text:
Cast: Sean William Scott, Alison Pill
Writers: Jay Baruchel,Evan Goldberg(Screenplay),Adam Frattasio, Doug Smith(Story)
Director: Michael Dowse
0 *'s out of four.
There is a song from Warren Zevon called "Hit Somebody(The Hockey Song)" that tells the story of a goon who would rather be scoring points than busting heads. While watching this movie, I was half hoping to hear it being used because in one section it does use some of the lyrics of that song in the plot. The problem is that the song is way more entertaining than this flick. "The Goon" wants to be both a raunchy comedy and a heartwarming story, which is fine. Except the movie tends to have both genres going back and forth a lot and none of these characters are really that likable either.
Doug Glatt(Sean William Scott) is a simple minded bouncer at a bar who dreams of being good at something. His chance comes while at a hockey game with his friend Ryan(Jay Baruchel) he gets into a fight with another player. A hockey promoter sees that same fight and asks him to join their team as a Goon. A Goon (in case you didn't know) is a man who protects the players who can score by beating the shit out of every player of the opposing team. Glatt enjoys being part of the team but sometimes wishes he could be the one scoring points. The Goon does by chance happen to meet a girl named Eva(Alison Pill) who assures him that she is the worst girlfriend but Doug still loves her anyways and keeps trying to win her affections. With Glatt fighting, the team can't lose but the final game would put him in the same rink as Ross Rhea(Liev Schreiber) the most famous Goon in all of Canada.
(Movie Trailer: Courtesy of Magnet Entertainment)
I don't like to say this, but there is nothing good about this movie. The comedy is very weak with a lot of bad one-liners. All of the characters are just one note who are mainly there to keep the story going. In all movies the main character either goes though a change or they help make changes in someones life. This movie does neither. The character of Doug Glatt is a very innocent almost childlike man who has a talent for beating people up. It's obvious he is still a virgin and may have some phobias about sex but the movie never addresses those issues. The whole love story between Doug and Eva felt fake right from the start. I guess the filmmakers were hoping they would get more girls to see it if they tacked on a love story. The reason why any of these two would be in love is never explained. It's obvious that both are bad for each other but this movie wants to you to believe otherwise. The movie also adds a lot of soft music cues when it wants to be a sentimental scene and hard rock and rap when it wants to be a light hearted and fun. It's almost like the director is just using music to get us to feel emotions for these characters and situations instead of having the story or the actors do that job themselves.
This was based on a real story and I would have much rather watched a documentary about the real life person than watch this. There is a moment during the closing credits that shows the actual fights and interviews with the real guy that I found completely compelling. Way more compelling and interested than I found watching this.


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subset: commoncrawl


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Hi, this is Fred Wallace with " Off the Wire ".
This is an idea that will probably never fly, but the concept is decent, in my humble opinion.
The Brokerlink Insurance Grey-Bruce Major Curling League has existed for decades, it has both a stable and proud history and has served as exceptional primer for competitive curlers in our region.
But, time has marched on. The number of rinks have dwindled from a highwater mark of 20 or so down to the current level of 8.
It's a not a crime, but simple reality that our best regional curlers have aged over a 30 year period.
So what follows or who follows ?
I don't have the answer or the solution, but I do note there are 15 rinks divided between Girls and Boys play in Bluewater Curling.
So the initiative that crossed my mind was is there any way to merge the two groups ?
From early November through late January, the Brokerlink loop plays on Wednesday nights on a rotational basis in clubs around Grey & Bruce.
Could the Bluewater loop coordinate their high school schedule to play at the same clubs on the same days as the Brokerlink players ?
Theoretically, the Bluewater Girls and Boys rinks could gather & compete in the late afternoon at one club, the very same club the Brokerlink League would use that evening, and then following the high school competition, the best high school rinks could stay & compete with the experienced curlers.
I'm dreaming, aren't I ?
But the goal of expanding the Brokerlink League at the same time as providing more experience for teenage curlers in our region seems like a noble project.
I'm Fred Wallace


text:
What would you like to do now?
Bedrooms: 3
Bathrooms: 2
Sq Feet: 2,245
City: Chandler
Zip: 85225
Sub Division: Thunderbird Park Plat 1
To start a new search please click: Start New Search
Property Description
Nice corner lot location with mature pine and palm trees add so much to the home's beautiful curb appeal! Many architectural details have been designed into this home for a warm and inviting living space. Real hard wood, saltillo tile, wainscotting and crown molding, to name a few. The family room has a beautiful sandstone custom fireplace with wood mantel and sumptuous wood flooring. The kitchen includes saltillo flooring and counter tops, a built-in cooktop with wood surround and shelving and an abundance of wood cabinets! The master bedroom is carpeted with an ensuite bath featuring a granite counter top and back splash, stone walls in the shower and a beautiful custom light fixture. Outside the back covered patio is huge with


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Relationships and Finances: Please Give A Reader Advice!
by Him • October 31, 2008 • Tagged: advice, finances, financial infidelity, relationship  • Comments
If there's something I love about you, our dear readers, it is that you always give solid advice (even if we don't agree with it). I once again ask for your wise words to help out another reader. He writes:
Before we got married, I asked my wife how much debt she had. She was very vague, but after some push and pull I got a rough number of "about $15K," not counting her student loans and car loan. That was quite a bit compared to the nearly zero debt I aim to maintain. But I figured that probably wasn't too extreme since the two of us make over $50K/year in salary each.
Well fast forward to after the wedding and move to a new city for both of us. It took her a while to find a job in the new city, but she did find an entry level position just to have SOMETHING. A few months working there and she finally found a job in her chosen field making about the same as what she made before we moved.
During this time, she kept asking me for money to help pay her bills. I lovingly helped her because I see the marriage as a joint venture. What affects her affects me. She's been working at this higher paying job now for about 5 months and she's still asking me for money.
After the attempted calm and rational conversation escalated to a LOT of pushing and pulling, and then to a full on screaming from her direction, I FINALLY discovered the truth. Counting her student loan and car loan and ALL of her credit cards, she has almost $100K of debt! Her MINIMUM monthly payments on her credit cards alone are more than $1,000/month. All 5 of her credit cards are maxed out. Her paychecks go toward minimum payments and then whatever she has left over go toward frivolous purchases like knick-knacks, new shoes, clothes, and purses.
She doesn't see anything wrong with what she's doing not only to herself but to me and US! I've tried taking her credit cards away from her and sitting down with her to talk budget but she absolutely refuses. Now we are losing money left and right. We can still pay the bills, but BARELY. I've had to dip into my savings and I also had to use all of the inheritance I got from my late mother just to stay afloat. Her only reason for not talking with me is "my parents fought about money and that's why they divorced." I would think NOT talking about money is worse than arguing about it.
I've been making all the payments on the mortgage and utilities. She hasn't contributed toward them at all because she can't afford to. If I had known the extent of her debt, I never would have bought this house. I've been looking at debt consolidation and even bankruptcy and other means of trying to lower her monthly payments but everything I've seen says we have to fall behind in those payments and not be able to even make the minimum payments before any of that will even apply to us.
Do you have any advice for me? I've tried getting her to talk to me or even a financial planner but the financial planner seminar that is coming to town that she did agree to go to isn't for another 6 months. We will be flat broke by then.


