ...
Todd Bush, a 42-year-old former teacher, was charged with human trafficking of a child, obscene communicationn and traveling to meet a minor for sex. Bush was arrested after showing up at an agreed-upon location — a motel on South Orange Blossom Trail — in hopes of having sex with a girl who didn’t exist, officials said. Bush is being held without bond at the Orange County Jail. The "mother" who offered her daughter for sex was really an agent for the Metropolitan Bureau of Investigation, a Central Florida law-enforcement agency. MBI focused on Bush after getting a tip from a ...
Fast forward 8 years, some people are just too retarded to learn. Todd Bush got himself set up in another child sex sting, this time trying to hook up with a 10=year-old girl.
Former Lake Worth High School teacher arrested on child sex charges
A former Lake Worth High School teacher was arrested in Orange County, Florida on Thursday for trying to arrange sex with a 10-year-old girl. According to the Orange County Sheriff's Office, a confidential informant contacted deputies and claimed he/she had information regarding a sexual predator. The informant admitted they were engaging in acts of prostitution and that they had a regular prostitution customer known to them only as "Scott" (later identified as Todd Bush), and that Bush recently told the informant that he was seeking a 10-year-old female for sexual intercourse. The informant told investigators that he/she entertained Todd Bush ...
Former South Florida Teacher Tried to Have Sex With Child While on Probation for Similar Crime: Deputies
A former South Florida teacher on probation for trying to have sex with a young girl was arrested this week – for allegedly trying to do the same thing. NBC affiliate Array reports that Todd Bush was arrested Thursday near Orlando for allegedly trying to set up an agreement to have sex with what he thought was a 10-year-old girl. According to the station, an informant called the Orange County Sheriff’s Office to say that Bush told her he was looking for that arrangement. An undercover deputy, set up as the mother of a child, contacted Bush and he agreed ...
Todd Bush was convicted in 2012 and sentenced to five years in prison after he attempted to set up a sexual encounter with a 12-year-old child. A former Lake Worth High School teacher who is on probation after his 2012 conviction for attempting to arrange sex with a 12-year-old was arrested Thursday in Orlando after he allegedly tried to meet an 11-year old for sex, according to the Orange County Sheriff’s Office. Todd Bush, 42, is being held in the Orange County Jail without bail and is facing charges of child human trafficking, obscene communication and traveling to meet a ... | 1 | en |
Where ?? | 0 | en |
It may be the exact opposite to you ... but that may be because, for example, you put the word communist in front of the doctors, where it doesn't belong.
The communist sector I'm referring to is the part of the economy run by governments, labour unions and their collective employees, where customers are routinely treated as by-products rather than the raison d'etre of the 'system' per se.
It's the communism that Marx didn't anticipate, nor live long enough to experience, understand or write about.. | 0 | en |
What about Vietnam?! Count as a war?
Of course Tchaikovsky is one of the very greatest composers. Putin should be reminded that he Piotr was gay.
I think that "The Five" are all there at the top. Its about time Borodin and Scriabin were more widely appreciated.
And give the Russians huge credit they deserve for stopping Napoleon just as they did with Hitler. We should celebrate 1812 more.
Shame Putin and his greedy Oligarch thugs have no culture and therefore no interest in the wonderful Russian people, which is their culture - only in enriching themselves and funnelling it out to offshore accounts and vulgar baubles. Very like Trump. | 1 | en |
Sadece futbol anlamda değil, karekter anlamda da süper bir kişi ! Çok fakir bir ailenin çocuğu | 0 | tr |
== Victoria Theatre (Halifax) ==
Hi there. I have rewritten the article on the Victoria Theatre (Halifax). I'd be grateful if you would review the article and perhaps this may change your opinion on the AfD! JediLofty ¦ | 0 | en |
I would prefer you to make these changes yourself. do you mind if we try lowering the protection on this article now, or was it your intention to leave it protected permanently? — Martin ( · talk) | 0 | en |
Monopolies never work. Sincerely...A Deplorable. | 0 | en |
I think a poignant venue for looking into this matter is why did Syngenta hire Beth Tokioka in the first place? Was it perhaps they are a large successful company that has the means to hire the best people they feel are best fit for the job? It seems like Beth proved her competence before Syngenta hired her, so they felt it would be a good match support their efforts for public communication to hire a respected local connected resident for their Kauai operations.
Let's face it, there really are not that many good jobs on Kauai. Mrs. Tokioka took a competitive job, and has handled herself well against major public onslaughts to the company she currently works for. It would only serve her well to do an impeccable job on the water commission (recuse herself if/when necessary) to support her current and any other careers she would pursue on Kauai. More power to her, and we all know there will be a concerned group of people keeping track of her honesty. | 0 | en |
شرموطه خالص | 1 | ar |
il parler du prénom et nom bande d'attardé | 1 | fr |
and she'll win because she is throwing our tax dollars at the teacher unions. why is she not in jail for negligence and conflict of interest. | 0 | en |
The march may be a mirage for the likes of Ms Wente (and no doubt Trump and his propaganda flunkies), but the man himself is frighteningly real. | 0 | en |
The most dangerous populism in Canada comes from politicians who campaign on a tax the rich platform. When a politician says "tax the rich" people hear " tax those who are richer than me". Who wouldn't vote for that? The rich, having a small minority of the votes, are defenceless at the ballot box against this shameless theft by consensus. They are left with no choice but to move their wealth off shore.
As other commentators have pointed out, popular doesn't necessarily mean that it's right.
Sadly this type of populism is very much alive and well in Canada. | 0 | en |
3. It's definitely the coolest city in the country. | 0 | en |
Subsets and Splits