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#26may23
dailyniallnews · 1 year
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Boston Calling | May 26, 2023
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louistomlinsoncouk · 1 year
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Louis singing All This Time on stage in Uncasville, CT - 26/5
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larrylimericks · 1 year
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26May23
Lou’s set leaked but none could predict All This Time and World Class Megamixed; Blue/green, rainbowed and gay, Then he went on to slay A 1D tune penned by his nemesis.
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nebquerna · 1 year
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26may23 - dunsparce
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germ-t-ripper · 1 year
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26MAY23 The first step towards success is taken when you refuse to be a captive of the environment in which you first find yourself.
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janinetadulan · 1 year
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26May23
The most competitive that we've been
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jackiehadel1 · 1 year
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TALLINN, ESTONIA 🇪🇪 STREET ART: PROMINENCE
26may23
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masterofd1saster · 1 year
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CJ court watch 26may23
SCt decided three cases yesterday.  Two seem significant.
Sackett v. EPA,  598 U. S. ____ (2023) unanimously held that EPA exceeded its authority in defining the Sacketts’ yard as “waters of the United States.”  Congress did not clearly define “waters of the United States.”   This is important b/c nobody ever elected anyone in the EPA.  There were a couple concurrences.
Michael and Chantell Sackett have spent well over a decade navigating the CWA, and their voyage has been bumpy and costly. In 2004, they purchased a small lot near Priest Lake, in Bonner County, Idaho. In preparation for building a modest home, they began backfilling their property with  dirt and rocks. A few months later, the EPA sent the Sacketts a compliance order informing them that their backfilling violated the CWA because their property contained protected wetlands. The EPA demanded that the Sacketts immediately “‘undertake activities to restore the Site’” pursuant to a “‘Restoration Work Plan’” that it provided. Sackett v. EPA, 566 U. S. 120, 125 (2012). The order threatened the Sacketts with penalties of over $40,000 per day if they did not comply****
According to the EPA, the “wetlands” on the Sacketts’ lot are “adjacent to” (in the sense that they are in the same neighborhood as) what it described as an “unnamed tributary” on the other side of a 30-foot road. [emphasis added] App. 33. That tributary feeds into a non-navigable creek, which, in turn, feeds into Priest Lake, an intrastate body of water that the  EPA designated as traditionally navigable. To establish a significant nexus, the EPA lumped the Sacketts’ lot together with the Kalispell Bay Fen, a large nearby wetland complex that the Agency regarded as “similarly situated.” According to the EPA, these properties, taken together, “significantly affect” the ecology of Priest Lake. Therefore, the EPA concluded, the Sacketts had illegally dumped soil and gravel onto “the waters of the United States.”***
[The EPA/Corps of Engineers] puts many property owners in a precarious position because it is “often difficult to determine whether a particular piece of property contains waters of the United States.” Hawkes Co., 578 U. S., at 594; see 40 CFR §230.3(t) (2008). Even if a property appears dry, application of the guidance in a complicated manual ultimately decides whether it contains wetlands. See 88 Fed. Reg. 3117; Wetlands Delineation Manual 84–85 (describing “not . . . atypical” examples of wetlands that periodically lack wetlands indicators);***
As noted, the Act applies to “navigable waters,” which had a well-established meaning at the time of the CWA’s enactment. But the CWA complicates matters by proceeding to define “navigable waters” as “the waters of the United States,” §1362(7), which was decidedly not a well-known term of art. This frustrating drafting choice has led to decades of litigation, but we must try to make sense of the terms Congress chose to adopt. And for the reasons explained below, we conclude that the Rapanos plurality was correct: the CWA’s use of “waters” encompasses “only those relatively permanent, standing or continuously flowing bodies of water ‘forming geographic[al] features’ that are described in ordinary parlance as ‘streams, oceans, rivers, and lakes.’” 547 U. S., at 739 (quoting Webster’s New International Dictionary 2882 (2d ed. 1954) (Webster’s Second); original alterations omitted). This reading follows from the CWA’s deliberate use of the plural term “waters.” See 547 U. S., at 732–733. That term typically refers to bodies of water like those listed above. See, e.g., Webster’s Second 2882; Black’s Law Dictionary***
This reading also helps to align the meaning of “the waters of the United States” with the term it is defining: “navigable waters.”***
Wetlands that are separate from traditional navigable waters cannot be considered part of those waters, even if they are located nearby.***
we hold that the CWA extends to only those wetlands that are “as a practical matter indistinguishable from waters of the United States.” Rapanos, 547 U. S., at 755 (plurality opinion) (emphasis deleted). This requires the party asserting jurisdiction over adjacent wetlands to establish “first, that the adjacent [body of water constitutes] . . . ‘water[s] of the United States,’ (i.e., a relatively permanent body of water connected to traditional interstate navigable waters); and second, that the wetland has a continuous surface connection with that water, making it difficult to determine where the ‘water’ ends and the ‘wetland’ begins.” Id., at 742.***
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Tyler v. Hennepin County,  598 U. S. ____ (2023) is another unanimous decision.  The result is so obvious to me that I’m a little surprised Hennepin Country litigated this case so far.  J. Gorsuch had a concurrence worth reading.