text:
Eureka one day and ran into the owner David Leschinsky. He is frequently at the shop and I enjoyed chatting with him about the different puzzles he has available. He is quite knowledgable and I am always quite happy with his recommendations. Today among other things, he said that he thought I would enjoy a puzzle by Hirokazu Iwasawa (Iwahiro) named ODD Packing Puzzle.
It wasn't much to look at: the wood was very precisely cut but unfinished. I looked at the price and was a bit suprised that it was $40, since it wasn't particularly elaborate. I had gotten used to spending about $20 per visit to Eureka, so this seemed like a bit much.
The description from David sounded great, though: he said that as you worked with the pieces, you develop an understanding of how they interact with each other as well as with the box. After a while, you begin to understand what is possible and can work out the solution. That was interesting, and it had won the grand prize in the 2008 Puzzle Design Competition at the International Puzzle Party, so I decided to give it a shot.
I started on it night away when I got home, and had a great time with it. I think it ended up taking me about an hour. Just as David said, you start to realize what is possible and what is impossible after playing around with the pieces for a while, and I was stumped as to how it was even possible to get all three pieces in. Instead, I decided to think about it backwards: how could they all fit, and how would I get them out if they were in there. This approach proved effective and eventually led me to the solution.
Overall, a fun puzzle that I would recommend. I have loaned it to my father and a friend who both were able to solve it and they both enjoyed it as well. It is not really the type of puzzle that you can just fiddle around with and expect to solve, which I like. It really helps if you have a decent amount of time to sit down and think it through.
Tomorrow, I decide to step it up a notch and try two of the hardest Hanayamas.
September 23, 2009
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text:
I had been hoping for a 3D cinema in Pakistan for so long, all the while thinking it impossible. So you can imagine my surprise when a friend told me about the recent opening of a 3D cinema in my city! Yes, Karachiites can now enjoy movies in digital 3D at the newly-opened Atrium Cinemas. Naturally, we made plans to visit this cinema ASAP.
Following are my observations based on the 2D and 3D movies I have watched at Atrium Cinemas in Jan 2011.
Bookings: The first challenge was to find the contact information for the cinema. An initial google search took me to some posts about the opening ceremony. One such post contained the link to Atrium Cinemas' official website, and voila! I could see the movie schedule and also found the contact info. I would've preferred an online booking option but it's not activated yet.
The booking officer (on phone) was polite and helpful. After the initial reservation, you have to pick your tickets from the on-site booking office. We picked our tickets hours before the showtime so that we could come just before the movie started, instead of reaching there 45 minutes in advance. Yes, the box office closes 30 minutes before the showtime (at least for now).
Seat Selection: You can choose your seats (depending on the availability of the seats) at the booking office. The cinema layout is displayed on a monitor for you to select your seats. This is a big plus!
Location: The cinema is located in the Atrium Mall which is centrally located in Saddar. What's more important for me is that it's hardly 15 minutes' drive from my home! 🙂
Transportation: Atrium Mall is easily accessible through public transportation. Buses, Taxis, Rickshaws, Private Cars – all options are available.
Valet Parking: @Rs. 50/- (approx. USD 0.6) per car. Major plus especially since it can be a bit difficult to find safe parking space in Saddar.
Accessibility: It may be difficult to reach the main gate of the mall if you need wheelchair access. The cinema is located at the 3rd floor (top floor) and is reachable through stairs, escalators and spacious elevators. I am not sure how easily accessible the buttons in the elevator are though for someone in a wheelchair. Still, if you use a wheelchair and are accompanied by another guest, it should be OK. I also didn't see the wheelchair ramp nor any special space within the cinema for people with special needs.
Ambiance: Superb ambiance. Colorful, modern, clean, spacious. Since the cinema is hardly a month old, it's in a spic-n-span condition, which makes the ambiance inviting for the visitors.
Food Options: A good variety of food and beverages are available from the counter outside the Cinemas.
Beverages: Tea, coffee, soft drinks, mineral water, etc.
Food: Chips, 3 types of popcorns, nachos, sandwiches, cookies, etc.
There's also a KFC and Arizona Grill outlet outside the mall.
2D Cinemas (Cinemas 'A' & 'B'): I've tried cinema B (176 seats) to watch the movie No One Killed Jessica. The picture and sound quality was great. But the best thing for me was the seat! Boy oh boy, was I in heaven! The seats were super comfortable, tall with a headrest (so you don't get tired watching a long movie), and spacious. You can even sit in your chair with your legs crossed and up on the seat without any problem. The space between the rows is quite wide and you don't have to move or stand up to let others pass.
3D Cinema (Cinema 'D'): We watched the movie Gulliver's Travels and enjoyed it in 3D! The 3D cinema (312 seats) is larger than the 2D one. The picture quality was also good and clear. I look forward to watching The Chronicles of Narnia: The Voyage of the Dawn Treader as I believe the magical characters of Narnia would really come alive in 3D.
3D Glasses: The reusable 3D glasses provided by Atrium Cinemas are manufactured by MasterImage (Korea). These 3D glasses are quite comfortable, better than the huge ones at the IMAX in Sydney. The 3D glasses in Sydney were too big, didn't fit well (resulting in a headache), and had to be returned after the movie.
Audience: The Atrium Mall is not completely operational yet. Many shops are still being fitted by respective shop owners (Nike, etc). We went for the afternoon shows on weekdays and there were still some people at the cinemas. I would expect more people in the late evening/night/weekend shows. By the looks of it, the mall will be fully operational in 2 to 3 months which would mean more people visiting these cinemas.
Amenities: The washrooms were neat, clean and with proper fittings. A cleaner was also on duty at the washroom. The best thing: proper rooms, instead of the much-hated cubicles, to ensure your privacy. A hanger installed at the wall/washroom doors is needed though – especially for females who carry handbags or wear a dupatta, and for the men who might want to hang their jackets/coats.
Security: Electronic Scanner Gates are installed at the main gate of the mall and outside the cinemas on the 3rd floor. Security guards are also present at the scanner gates.
Safety: I didn't pay attention to the emergency exit routes /signs, so can't comment on that. However, there are separate entrances for entering and exiting each cinema.
2D Movies: PKR 200/- (approx. USD 2.3)
3D Movies: PKR 500/- (approx. USD 5.8) + PKR 150/- (approx. USD 1.7) for the reusable 3D glasses
Value-for-Money: I found the 2D and 3D experience well worth the money. The food and beverages may be a bit at the expensive side but that is expected.
Overall Assessment: All in all, a good place for clean, family entertainment.
Rating: 4 stars (for now); May be revised based on further information from future visits.
Censorship: The Indian movie No One Killed Jessica was censored. However, there was one uncensored kissing scene inGulliver's Travel. I'd assume that most of the times the controversial/sensitive scenes will be censored so that family audiences, especially conservative ones, feel comfortable watching the movies at this cinema.


text: Technical Article Ubuntu continues to proliferate... Updated 05-Mar-2007•Originally posted on 31-May-2006 by Colin Walker 3822 article us Yet another showing of Ubuntu's strength as a distro, it looks like Sun just selected Ubuntu as their official Linux build. It's long been on the rise in popularity, and has been considered one of the top Linux Distros out there as far as popularity is concerned. This is backed up by Google Trends' data on the matter. Heck, I'm a Ubuntu user myself. ;) It's interesting to see Sun pick up a Linux distro, though. Half of me is extremely excited! What could be cooler than a Sun workstation at home running Ubuntu that I know and love?!? Not that I have any practical use for it, but dude, how c00l!11!. The other half of me, of course, is terrified for the future of Ubuntu. The last thing I want is for it to get too big or too commercial, and lose that...that special something that it has that makes me love it so. Hopefully this will turn out to be a mutually beneficial collaberation. Sun will get a usable, widely popular Linux OS that supports its ability to multi-thread, which will hopefully bring them, to a whole new audience, and make thm a viable choice for more people than they currently are. I'm also hoping that Ubuntu benefits just as much with even further publicity, some corporate support where needed to enterprise harden the OS, etc. Now if they can only manage to strike the proper balance, and not muck up their already great desktop releases. Here's to hoping. ;) #CWout 0 Ratings Log in to rate this content Print Download Share


text:
Pure jersey has a luxurious quality you'll not find elsewhere, giving lasting shape and soft structure. This lovely top has elbow-length sleeves and a sophisticated, flattering notch detail neckline. In five irresistible shades, it will instantly add polish.
Our Story
Our vision is to be the number one globally recognised British brand authority for cashmere. It is after all, at the heart of everything we do. What started as a collection of just 25 pieces has grown internationally with boutiques opening across the UK. Join our journey and discover our story...Find out more


text:
Selland Arena
700 M Street
Fresno, CA 93721
JAMZ Championships Dept.
Last Day to Register and Pay: 10/23/18
View the full Championship Guide for Youth, School & All Star HERE. (1819 Championship Guide Coming Soon)
This event is a qualifier for the 2019 JAMZ Youth & School Nationals.
Please submit rules questions HERE or email email@example.com for YOUTH, firstname.lastname@example.com for SCHOOL. Please contact USASF directly for All Star rules questions.


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Congratulations to FSAEs 1,000th member: Debra Henley, Executive Director of the Florida Justice Association
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Character Design and Illustration
A wealth of experience in the world of cartoon work
WHAT CAN WE SAY? if you'rE looking to find CREATIVES that specialise in character design and cartoon illustration, look no further, you've found the right people.
Over the years we have worked for many and varied clients helping create brand characters that have played out their roles across a variety of platforms. All our illustrations and concepts begin life as a pencil sketch on real paper and evolve from there. We can basically draw anything whatsoever and develop our scribbles into multi-dimensional brands and products for all manner of material from book illustrations and print advertisements through to brand representatives on packaging and sporting mascots.
A few of our previous clients include: Cheese Strings, Paramount, Dora the Explorer, Manchester United FC and Birthdays
For more information about illustration and character development please contact us for a chat.


text:
Mazda has announced that the automaker has turned out 900,000 units of its MX-5 Miata since the car first put tire to pavement in 1989. Of that astronomical number, a staggering 45 percent were sold here in North America, which means that 388,000 of the droptops have been shipped to our continent over the past 22 years.
Mazda attributes the vehicle's success to its ability to adhere to what made the convertible a sales winner in the first place – offering basic sports car appeal with one of the highest fun-per-dollar ratios of any vehicle out there. Since 1989, the convertible has undergone two complete redesigns and a slew of minor updates along the way. The MX-5 crested the 500,000 unit mark back in 1999, and sales of the winsome roadster continue to march on impressively. Click past the jump to check out the full press release on the occasion for yourself.


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A wide variety of information is provided, from quick start guides to detailed reference material.


text:
Trey Burke making NBA debut tonight vs. Pelicans
Better late than never. @Trey_Burke3 makes his @NBA & @utahjazz debuts tonight. Good luck, Trey! #GoBlue pic.twitter.com/5imAJECbnb
— Michigan Basketball (@umichbball) November 20, 2013
From the Michigan Basketball Twitter. He will probably play limited minutes since he is coming off an injury, but I am looking forward to finally getting a chance to see him play.
The game is tonight at 8 pm eastern time if anyone was planning to watch.


text:
While it is true that a timeshare contract is a binding legal document, it is often mistakenly thought that such a contract cannot only be cancelled. In fact, most timeshare companies maintain that their contracts are non – cancellable. This misconception is perpetuated by timeshare companies and user groups that are funded, maintained and controlled by the timeshare industry.
The FHA 203k loan program provides home buyers the opportunity to buy and fix up a property, without exhausting their personal savings.
In this digital age, it seems no word goes unrecorded. Mitt Romney has found his campaign blindsided by the overnight infamy of a leaked video from a May 2012 fundraiser. Speaking to a crowd of assembled donors, he makes broad remarks about Americans who pay no income taxes, remarks that have sparked an ongoing press firestorm. However, more inquisitive reporters have examined the fiscal specifics of his claim, and have tried to break down which exact demographics fit under this broadly defined percentage. It turns out the tally of Americans lumped under that figure is a more complex demographic than it would seem – with a more complex spread of possible assets. In an era of percentage buzzwords, some of these 47%'ers could feasibly be 1%'ers. An article from Business Insider contributor Joe Weisenthal exposes the identity of those Americans singled out in Romney's ill-fated speech. Of the 47% slice of the American taxpayer who files no income tax are included:
Clearly you're looking at a relatively diverse spread of Americans. Those who still file payroll taxes are oftentimes self-employed or independent contractors, or otherwise make income from investments. While many of these Americans may be among the lowest-income earners, many financially comfortable contractors fall under this umbrella as well. Interestingly enough, many of the investors who pay no income tax while still being bound by payroll taxes make their income from property and real estate holdings, some of whom are exceptionally successful in their enterprise. On the other hand, the 6.9% of all Americans who make an income undercutting $20,000 per year near universally do not own property. This demographic often includes either recent graduates or the working poor, and are near exclusively renters and not tied to the housing crisis/underwater mortgage flood affecting the middle class. For the elderly retirees who pay no income tax, their property holdings are often secure. Coming from the Greatest Generation, most of these Americans have long paid off any home loans, and could own property that may one day be handed to their boomer-age children. This group of Americans frequently holds stable property investments, and is unburdened by the insecurity of toxic mortgages. Regardless of the political fallout from Governor Romney's taped remarks, it appears that in terms of their property, not all of these 47% are freeloaders. Real estate, like many long-maturing investments, is often a sensible means to see steady financial returns that can escape the tax scythe that befalls revenue from employment income.


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This property consists of a 2000 modular home in exceptionally good shape with 2 bedrooms, 2 full baths, large living room and kitchen with stainless appliances. The home has city water, and central heat and air. Located across the back of the house is a covered porch where you sit for hours and watch the water of the Cherry Creek go by. Also, located on this property is an exceptionally built 2 car garage, a hoarse stall with fenced paddock and another building that could be used for many things. The greatest feature is the park like settings where you can sit and watch four year around waterfalls and creeks. it's just simply unbelievable!
Directions: From PCCH; take East Broad to Hwy 70 N go approximately 6 miles and turn right on Cherry Creek Rd. go 7 miles property on left. From Sparta; take Hwy 84 N approximately 6 Miles turn left onto Cherry Creek Rd. go 2 miles property on right.
Real Estate: 10% down with signed contract on the day of sale; balance due at closing within 30 days. 2016 property taxes to be prorated through day of closing.
Possession of Real Estate: 30 Days after sale.
All property sells as is. Both surface and subsurface, buyers are responsible to inspect property prior to bidding, no warranties, guaranties, or implied's.


text:
NEWARK—With communities across New Jersey facing fuel crises, U.S. Senators Frank R. Lautenberg and Robert Menendez today called on President Barack Obama to dispatch supplies of gasoline and fuel to the state for residents, to keep emergency vehicles running, and to ensure critical infrastructure, like water treatment and sanitation facilities, remain operable. The Senators also requested backup generators, dryers, and additional fuel supplies to help electric companies continue their efforts to restore power.
Obama initially issued a federal disaster declaration for eight New Jersey counties, and two additional counties were added today. Those ten counties are eligible for federal aid, and Lautenberg and Menendez have requested that additional New Jersey counties be included in the disaster declaration.
"We are dealing with a crisis on the ground with rescue and recovery where millions are without power and without basic necessities. Furthermore, our constituents are sitting in lines up to a mile long waiting to fuel their vehicles, tying up local resources that are managing traffic conditions in these areas," the Senators wrote. "You have shown extraordinary leadership helping us cope with this terrible storm and we urge you to use the full force of the federal government, including using military assets, to bring this needed help to our state."
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text:
Tait Ransom was a Corellian smuggler who was the rival of Kaine Paulsen.
Tait Ransom left Socorro many years before the Battle of Endor, because he hoped to make a name for himself outside the shadow of Kaine Paulsen. He later rescued Drake Paulsen and his mentor, Karl Mathieu Ancher from the jail on Omman Minor, but he was arrested in the process and sent to Vizcarra. Drake and his companions managed to free Tait before he was carried off to prison.
- "When the Domino Falls"—Star Wars Adventure Journal 3 (First appearance)
- "A Bitter Winter"—Star Wars Adventure Journal 5


text:
Starbucks' Earnings Beat Last Year's by 18%
Starbucks (NAS: SBUX) reported earnings on April 26. Here are the numbers you need to know.
The 10-second takeaway
For the quarter ended April 1 (Q2), Starbucks met expectations on revenues and beat expectations on earnings per share.
Compared to the prior-year quarter, revenue increased and GAAP earnings per share grew significantly.
Gross margins shrank, operating margins contracted, and net margins grew.
Revenue details
Starbucks reported revenue of $3.20 billion. The 24 analysts polled by S&P Capital IQ expected revenue of $3.18 billion on the same basis. GAAP reported sales were 15% higher than the prior-year quarter's $2.79 billion.
Source: S&P Capital IQ. Quarterly periods. Dollar amounts in millions. Non-GAAP figures may vary to maintain comparability with estimates.
EPS details
EPS came in at $0.40. The 26 earnings estimates compiled by S&P Capital IQ anticipated $0.39 per share. GAAP EPS of $0.40 for Q2 were 18% higher than the prior-year quarter's $0.34 per share.
Source: S&P Capital IQ. Quarterly periods. Non-GAAP figures may vary to maintain comparability with estimates.
Margin details
For the quarter, gross margin was 55.8%, 180 basis points worse than the prior-year quarter. Operating margin was 11.8%, 30 basis points worse than the prior-year quarter. Net margin was 9.7%, 30 basis points better than the prior-year quarter.
Looking ahead
Next quarter's average estimate for revenue is $3.31 billion. On the bottom line, the average EPS estimate is $0.46.
Next year's average estimate for revenue is $13.36 billion. The average EPS estimate is $1.86.
Investor sentiment
The stock has a three-star rating (out of five) at Motley Fool CAPS, with 6,024 members out of 7,669 rating the stock outperform, and 1,645 members rating it underperform. Among 2,191 CAPS All-Star picks (recommendations by the highest-ranked CAPS members), 1,986 give Starbucks a green thumbs-up, and 205 give it a red thumbs-down.
Of Wall Street recommendations tracked by S&P Capital IQ, the average opinion on Starbucks is outperform, with an average price target of $56.96.
- Add Starbucks to My Watchlist.
At the time this article was published Seth Jayson had no position in any company mentioned here at the time of publication. You can view his stock holdings here. He is co-advisor ofMotley Fool Hidden Gems, which provides new small-cap ideas every month, backed by a real-money portfolio. The Motley Fool owns shares of Starbucks. Motley Fool newsletter services have recommended buying shares of Starbucks. Motley Fool newsletter services have recommended writing covered calls on Starbucks. Try any of our Foolish newsletter services free for 30 days. We Fools may not all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors. The Motley Fool has a disclosure policy.
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text:
Lewis Franklin
Values Codes I-E-L
Lewis Franklin was born in 1820, in Liverpool, England, whose family roots were in Silesia – a part of Posen in Poland, recently incorporated into Prussia.
Along the way
As a young man he sailed to Jamaica to help a brother's mercantile business, but soon sailed again to Baltimore, Maryland, where he heard of the discovery of gold in California.
Lewis Franklin then sailed to San Francisco, where he opened a store and invited the Jews to join him at High Holy Day services – the first conducted in California – in 1849.
(There is a question as to whether the first service was held in Franklin's store or a tent.)
Impressed by Franklin's leadership, the Jews of San Francisco invited him to deliver a High Holy Day sermon the following year, in which he beseeched his co-religionists to be faithful to the Torah and to help Judaism in California.
San Diego
Lewis Franklin moved the following year to San Diego, where he opened a general store.
He again hosted High Holy Day services, although only two other Jews – Mark Jacobs and Charles Fletcher – attended.
Lewis Franklin served as Foreman of San Diego's first County Grand Jury.
Lewis Franklin soon won election as a County Judge.
Among miscreants indicted by Franklin's grand jury for dueling, which was illegal in California, was Mayor Bean's younger brother, P. Roy Bean who dug his way out of jail with either a spoon or a pocket knife.
"Judge Roy Bean" showed up in Langtry, Texas, where he doled out his own kind of "justice," styling himself "The Law West of the Pecos."
Lewis Franklin eventually acquired the Exchange Hotel alongside San Diego's plaza, and changed its name to the Franklin House.
At three stories, it was the "skyscraper" of San Diego in the late 1850s.
There, Franklin's older brother, Maurice Franklin, established a pharmaceutical business and eventually became a partner with Lewis in the hotel.
After Maurice brought his bride, Victoria Jacobs (daughter of Mark Jacobs) to live with him at the hotel, the two brothers began to quarrel, eventually becoming so embittered with each other that a court had to decide how to divide the assets – much to the enjoyment of the townspeople for whom courtroom dramas were a major entertainment.
Lewis Franklin kept the hotel. Maurice Franklin got his pharmaceuticals.
Along with Victoria and a son, Abraham, Maurice to relocated to San Bernardino.
High Holy Days – 1859
In 1859, the Franklin Hotel was the venue for High Holy Day services conducted for San Diego's small Jewish community.
As there were only ten men present during the service, Lewis Franklin and others raised objection when the Grand Jury sought to compel one of the worshipers – Moses Mannasse – to give evidence about an assault that he had some time before witnessed.
A posse was deputized to compel Moses Mannasse to leave the High Holy Day services and walk two buildings away to the courthouse to give testimony.
Once at the courthouse, however, Moses Mannasse declined to give testimony until after the sun went down – when Yom Kippur was over.
Lewis Franklin wrote a letter to Jewish newspapers throughout the United States in which he contended that forcing Moses Mannasse to testify on a High Holy Day was a grave insult to the Jewish people.
Lewis Franklin eventually left San Diego for Baltimore, and later returned to his native England, where he lived out the rest of his days.
Lewis Franklin died in 1879, leaving a wife, Emily, and three children.
More information can be found in the following issue of Western States Jewish History:
- Franklin, Lewis A.; First Jewish Sermon in the West; Yom Kippur; 1850; San Francisco; Franklin, Lewis A.; 10/1
- Franklin, Lewis A.; First Jewish Sermon in the West: Yom Kippur; 1850; San Francisco; San Francisco; Levey, Samson H.; 25/2
- Franklin, Lewis A., Pioneer Jews of San Francisco, Part One, A-L, Norton Stern, 41/1
Also: Norton B. Stern, "The Franklin Brothers of San Diego," San Diego Historical Society Quarterly, 1975, Vol 21, Number 3.
Donald H. Harrison is Curator for this Exhibit


text:
Our Careers
Why Work for Consolidated Pastoral?
CPC is an exciting leader in the Beef Industry that can offer anyone looking for a career in Agriculture the very best experience and training due to scale and the diverse nature of our business. Your dream may be to live and work in rural Australia or your interest may be to work in the corporate office supporting station activities, all of this is possible with CPC.
Unlike traditional roles where qualifications are the key to your success there are no barriers to making your dream a reality with us as we have a comprehensive on-boarding program followed with structured learning and development program where you will have the opportunity to sit with your leader to discuss your personal and professional goals. Additionally we have an extensive training library which will support you in working towards achieving your learning objectives in building a solid foundation for your future success.
Like all companies we also offer a vast range of benefits to our staff which will vary depending on your work location and your role. Below are only a selected few that we offer:
- Competitive remuneration
- Prepared meals and accommodation on our properties
- Extensive induction and training programs
- Fare allowances
- Wifi or NextG access
- 7 weeks annual leave entitlement (employees covered by the CPC Enterprise Agreement 2014)
- Pilot licence reimbursement
We also believe our team members are a vital link in the continuing success of our company and therefore everyone is encouraged to join our regular company conference calls so they can keep informed on what is happening within the business, future initiatives and share their ideas on our journey to become the preferred employer within the Pastoral Industry.
CPC has several team building events throughout the year, including;
- CPC Annual Conference
- Bunda Golf tournament
- Colt Challenge at Spellbore
- Wrotham Park Races
- Newry Cricket
- Family BBQs at Head Office
How do I apply?
So if you would like to come and join our team we prefer that you apply online by clicking the Apply Now button so your details can be electronically stored.
If you would like to discuss any of our vacancies or express your interested in working with us you can do so by calling our Brisbane office or through email firstname.lastname@example.com.