Hennepin County, Minnesota, sold Geraldine Tyler’s home for $40,000 to satisfy a $15,000 tax bill. Instead of returning the remaining $25,000, the County kept it for itself. The question presented is whether this constituted a taking of property without just compensation, in violation of the Fifth Amendment.***
Geraldine Tyler is 94 years old. In 1999, she bought a one-bedroom condominium in Minneapolis and lived alone there for more than a decade. But as Tyler aged, she and her family decided that she would be safer in a senior community, so they moved her to one in 2010. Nobody paid the property taxes on the condo in Tyler’s absence and, by 2015, it had accumulated about $2300 in unpaid taxes and $13,000 in interest and penalties. Acting under Minnesota’s forfeiture procedures, Hennepin County seized the condo and sold it for $40,000, extinguishing the $15,000 debt. App. 5. The County kept the remaining $25,000 for its own use.***
The County had  the power to sell Tyler’s home to recover the unpaid property taxes. But it could not use the toehold of the tax debt to confiscate more property than was due. By doing so, it effected a “classic taking in which the government directly appropriates private property for its own use.”***
The principle that a government may not take more from a taxpayer than she owes can trace its origins at least as far back as Runnymeade in 1215, where King John swore in the Magna Carta that when his sheriff or bailiff came to collect any debts owed him from a dead man, they could remove property “until the debt which is evident shall be fully paid to us; and the residue shall be left to the executors to fulfil the will of the deceased.”***
The Takings Clause “was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.” Armstrong, 364 U. S., at 49. A taxpayer who loses her $40,000 house to the State to fulfill a $15,000 tax debt has made a far greater contribution to the public fisc than she owed. The taxpayer must render unto Caesar what is Caesar’s, but no more. 
Because we find that Tyler has plausibly alleged a taking under the Fifth Amendment, and she agrees that relief under “the Takings Clause would fully remedy [her] harm,” we need not decide whether she has also alleged an excessive fine under the Eighth Amendment. Tr. of Oral Arg. 27. The judgment of the Court of Appeals for the Eighth Circuit is reversed.
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j-a-smiths-blog · 1 year
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1440 26May23: received my findings yesterday.
I took a two minute pause in between writing that and writing this. I can't be upset with the numbers that gave me, but I am confused as to why they associated two of my medical conditions as 1 and gave me zero percent for another.
I'll have some appointments that I will have to set up to get the rest of the percentage.
Right now, I am watching YouTube, and I ran across some stuff that is actually distracting me, and I feel like I need to get my sketch book out and do this! I am on day one of my four days off. So far, it's been super slow, mostly because my wife is in California and I was able to knock out the stuff I needed to do today all before lunch so I've been basically just lounging around and napping off and on. Maybe I should charge up my cameras and do some sunset and early night photography tonight. Guess I should check the weather!
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dailyniallnews · 1 year
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Boston Calling | May 26, 2023
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louistomlinsoncouk · 1 year
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Louis by the barricade in Uncasville, CT - 26/5
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graemepark · 1 year
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THIS IS GRAEME PARK: LONG LIVE HOUSE RADIO SHOW 26MAY23
THIS IS GRAEME PARK: LONG LIVE HOUSE RADIO SHOW 26MAY23
In this week’s Long Live House Radio Show:
Underground Resistance
Greg Cerrone & Claudia Kennaugh
Donna Allen
Raven Maize
Kuu, Riton & Alex Metric
Roach Motel
Serge Santiago
Soul Clap
Ten City
Aretha Franklin
Sophie Lloyd feat. Dames Brown
Those Guys
Virgo
Soul Central & Kathy Brown
Lenny Fontana and more.
LONG LIVE HOUSE RADIO SHOW 02JUN23
Title (Mix), Artist
That's The Way Love Is (Soul Avengerz Extended Remix), Ten City
Back For You (Mana's Dub), Crackazat
Lose Control (Original Mix), Manodom
Get Down (Extended Mix), Eden Prince
I Want You (Extended Mix), Butch & Nic Fanciulli
Doing Our Own Thing (Dimitri From Paris Remix Part 2), Casbah 73
Marino, Greg Paulus & Taylor Bense feat. Big $exy
I Can't See (Original Mix), DJ Totalee
Let The Light In (Extended Mix), Archie Hamilton feat. HQA
Polaroids (Glenn Davis Remix), Gratts
Emotional Dancing, Patchouli Brothers
Stupidisco (Hott 22 Vocal Mix), Junior Jack
This Is Acid (Boys Noize Rework), Maurice Joshua
Higher State Of Consciousness (Adana Twins Remix 01), Wink
That's The Way Love Is (Louie Vega Mix), Ten City
Track 03, Eros
Rise Up (Deep In Jersey Mix), Harry Romero & Inaya Day
Possibly Impossible (Crackazat Remix), Cor.ece
I'm Happy (Extended Happy), World Power feat. Althea McQueen
One Man (Intense Mix), Chanelle
My Family Depends On Me (Graeme Park Positive Disco Vibe), Simone
Beat The Street (Tony Humphries Kiss 98 Mastermix), Sharon Redd
Circles (Joey Negro Extended Disco Mix), Atlantic Starr
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wora2519 · 1 year
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26may23 #netjames #NatJamesInJapanD2 funny day
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dailyniallnews · 1 year
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Boston Calling | May 26, 2023
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dailyniallnews · 1 year
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Boston Calling | May 26, 2023
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dailyniallnews · 1 year
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Boston Calling | May 26, 2023
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