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New York police fail to clear park after thousands gather to defend Occupy Wall Street
15 October 2011
The administration of New York City's billionaire Mayor Michael Bloomberg beat a tactical retreat Friday morning, backing down from earlier threats to clear the site of the anti-Wall Street demonstration on the pretext that its corporate owner needed to clean the area.
Over two thousand people, predominately men and women in their twenties and early thirties, assembled before dawn in the heart of New York City's financial district to defend the encampment of Occupy Wall Street at Liberty Plaza (renamed Zuccoti park by its corporate owners).
New York police video recording protesters
Authorities had scheduled the "cleaning" of the small, brick-paved park for 7:00 am, a deadline when protesters would have to leave or face arrest. They would not be allowed back in with their gear, if at all.
Under the glare of street lamps and media lighting, tension pervaded the crowded park and adjacent sidewalks as the crowd awaited the anticipated assault by riot police. Many stood silently while others raised the chants Of "We are the 99 percent".
By 7:30 am , as it became clear that police would not remove protesters from the park, hundreds began to march to Wall Street a few blocks away. At least fourteen people were arrested and one protester was hit and run over by a police motorcycle, though it could not be determined if this was accidental or not. Several others were injured after being attacked by cops.
The reversal of the plan to clear the park was announced by Deputy Mayor Cas Holloway, who said in a statement: "Late last night, we received notice from the owners of Zuccotti Park—Brookfield Properties—that they are postponing their scheduled cleaning of the park, and for the time being withdrawing their request from earlier in the week for police assistance during their cleaning operation."
The World Socialist Web Site spoke to a number of people who had come to defend the occupation. Ryan, a young man form Long Island who works two jobs to make ends meet, told us. "I'm here to defend Occupy Wall Street, because I have to be here. This is an international movement against the capitalist system. Classism is a long-standing problem. It's as old as civilization itself, but it's gotten much worse in the last 10 years. I'm here because we need a society in which it is possible for every human being to realize their potential."
When asked about the role of liberal groups in supporting the occupation he said, "The Democrats are beholden to the same bankers as the Republicans. That's pretty obvious. "
Natasha, a young woman who lives in Brooklyn and works for a non-profit said: "I was a arrested on the Brooklyn Bridge on October 1, and I've been coming back since then".
Zuccotti Park, formerly called Liberty Plaza Park, is a 33,000-square-foot (3,100 m2) publicly accessible park in Lower Manhattan, New York City, privately owned by Brookfield Properties.[1] The park was created in 1968 by United States Steel, after the property owners negotiated its creation with city officials, and named Liberty Plaza Park and situated beside One Liberty Plaza. It is located between Broadway, Trinity Place, Liberty Street and Cedar Street. The park's northwest corner is across the street from Four World Trade Center. It has been popular with local tourists and financial workers.
The park was heavily damaged in the September 11 attacks and subsequent recovery efforts of 2001. The plaza was later used as the site of several events commemorating the anniversary of the attacks. After renovations in 2006, the park was renamed by its current owners, Brookfield Office Properties, after company chairman John Zuccotti.
In 2011, the plaza has become the site of the Occupy Wall Street protest camp. During the demonstration, activists are occupying the plaza and using it as a staging ground for protests throughout the Manhattan Financial District. On October 11, 2011, Ric Clark of Brookfield sent a letter to Commissioner Raymond W. Kelly stating because of "the ongoing trespassing of the protesters we are ... requesting the assistance of the New York City Police Department to help clear the Park."
Creation and early background
The park, formerly called Liberty Plaza Park, was created in 1968 by United States Steel in return for a height bonus for its adjacent headquarters at the time of its construction. That building is now known as One Liberty Plaza.
The park was one of the few open spaces with tables and seats in the Financial District. Located one block from the World Trade Center, it was covered with debris, and was subsequently used as a staging area for the recovery efforts after the destruction of the World Trade Center on September 11, 2001.[5] As part of the Lower Manhattan rebuilding efforts, the park was regraded, trees were planted, and the tables and seating restored
On June 1, 2006, the park reopened after an $8 million renovation designed by Cooper, Robertson & Partners. It was renamed Zuccotti Park in honor of John Zuccotti, former City Planning Commission chairman and first deputy mayor under Abe Beame and now the chairman of Brookfield Properties,[6] which used private money to renovate the park. Currently, the park has a wide variety of trees, granite sidewalks, tables and seats, as well as lights built into the ground, which illuminate the area.
A sculpture of a seated businessman, Double Check, was removed during the reconstruction period, but was returned in 2006.[7] It was joined by Joie de Vivre, a 70-foot-tall abstract sculpture.[8]
Given its proximity to Ground Zero, Zuccotti Park is a popular tourist destination. The World Trade Center cross, which was previously housed at St. Peter's Roman Catholic Church, was featured in a ceremony held in Zuccotti Park before it was moved to the the 9/11 Memorial
On September 17, 2011, the "Occupy Wall Street" protest began using Zuccotti Park as a campground and staging area for their actions.[11] Some of the protesters displayed a placard welcoming visitors to "Liberty Park",[12] an informal return to a version of the park's original name. The organizers had originally planned to occupy One Chase Manhattan Plaza, but the plaza was closed.[13]
Because Zuccotti Park is not a publicly owned space, it is not subject to ordinary public park curfew. New York City Police Commissioner Raymond Kelly said on September 28, 2011, that the NYPD could not bar protesters from Zuccotti Park since it is a public plaza that is required to stay open 24 hours a day. "In building this plaza, there was an agreement it be open 24 hours a day," Kelly said. "The owners have put out regulations [about what's allowed in park]. The owners will have to come in and direct people not to do certain things." A spokesperson for Brookfield Properties, the owner of the park, expressed concern: "Zuccotti Park is intended for the use and enjoyment of the general public for passive recreation. We are extremely concerned with the conditions that have been created by those currently occupying the park and are actively working with the City of New York to address these conditions and restore the park to its intended purpose."[14]
On October 6, 2011, it was reported that Brookfield Office Properties, which owns Zuccotti Park, had issued a statement which said, "Sanitation is a growing concern ... Normally the park is cleaned and inspected every weeknight... because the protestors refuse to cooperate ... the park has not been cleaned since Friday, September 16th and as a result, sanitary conditions have reached unacceptable levels."[15] To protect and clean the park, protesters volunteered to sweep the areas of the plaza and posted signs urging each other to avoid damaging the flower beds.[16]
On October 11, 2011, Brookfield Properties requested Police Commissioner Kelly to "clear the park" as its use by Occupy Wall Street "violates the law, violates the rules of the Park, deprives the community of its rights of quiet enjoyment to the Park, and creates health and public safety issues".[17] Occupants were advised to clear the park on October 14 by 7 AM, however, shortly before this time facing potential of a confrontation, the owners withdrew the request.


text:
Pattern Download
Mystical Elf Hat Pattern
Sold by Laleebu Toys by Laura Lee Burch
I'm from Greenfield, Indiana (I currently live in Tel Aviv, Israel) and as far back as I can remember, I've been making things! I'm inspired by my three girls and a love for animals. I make toys (by needle felting and sewing) because I'm still a kid at heart! Visit my website: www.lauraleeburch.com to read about my art, travels and experiences in the Middle East.
Showing 1–3 of 3 items


text:
Giving is not one size fits all. Giving is personal. It's about what matters to you…how you want to make a difference.
For almost 100 years, community foundations across the country have been helping people who care give to local causes that matter.
On Martha's Vineyard, the Permanent Endowment has been the Island's community foundation since 1982 when Jack Ware, a retired businessman, recognized the need for an effective means of connecting the generosity of many with the many needs across the Vineyard. That is what community foundations are all about — linking the financial resources of individuals, families, businesses, and organizations with opportunities to better the Island community.
Funds established with the Permanent Endowment for Martha's Vineyard (PEFMV) provide an effective way to give to nonprofit organizations through grants and to Island students through scholarships. They also build financial resources to preserve and enhance the quality of life on Martha's Vineyard now and in the years to come through PEFMV's endowment.
Beginning with a $60,000 gift from the estate of Ruth J. Bogan, a resident of Oak Bluffs, PEFMV now administers 28 funds that range in size from $5,000 to over $1.0 million. These funds make up an endowment that is currently valued at more than $7.0 million due to the addition of new funds and the judicious investment of assets over time. It is this endowment, as well as PEFMV's support for all aspects of Island life, that distinguishes it from other charitable organizations.
The endowment portfolio is managed locally by the Martha's Vineyard Financial Group where funds are pooled for investment purposes. This keeps management fees to a minimum and maximizes the amount of every donated dollar available to meet Island needs. Oversight of the endowment, as well as PEFMV's operations, is handled by a volunteer board of leading citizens selected for their judgment and integrity. Board members know the Island well and understand the challenges and opportunities facing the community.
Community foundations offer donors effective ways to direct their charitable giving through funds that can accommodate assets ranging from cash to real estate and that qualify for the maximum tax treatment allowed under federal law. At PEFMV, donors can contribute to the Vineyard community through gifts to the General Discretionary Fund, which distributes grants to nonprofits based on a semiannual competitive application process; through Donor Advised Funds, which involve donors in identifying ways to use their resources to address the issues they care about most; through Field of Interest Funds, which focus generosity on an area of community life that matters to them; through Scholarship Funds that provide financial assistance to Island students; and through Donor Designated Funds that support specific organizations that have made a difference in their lives and the lives of others. For example, the Ruth J. Bogan–Ruth Redding Memorial Fund, a Donor Designated Fund, still distributes annual awards to the 15 nonprofit organizations that were identified in 1983 as the beneficiaries of this fund.
PEFMV ensures that these funds are available for each of these organizations every year, in good times and bad, and is responsible for confirming that all award recipients are qualified to receive support. If any grant recipient loses its nonprofit status or ceases to exist, donors have the comfort of knowing that PEFMV has the legal authority to direct funding to another local organization serving the same purpose so that their wishes continue to be honored in perpetuity.
Each fund gives back to the Island according to the criteria of its donors. Half of PEFMV's funds provide grants to Island nonprofits for undertaking new initiatives as well as sustaining established programs. Since 1982, these funds have distributed almost 1,000 grants totaling more than $1.7 million for projects ranging from seed money for the first maritime vocational training program offered in a Massachusetts high school to fuel assistance for Islanders in need, to support for dental care for low-income seniors and the disabled.
There currently are approximately 130 nonprofits working on the Island in the areas of the arts and culture, civic and community affairs, education, the elderly, the environment, health and human services, housing, recreation and youth. Over the years, PEFMV has supported most of these organizations with the scope of its efforts extending to every town and constituency. By working to match charitable resources with Island needs effectively, PEFMV helps transform charitable giving into meaningful philanthropy.
The other half of the funds administered by PEFMV provide scholarships. Awards from each fund are determined by criteria set by the donors and carried out by the PEFMV Board. Over the years, PEFMV scholarship funds have provided approximately 650 awards totaling more than $1.3 million to Islanders furthering their education.
Many of these funds honor a family member and promote the interests they held dear during their lifetimes. For example, in 2008, PEFMV welcomed the Wendy Weisman Jenkinson Culinary Arts Fund which was created in memory of Island resident Wendy Weisman Jenkinson by the Weisman family. This fund benefits graduates of accredited schools on Martha's Vineyard who have demonstrated a passion for cooking and are pursuing further education at a culinary school.
Community foundations foster giving now as well as provide the means to make a difference in the community that lasts beyond a lifetime. Simple, informed, and effective philanthropy for the good of the Island…that is why the Permanent Endowment for Martha's Vineyard is here for good.
To find out more about PEFMV, please visit www.endowmv.org, email email@example.com, or call at 508-338-4665.
Ralinda Lurie is executive director of the Permanent Endowment Fund for Martha's Vineyard.


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Bachelor of Science, Computer Science
Plymouth State University
Current GPA 3.78
Current GPA 3.78
Developed community within residence halls on campus by maintaining a healthy, safe and fun environment. Critical decision making in fast-paced environment.
Augmented and customized a thread management application to add an intuitive user interface during the course of the internship.
I was selected from an applicant pool of hundreds to work at a 40-year old family restaurant with yearly sales of $5MM. Quickly and accurately completed beverage and food orders. Facilitated promotions with vendor representatives including Budweiser and Bacardi.


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Perfect for North-east Saltwater top water
fishing for BIG Stripers and Blues!
Works well for Snook, Tailor, Jacks, Queenfish, and more!
CNC Turned,
sealed against water intrusion for maximum durability, and hand painted
with a rock hard durable finish! Weighted perfectly for optimum presentation!
Hand tied buck tails with Mirage flash! VMC Permasteel 4X strong 4/0 Belly hook, 6/0 tail hook,
150 lb Rosco swivels, 2X strong stainless split rings.
I make all my plugs standard with Siwash
hooks for best hook-up!
Recessed Holographic eyes for maximum effect! Stainless
Steel hardware used when possible!
Through wired for maximum strength! Perfect for school blue fin tuna,
stripers, or LARGE bluefish!
Proper presentation
of this needle plug is to cast, then slowly retrieve while occasionally
twitching the rod tip to impart a "injured baitfish" look to the lure.
Keep the rod tip up while reeling and maintain contact with the lure.
These needle plugs
are slow sinkers tail first, so you can work the bottom easily also if you
let them sink.
Fish them with a
teaser about 2' in front of the lure and they are deadly!
Twitch your rod tip after letting them sink to a sandy bottom. Looks
like a sand eel hatching and gets the attention of a a striper on the
You can also work
these similar to a pencil popper,
twitch your rod tip while reeling they'll stay right up on top!
The perfect plug for
surf fishing beaches or jetties from Maine to Florida!
Excellent for boat fishing too!
32 lb striped bass 07/08/06
Queenfish from Australia
caught 5/26/07 NICE!
What our customers have to say:
"Salty love your black
Salty, white/pink needle was THE plug for August."
BIG Red Fish down here love your plugs.
Fish them SLOW watch a big bull come up from behind!! Most fun you can
have with your clothes on!!"
name is xxxxxxxxx, xxxxx xxxxxx has become a good friend of mine and
introduced me to your Salty's.
We have been fishing for bluefin for the Iast couple of months
Given xxxxx's talent and ability for catching fish I guess I should
not be surprised,
but I could never have expected to have boated 20 tuna in only 14-15 trips
using your plugs.
Your Salty's are the real deal and have held up on every fish
caught. Thanks for your craftsmanship and for such a great line of
Hi Scott, Just got
back from 2 weeks fishing the E-Islands, had a full selection of
plugs from many different custom builders that I had never used
before and wanted to test them all out. After two weeks, your olive
and white 2oz needle had been anointed "first plug out of the bag
every day every where." All it did was catch fish and weave through
those nasty boulder fields and be perfect for the e-islands. Did
great in the rips too. Neutral buoyancy was ideal for the dropback
move. Great lure. Loved your danny style swimmers as well, nice and
fat and tuned up just great, didn't get anything on them but that's
because the needle was on the end of the line most of the time. Not
sure if I should have been using a needle in the day, but couldn't
help myself. Anyway, many thanks, I'll be stocking up on the
stubbies as well the next time I get a trip lined up.
Great product, great price.
2 ounce needle in yellow is THE go to plug to cast to the tuna fish. If
you know how they like it it is deadly.
It has caught more SBFT's than any plug I use to cast to them. The thing
looks like I dragged it behind my truck for a week but it still kills 'em."
"You may or may not believe this
but I got the biggest bass of my life on a pink Salty's needle.
I released it so no picture for me.
Love fishing your needles don't know
what they do but they sure catch fish"
"That needle has got wicked mojo
and catches big time.
All fish were small to 10 or 12 pounds but at Head of
the Meadow at daybreak they loved that needle.
It's a great first
light/dusk to dark color."
one fisherman to another the fish like your stuff and that's what counts.
Landed over 50 stripers on one of your 2 1/2 oz Black over purple needles
with the glowing eyes in a week last fall on the Vineyard.
All at night at
an opening.
They were all over 30 in some over 40in.I out fished all the locals with those 2 plugs .
Sorry couldn't tell
people till the Derby was over. LOL Trade secret at the time"
over 225#'s of stripers on this lure in June on the Vineyard in two hours.
Great lure. Thanks Bob"
Caught on a Black/Purple 2.5 oz needlefish
I receive letters and notes from many
people who fish our lures. The common theme seems to be large fish :)
Another Angler writes of a
trip to Block Island:
"Sorry I totally forgot the camera I was late for the ferry and I
left it sitting on my front seat in the parking lot.
Here is the whole story:
I went over for the night to fish with a couple of friends, they
told me Tuesday Morning that they have been getting teen sized
fish (pounds) so I said fine still fun maybe I can go to some of
my spots they don't know and show them and there are usually
bigger fish there at times.
I hit the 3 o'clock ferry and got on the Island at 4pm, we hung
out talked fishing and headed out for the dusk bite, we went to
#### the place was dead I got one Blue fish probably 3 pounds then
nothing. After we went to #### and fished till full dark and
nothing there at this point I am like this always happens to me.
the sea was down and wind changed.
back to the base and we had dinner and planned the night, it would
be high tide 11 or 12 mid night so we went to #### and first cast
I had a fish on and I reeled in and it was weeds? weeds don't
shake? it got off? well few more cast nothin so I moved next cast
20 pound fish released and after 3 casts it happened the hugest
hit ever and then the run and run and run I was like oh !^@#%!.
tighten the drag still run tighten more then it stopped I slowly
pumped it in and after 2 more smaller runs I landed it 43 inches
32 pounds I let it go I wasn't going to carry it up a 75 foot
bluff like that 44 pounder. well that was my personal best to
date. as the tide dropped I had a couple of more come off and
another 2 15 pound fish landed. 3 hours down (2am) from High we
went to #### nothing there I had a bout 20 grabs and 3 hooked and
let go but either small bass or maybe small blues. so we left.
they were calling it #### but my map says differently. any way I
did good there and landed 4 that were 28 to 32 inches and 3 that
came off. Island fish fight like hell and know how to use the
rocks. now it was 6 am and we were tired and wet. so we called it
a good trip and went back. I tell you I am so glad I had that
Salty Bugger Electric Chartreuse needle fish because it out fished
the other 2 guys and one that usually out fishes me got skunked. I
just wish I brought more so I could have shared. I slept for 2
hours and jumped on the ferry at 11:45am well worth the trip and
the money. 7 keepers 28 to 32 1 cow 43 inches and a small Blue
All on Salty's
I get asked a lot about what colors are best?
Olive/White mimics a nice size sand eel or needlefish color and size when
you see it in the water..
Black/Silver makes a perfect small fish imitation such as medium/large
sand eel. Electric Squid is a
great color to imitate frightened squid as they flee predator fish in the
rips and rocks of the northeast. Yellow or Parrot at sunrise or cloudy days.
Black/purple at night with the glow eyes is a killer if you softly light up
the eyes in your headlamp. On sunny days I stick with a color that has a high
definition color hue change on it....Olive/White, Blue/White, etc.
Spend some time looking at the bait prevalent in your area and you will soon
understand why certain colors can give you just that little bit extra
advantage to entice a larger fish to take your lure.
Don't be afraid to use such colors as Olive/White, Blue/White, Parrot, or
Yellow/White at night either!
We've found that the larger needles work very well
from a boat also! A 6'6" St Croix Musky Stick with 12 lb test line lets you
get a decent "lob" on them and the backbone of the rod is great for keeping
them up on top.
Slow steady retrieve, occasional twitch. You can make them "swim" real nice
and stay in contact with the lure for even the light hits! Works well in rip
edges for light tackle fishing!
images and pages Copyright 2002-2019 by Scott
**Free/Flat rate shipping does not include lead,
liquid items, wood squares or oversize items.
These items may be additional depending on size
& weight.
All items under 150lb are subject to Federal
Sportfishing Excise tax.
More information can be found on our
sales policies page.


text:
If you've been reading this site for awhile, you know that we love Bob's Red Mill. Any company founded on the idea that Americans should have more good, whole grains available at their table? We like that company. We also love Bob himself. (Whenever we open a new bag of flour, Lu points and says, "There's Bob!") We love that Bob sold the company to his employees when he was ready to retire. And Bob's Red Mill was the first sponsor of this site, quite a few years ago, and they have been with us ever since.
It's not an exaggeration to say that life as we live it in this house could not exist without Bob's Red Mill and its gluten-free grains and flours.
And yet, we have found a way to love them more.
Bob's Red Mill recently launched a new line of products: Grains of Discovery. These ancient grains may seem new to the American market but they have fed people for thousands of years. (Did you know that amaranth was the staple grain of the Aztecs? It seems it was first cultivated around 6000 B.C.) Now, Bob's wants more Americans to have access to gluten-free whole grains such as millet, quinoa, and teff through this new line of grains.
I'm thrilled to bits they are now selling small bags of the sorghum grain. First grown in Africa, sorghum spread east through the Silk Road trade route. Today, it's still widely eaten in Africa and India. But in the states? Well, it has been nearly impossible for me to find before this. I adore sorghum flour but I have not been able to play with the grain. Now, it's time to start playing.
I'll start first with the curried carrot and sorghum salad on the bag. The recipes on the side of these bags are far more interesting than most packaged foods offer alegria (a sweet treat made with molasses), Central American quinoa soup with serrano chiles and cilantro, sweet millet congee, and Ethiopian teff stew. These dishes from around the world sound very much like the recipes in our new cookbook, Gluten-Free Girl Every Day: simple to prepare but surprising in taste. We want to share the world with our daughter through our food. The fact that Bob's Red Mill has made these grains accessible helps us. And you.
Five of the nine ancient grains that Bob's Red Mill offers amaranth, millet, quinoa, sorghum, and teff are made in the dedicated gluten-free facility. I respect the way Bob's Red Mill has taken care to make sure those of us who are gluten-free can eat such a wide array of foods. Playing with our food just grew easier.
Bob's Red Mill wants to help you discover these grains more easily. They are offering a set of the five grains to five lucky winners. Leave a comment about why you are interested in playing with these grains. Make sure we have your email address! Comments will be closed on Friday, May 31st and winners will be chosen at random. (Open only to residents of the U.S.)


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Thanks to dedicated Watcher Helane Shields for her research on local sludge
1 - Federal Clean Water Act - "disposal or use of sludge is a LOCAL determination"
Title 33, Chapter 26, Subchapter IV, Sec. 1345 – Disposal or use of sewage sludge
(e) Manner of sludge disposal – The determination of the manner of disposal or use of sludge is a
local determination, except that it shall be unlawful for any person to dispose of sludge from a
publicly owned treatment works or any other treatment works treating domestic sewage for any
use for which regulations have been established pursuant to subsection (d) of this section,
except in accordance with such regulations."
1-(a) (b) FEDERAL REGISTER – PREAMBLE TO PART 503
FEDERAL REGISTER - VOLUME 58, No. 32 - Friday, February 19, 1993
Page 9251 - "Preserve a Local Community's Choice of a Disposal Practice.
Although the Agency prefers local communities to use their sewage sludge for its beneficial
properties rather than simply disposing of it, EPA's responsibility is to set standards for each
practice that are adequate to protect public health and the environment.
While the choice of a use or disposal practice is reserved to local communities by section 405(e)
of the CWA (Clean Water Act), protection of public health and the environment, where risks are
significant, dictate stringent pollutant limits."
-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Page 9261 - "Section 405(d)(5) also provides that nothing in the section is intended to waive more
stringent requirements in the CWA or any other law. This means that States AND LOCAL
COMMUNITIES remain free to impose more stringent requirements than those included in today's
In addition, as described later in the preamble, where EPA has established requirements
applicable to sewage sludge under other statutes, compliance with regulations established under
those states also constitutes compliance with part 503.
Section 405(e) was further amended to read as follows:
The determination of the manner of disposal for use of sludge is a LOCAL DETERMINATION,
except that it shall be unlawful for any person to dispose of sludge from a publicly owned
treatment works or any other treatment works treating domestic sewage for any use for which
regulations have been established pursuant to subsection (d) of this section, except in
accordance with such regulations."
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Page 9262 - State Requirements - The information on existing State requirements summarized
below was gathered as part of EPA's effort in developing guidance for writing sewage sludge
interim permits prior to promulgation of the part 503 standards.
Under section 510 of the CWA, States, political subdivisions of States and interstate agencies
retain the authority to adopt or enforce more stringent standards than those provided in today's
part 503 regulations."
(My note: "Political subdivisions" of States include cities, towns, counties and townships.)
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Page 9263 - "In one State, the development and enforcement of controls on all methods of
sewage sludge use and disposal are delegated entirely to local agencies, as is issuance of
permits. In other States, LOCAL AS WELL AS STATE CONTROLS are imposed on the use and
disposal of sewage sludge."
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - ---
Page 9325 - "Although EPA encourages the beneficial use of sewage sludge (e.g. through land
application), the selection of a sewage sludge use or disposal practice, whether land application
or some other use or disposal practice, IS A LOCAL DETERMINATION (e.g. the responsibility of the
municipality or authority responsible for the use or disposal of sewage sludge).
2 - 40 CFR Part 503 (federal sludge rules) Sec. 503.5(b) a political subdivision of a state
may impose requirements for use or disposal of sewage sludge more stringent than part 503
("political subdivisions" of a state include cities, towns, counties, townships, etc.)
40 CFR Part 503.6 "(b) Selection of a use or disposal practice. This part does not require athe
selection of a sewage sludge use or disposal practice. The determination of the manner in which
sewage sludge is used or disposed is a local determination."
2(a) – 40CFR Part 501 -- State sludge management program regulations = local law can be more
(i) Nothing in this part precludes a State or political subdivision
thereof, or interstate agency, from adopting or enforcing requirements
established by State or local law that are more stringent or more
extensive than those required in this part or in any other federal
statute or regulation.
http://www.epa.gov/owm/mtb/biosolids/503pe/ :
4 - Page 2 - LOCAL REGULATIONS may be more stringent than the Federal part 503 rule.
5 - Page 12 - Exclusions from Part 503 - Part 503 does NOT include requirements for the
selection of a biosolids use or disposal practice. The determination of the biosolids use or
disposal practice is a LOCAL DECISION.
6 - Page 23 - EPA says "if allowed under state law, municipalities also may regulate the
use and disposal of biosolids within their borders."
[I disagree with EPA's implication that states may preempt local authority - "if allowed"
- The Clean Water Act does NOT make "local determination" conditional upon permission
from the State . . . nor does it make "local determination" subject to approval, usurpation,
preemption or recision by the State.}
7 - EPA sludge office tells EPA Office of Inspector General investigation of health impacts
from sludge is NOT an EPA responsibility, but the responsibility of NIOSH, CDC AND LOCAL
EPA sludge office tells EPA Office of Inspector General to revise their report to include the
following statement:
"The Agency does support beneficial reuse of biosolids, but IT IS THE
8 - Nov. 2001 - EPA sludge office tells Wisconsin Sludge/Biosolids Coordinator " . . . it is the
responsibility of LOCAL GOVERNMENT to make LOCAL DECISIONS regarding use and
disposal options (of sewage sludge) that are consistent with the Part 503 rule."
[Part 503.5(b) of federal sludge rule provides that cities, towns, counties and townships may
impose requirements for use or disposal of sewage sludge more stringent than part 503
9 - Federal Register - Preamble to Part 503 Sludge Rule --LOCAL COMMUNITIES
10- June 26, 2002 - Robert Bastian of US EPA agrees "IT WAS ALSO CLEARLY
11 - National Research Council - "Biosolids Applied to Land: Advancing Standards and
Practices" - July 2, 2002 - Page 18 - Reiteration of 1996 NRC Recommendations:
" . . . local units of government (should) have the necessary REGULATORY
AUTHORITY to take corrective actions against parties who have violated rules
and guidance."
12 – Nov. 2003 – EPA to Greg Kester, State sludge/biosolids Coordinator – "Biosolids
management option used remains a matter of LOCAL GOVERNMENT CHOICE."
13 – Solano County, California – January 22, 2003 – "The Reporter.com" -- EPA Regulator Alan
Rubin says counties have power to control sludge spreading
14 – OFFICE OF EPA INSPECTOR GENERAL http://biosolids.policy.net/relatives/23201.pdf
March 28, 2002 - pg. 6 – "support State and local decision-making"
15 – Dr. Rufus Chaney, USDA, sludge proponent – July 4, 2002: enforcement rests with LOCAL
governments – not US EPA
16 – Water Environment Federation October 29, 2003, letter to CBS News says "The regulations
allow each LOCAL COMMUNITY to make its own choices about management of biosolids "
17 – July 10, 2003 – G. Tracy Mehan, EPA Ass't Administrator – letter to Virginia Senator John
Warner – "The decision of which use or disposal practice to use is a local decision. Once that
local decision is made, the biosolids must be managed to comply with EPA regulations."
18 – 19 New York Times – Jan. 3, 2004: – EPA won't say sludge is "safe" – supports local control
– acknowledges need for more scientific research and no longer promotes land application over
other disposal methods ""We are not promoting one approach over another," Ben Grumbles,
the acting assistant administrator of the agency's office of water, said of the various choices. "We
are promoting local choice. We believe the current sewage sludge regulations are adequately
protective of human health in the environment."
Pages 20 – 22 July – Oct. 2004 – EPA reaffirms to state sludge biosolids coordinators that it
supports local control and no longer promotes land application over other disposal methods
such as incineration or landfilling – see item (I) below . . .
Page 23 - Sept. 30, 2004 – Email: Dr. Alan Rubin, self described author of federal 40CFR Part 503
sludge rules reaffirms that localities are free to impose more stringent requirements over sludge
biosolids - see item (II) below . . . .
Page 24 - – Nov. 2004 – NH Supreme Court says federal Clean Water Act permits localities to
regulate and ban land application of Class B sewage sludge – see item (III) below . . .
Page 25 - 27 California Court of Appeals rules that Congress authorized local sewage sludge
Pages 28 -31 - REVERSE PREEMPTION – SINCE THE CONGRESS AND FEDERAL LAW CLEARLY
SAY SLUDGE USE OR DISPOSAL IS A LOCAL OPTION, federal law trumps state law and preempts
ANY state law which attempts to prevent communities from enacting local ordinances when
facing the issue of being forced to serve as disposal sites for toxic/pathogenic sewage sludge
from urban and industrial sources.
Item (I)
Here is the link to the National Biosolids Partnership web site, along with 4 recent letters . . . two
from Wisconsin sludge biosolids officials to US EPA and two replies from US EPA.
WI State Biosolids Coordinator Greg Kester 7-30-04 Letter to EPA OWM Director James Hanlon
WI DNR Secretary Scott Hassett 9-13-04 Letter to EPA Administrator Michael Leavitt
EPA OWM Director James Hanlon 9-20-04 Letter to Greg Kester
EPA Acting Assistant Administrator for Water Ben Grumbles 10-7-04 Letter to Scott Hassett
7/30/04 letter from Greg Kester, Wisconsin DNR to Jim Hanlon, US EPA –
"The policy shift that occurred at EPA in early 2000, was significant and very disconcerting to the
implementers of the regulations in the field." (Kester is referring to the EPA position of
"neutrality" on the use or disposal of biosolids that was adopted at US EPA internally in early 2000
when EPA discontinued promoting land spreading of sewage sludge over landfilling or
Kester goes on to say: "It appears that upper management in EPA believes that no preferred
disposition alternative should be stated and is reluctant to defend its own regulations."
Kester concludes: " . . . as regulators believe that the Agency has officially shifted from a
confirmed position of promoting beneficial use as a sustainable environmental solution to one of
neutrality, we appeal to you to reverse that position back to promoting beneficial use. This does
not mean that EPA or a State would mandate decisions at the local level."
9/13/04 letter from Scott Hassett, Wisconsin to Michael Leavitt, EPA administrator:
"We are also requesting that you reissue an official statement that beneficial use of biosolids
through land application or public distribution is preferable as a sustainable environmental
solution, all other things being equal, to disposal in a landfill or incinerator combustion."
"We should be clear that we are not asking that any regulatory agency interfere with local
decisions , but that a general preference be articulated as preferred policy."
Letter 9/20/04 from EPA to Greg Kester, Wisconsin
"In the letter, you stated your concern and opinion that the Environmental Protection Agency
(EPA) should abandon a position of neutrality on the methods for biosolids use or disposal."
"EPA supports the reuse of wastewater and the beneficial reuse of biosolids as viable options
available to communities, but firmly believes that any decisions regarding those choices are local
decisions subject to meeting State regulations in addition to Federal regulations."
"The NRC report issued in July 2002 concluded that, although there is no documented scientific
evidence that the 503 regulations have failed to protect public health, further scientific work is
needed to reduce persistent uncertainty about the potential for adverse human health effects
from exposure to biosolids."
Letter dated October 7, 2004, EPA Benjamin Grumbles to Scott Hassett, Wis DNR:
"The Part 503 regulations outline the use and disposal practices that publicly owned treatment
works may select in their management of biosolids: land application - land filling or surface
disposal - and incineration. Based on the technical and scientific record, and as explained in
the response to Greg Kester's letter, EPA believes that the 40 CFR Part 503 regulations are
protective of public health and the environment."
[Please note Mr. Grumbles is referring to ALL THREE 40 CFR Part 503 disposal options: (1) Land
application – (2) landfilling or surface disposal; and/or (3) Incineration. ]
"As to the request that EPA should issue a statement favoring the beneficial reuse of biosolids
over other uses, we do not believe that EPA should be involved in determining the biosolids
management options most suitable for a particular community." "Just as EPA does not require
or expressly recommend that communities treat their wastewater to reuse standards and reuse it,
or require particular technologies of municipal or industrial permittees to meet the National
Pollutant Discharge Elimination System permit limits, we do not require or expressly recommend
that communities choose beneficial reuse of biosolids."
"EPA supports the reuse of wastewater and the beneficial reuse of biosolids as viable options
available to communities, but firmly believes that any decisions regarding those choices are local
decisions subject to meeting State regulations in addition to Federal regulations."
Here are some points that should be made to state regulators -- particularly those in states such
as Maine, Florida, Pennsylvania and Virginia where the waste industry has sued localities and
encourages officials to preempt unwilling communities and bully them into being disposal sites
for toxic/pathogenic sludge from urban and industrial sources:
The US EPA has very specifically stated its "neutrality" and does NOT favor land spreading of
sewage sludge biosolids over other disposal options such as surface disposal, land filling and/or
The US EPA supports the right of LOCAL communities to make decisions as to the use or disposal
of sewage sludge biosolids within their boundaries.
(3) The US EPA is finally acknowledging the National Research Council findings in 2002 which say
there is persistent uncertainty about potential for adverse health effects from sludge spreading
and a great deal more scientific research is needed before sludge can be pronounced "safe".
This is in stark contrast to claims by the waste industry and some state officials that studies "
prove" land spreading of sewage sludge biosolids poses no risks to human health and the
item (II):
----- Original Message -----
From: <firstname.lastname@example.com>
To: "US Composting Council Compost Discussion List" <firstname.lastname@example.com>
Sent: Thursday, September 30, 2004 3:43 PM
Subject: RE: [USCC] Suggestion on Modifying Part 503 Standards toAccomodateComposts
Composters and State/Local regulatory authorities are free to impose
more stringent requirements on biosolids, biosolids processing/treatment
such as composting, and finished biosolids composts. Less stringent
measures are considered not to be in compliance with the part 503
Standards and is not allowed.
As I said before, any amendments to the part 503 Standards must be done
by EPA in Notice and comment rulemaking.
Alan B. Rubin, Ph.D., Senior Scientist
Biosolids Team
Office of Science and Technology
U.S. Environmental Protection Agency
Washington, DC 20460
Ph: 202-566-1125
Fax: 202-566-1139
item (III)
NH Court Rules Against Dumping of Most Infectious Sludge
This is a very important court ruling as it specifically cites the federal Clean Water Act as
authorizing local control over land spreading of sewage sludge biosolids :
"Under the federal Clean Water Act, the Environmental Protection Agency has the authority to
approve state sludge management programs. 33 U.S.C. § 1345 (2000); 40 C.F.R. § 501.1(b). States
must meet the minimum requirements set forth under the federal regulations to gain approval. 40
C.F.R. § 501.1(c). The regulations provide that:
Nothing in this part precludes a State or political subdivision thereof . . . from adopting or
enforcing requirements established by State or local law that are more stringent or more
extensive than those required in this part or in any other federal statute or regulation."
No. 2003-421
Nathaniel S. Thayer
Town of Tilton
Argued: May 19, 2004
Opinion Issued: November 30, 2004
TO READ THE 104 PAGE DECISION: http://www.courtinfo.ca.gov/cgi-bin/opinions.cgi
Date Posted Docket #/
File Format Description
Apr 01 2005 F043095
[PDF] [DOC] Co. Sanitation Dist. v. CA Assn. of Sanitation Agencies 4/1/05 CA5
COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY et al.,
Plaintiffs, Cross-defendants and Appellants,
CALIFORNIA ASSOCIATION OF SANITATION AGENCIES et al.,
Plaintiffs and Appellants,
Defendant, Cross-complainant and Appellant;
Defendant and Appellant;
ARVIN-EDISON WATER STORAGE DISTRICT et al.,
Interveners and Respondents.
(Super. Ct. No. 189564)
Congress Authorized Local Sewage Sludge Ordinances
Congress has not been silent on the issue of local regulation of the land application of sewage
sludge. Specifically, the Clean Water Act authorizes some degree of local control over the use
and disposal of sewage sludge so long as federal regulatory standards are met:
"The determination of the manner of disposal or use of sludge is a local determination, except
that it shall be unlawful for any person to dispose of sludge from a publicly owned treatment
works or any other treatment works treating domestic sewage for any use for which regulations
have been established pursuant to subsection (d) of this section, except in accordance with such
regulations." (33 U.S.C.A. § 1345(e).)
The regulations of the EPA reiterate this aspect of local control:
"Nothing in this part precludes a State or political subdivision thereof … from imposing
requirements for the use or disposal of sewage sludge more stringent than the requirements in
this part or from imposing additional requirements for the use or disposal of sewage sludge." (40
C.F.R. § 503.5(b) (2005).)
"Where state or local government action is specifically authorized by Congress, it is not subject
to the Commerce Clause even if it interferes with interstate commerce. Southern Pacific Co. v.
Arizona, 325 U.S. 761, 769 … (1945)." (Ibid.) As the United States Supreme Court has noted,
however, "for a state regulation to be removed from the reach of the dormant Commerce Clause,
congressional intent must be unmistakably clear." (South-Central Timber Dev. v. Wunnicke (1984)
Page 68 - It is unmistakably clear that Congress intended "the manner of disposal or use of
sludge [to be] a local determination" so long as minimum federal standards were met. (33 U.S.C.A.
§ 1345(e).) It is equally clear that the restriction in Ordinance G‑6638—that only sewage sludge
meeting the heightened treatment standards can be applied to land in Kern County—reflects a
local determination of the manner of disposal or use of sewage sludge.(73) Thus, the heightened
treatment standards are the type of local regulation expressly authorized by the Clean Water Act.
(Cf. Welch, supra, 888 F.Supp. at p. 760 [ordinance banning the land application of sewage sludge
permissible under Clean Water Act].) Because Congress authorized a local ban on the land
application of sewage sludge (Welch, supra, at pp. 757-758), one can strongly infer that Congress
also authorized local governments to impose a lesser burden on commerce such as the
heightened treatment standards in provision 8.05.040(A) of Ordinance G‑6638. (See Posadas de
Puerto Rico Assoc. v. Tourism Co. (1986) 478 U.S. 328, 345-346 [the greater power to ban an
activity necessarily includes the lesser power to impose conditions on the activity].)
[73]Plaintiffs argue the statutory phrase "local determination" refers only to the decisions made
by a wastewater treatment agency and excludes ordinances adopted by land use agencies such
as County. We reject this statutory construction because, among other things, it cannot be
reconciled with the EPA's regulation concerning local imposition of requirements for the use or
disposal of sewage sludge. (See 40 C.F.R. § 503.5(b) (2005).)
Page 70: In this context, discrimination means "differential treatment of in-state and out-of-state
economic interests that benefits the former and burdens the latter." (Ibid.)
Ordinance G‑6638 does not on its face discriminate against interstate commerce, because its
provisions apply to the land application of all sewage sludge regardless of its geographical
origin. (See Goldfarb, Sewage Sludge, supra, 26 B.C. Envtl. Aff. L.Rev. at p. 722 ["local ordinance
upheld in Welch banned all land application of sewage sludge, not just sewage sludge generated
Page 71: Therefore, the correct comparison is between the impact of the ordinance on sewage
sludge generated outside the jurisdictional authority of County and the impact on sewage sludge
generated within that area.
Page 73: . Because Congress has specifically and unmistakably authorized nondiscriminatory
local ordinances like Ordinance G‑6638, our analysis of the dormant commerce clause need not
consider "whether the ordinance imposes a burden on interstate commerce that is 'clearly
excessive in relation to the putative local benefits,' Pike v. Bruce Church, Inc., 397 U.S. 137, 142
… (1970)." (C & A Carbone, Inc. v. Clarkstown, supra, 511 U.S. at p. 390.) Application of the Pike
test is inappropriate in this case because the enactment of the Clean Water Act reflects a
determination by Congress that local regulation is appropriate, which necessarily implies that
localities have a legitimate purpose in regulating the use and disposal of sewage sludge within
their jurisdictional boundaries and that the local benefits from such a regulation outweigh any
nondiscriminatory burdens on interstate commerce that might result.
Page 74 – April 30, 2007 – US Supreme Court
United Haulers Association v. Oneida-Herkimer Solid Waste
Management Authority
CHIEF JUSTICE ROBERTS delivered the opinion of the
Court, except as to Part II–D.
e-page 3
"It is not the office of the Commerce Clause to control the voters' decision in this regard. The
Court is particularly hesitant to interfere here because waste disposal is typically and traditionally
a function of local government exercising its police power. Nothing in the Commerce Clause
vests the responsibility vests the responsibility for such a policy judgment with the Federal
Judiciary. "
e-page 15
"We should be particularly hesitant to interfere with the
Counties' efforts under the guise of the Commerce Clause
because "[w]aste disposal is both typically and traditionally
a local government function." 261 F. 3d, at 264 (case
below) (Calabresi, J., concurring); see USA Recycling, Inc.
v. Town of Babylon, 66 F. 3d 1272, 1275 (CA2 1995) ("For
ninety years, it has been settled law that garbage collection
and disposal is a core function of local government in
the United States"); M. Melosi, Garbage in the Cities:
Refuse, Reform, and the Environment, 1880–1980, pp.
153–155 (1981). Congress itself has recognized local government
's vital role in waste management, making clear
that "collection and disposal of solid wastes should continue
to be primarily the function of State, regional, and
local agencies." Resource Conservation and Recovery Act
of 1976, 90 Stat. 2797, 42 U. S. C. §6901(a)(4). "
e-page 18
The Counties' ordinances are exercises of the police
power in an effort to address waste disposal, a typical and
traditional concern of local government.
Federal law – the US Code – Resource Recovery & Conservation Act (RCRA) defines sewage
sludge as a "solid waste" :
§ 6903. Definitions
As used in this chapter:
(26A) The term "sludge" means any solid, semisolid or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply treatment plant, or air
pollution control facility or any other such waste having similar characteristics and effects.
(27) The term "solid waste" means any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant, or air pollution control facility and other discarded material,
including solid, liquid, semisolid, or contained gaseous material resulting from industrial,
commercial, mining, and agricultural operations, and from community activities . . .
Pages 28 -31 - REVERSE PREEMPTION – SINCE THE CONGRESS AND FEDERAL LAW CLEARLY
SAY SLUDGE USE OR DISPOSAL IS A LOCAL OPTION, federal law trumps state law and preempts
ANY state law which attempts to prevent communities from enacting local ordinances when
facing the issue of being forced to serve as disposal sites for toxic/pathogenic sewage sludge
from urban and industrial sources.
Sent: Wednesday, January 05, 2005 4:53 PM
Subject: SUPREMACY CLAUSE FEDERAL LAW TRUMPS STATE LAW - SEARCH TERM: FEDERAL
According to LectLaw, Under the Supremacy Clause, everyone must follow federal law in the face
of conflicting state law. It has long been established that "a state statute is void to the extent that
it actually conflicts with a valid federal statute" and that a conflict will be found either where
compliance with both federal and state law is impossible or where the state law stands as an
obstacle to the accomplishment and execution of the full purposes and objectives of Congress.
Edgar v. Mite Corp., 457 U.S. 624, 631 (1982). Similarly, we have held that "otherwise valid state
laws or court orders cannot stand in the way of a federal court's remedial scheme if the action is
essential to enforce the scheme."
Toussaint v. McCarthy, 801 F.2d 1080, 1089 (9th Cir. 1986), cert. denied, 481 U.S. 1069 (1987). This
is critical because "a federal district court's exercise of discretion to enjoin state political bodies
raises serious questions regarding the legitimacy of its authority." If Congress expressly
provides for exclusive federal dominion or if it expressly provides for concurrent federal-state
jurisdiction, the task of the Court is simplified, though, of course, there may still be doubtful areas
in which interpretation will be necessary.
Preemption of state and local laws in the United States
From TheBestLinks.com
In the United States federal statutes can limit the state's powers by invalidating conflicting state
and local laws. One way that this can be achieved is by Congress passing a law, preempting state
or local law. State powers can also be limited by the Supremacy Clause.
Article VI, section 2 of the United States Constitution states: 'This Constitution, and the Laws of
the United States which shall be made in Pursuance there of: and all Treaties made, or which shall
be made, under the Authority of the United States, shall be the supreme Law of the Land; and
Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State
to the Contrary not withstanding.' This clause is commonly referred to as the 'Supremacy Clause.'
The Supremacy Clause says that federal law is the 'Supreme Law of the Land.' This means that if a
state or local law is in conflict with a federal statute, the federal statute will preempt the state or
local law.
Two situations where preemption claims might arise: express preemption and implied preemption.
Express preemption occurs where Congress says within the statute 'we hereby preempt.' Here,
federal laws are explicitly precluding state and local regulations.
Implied preemption has, within itself, three sub-categories: conflicts preemption, preemption
because state law impedes the achievement of a federal objective, and preemption because
federal law occupies the field.
Conflicts preemption is where it is impossible to comply with both the federal statute and the
state or local law. In this situation, the federal statute must be followed. It is, however,
appropriate to have two laws, one federal and one state, that differ. The federal law, in this case,
may be a minimum standard, while the state enacts a law to be more strict. State law, therefore,
would not be preempted. Preemption would only occur if the federal and state laws were mutually
The second type of implied preemption is preemption because state law impedes the
achievement of a federal objective. This type of preemption occurs when a state or local law
interferes with a goal or objective Congress was trying to attain with a federal statute. The
purpose of each law must be determined and compared to each other. If both laws are trying to
achieve the same goal, federal law will preempt the state or local regulation.
The final type of implied preemption is preemption because federal law occupies the field. In this
situation, one must look at Congress's intent, and whether the federal law was meant to be
exclusive in that area. The most common examples are in areas of foreign policy and immigration.
Preemption (law)
From Wikipedia, the free encyclopedia
Jump to: navigation, search
This article is about the power of federal law in the United States
In the legal system of the United States, preemption generally refers to the displacing effect that
federal law will have on a conflicting or inconsistent state law. The Supremacy Clause (Article VI,
section 2) of the United States Constitution states that the Constitution and other federal laws are
the "supreme Law of the Land". Thus, when there is a conflict between a state law and federal
law, the federal law trumps--or "preempts"--the state law. The term is also sometimes used to
refer to the displacing effect state laws might have on ordinances enacted by municipalities.
March 2, 2005
Federal Law Trumps State For Arbitrators
A Panel Sides With Stock Exchanges Over Ethics Rules
By Donna Domino
THE DAILY JOURNAL - Two national stock exchanges scored a significant victory Tuesday in their
fight against California's strict new ethics rules for arbitrators after a federal appeals panel found
the rules are pre-empted by federal laws.
The unanimous ruling by a panel of the 9th U.S. Circuit Court of Appeals upheld a decision by U.S.
District Judge Saundra B. Armstrong of Oakland regarding the pre-emption issue. While the 9th
Circuit's ruling derailed the ethics rules in securities cases, the rules remain intact for other
kinds of disputes. Credit Suisse First Boston Corp. v. Grunwald, 03-15695.
2nd Circuit: Federal Statute Trumps State on Peer Review Records
Mark Hamblett
New York Law Journal
May 18, 2006
Printer-friendly Email this Article Reprints & Permissions
A federal statute requires the release of a medical facility's peer review records despite state law
shielding their confidentiality, the 2nd U.S. Circuit Court of Appeals has ruled.
Clearing the way for the release of peer review records sought for investigations into the deaths
of two mentally ill patients at state-administered hospitals, the circuit said the plain language of
the Protection and Advocacy for Individuals with Mental Illness Act, 42 U.S.C. §§10801-10851,
trumps state law.
E-Commerce News
Downloader Pays $750 Per Song; Federal Law Trumps Minnesota Wireless Statute
January 31, 2006
A state law designed to protect consumers from changes in wireless contracts is preempted by
the 1934 Federal Communications Act (ironic considering that in 1934 no one could have even
imagined the concept of "wireless"), according to a federal appellate court sitting in Minnesota.
The court determined that the state law was preempted because it had a direct impact on the
rates that providers may charge subscribers.
Under the Supremacy Clause, everyone must follow federal law in the face of conflicting state
law. It has long been established that "a state statute is void to the extent that it actually conflicts
with a valid federal statute". Federal law clearly gives localities the right to regulate the use or
disposal of sewage sludge in their communities. By what authority do states enact laws which
usurp and preempt the 'local control' rights granted by Congress to local communities?