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COLLEEN KOLLAR-KOTELLY, United States District Judge.
*1 In Claim Three of Plaintiffs' Amended Complaint, Plaintiffs had alleged that, �by creating a fee-for-service ante-mortem horse slaughter inspection system without first conducting any environmental review under the National Environmental Policy Act [ (NEPA) ], 42 U.S.C. § 4321, et seq., [United States Department of Agriculture (USDA) ] has violated NEPA and the [Council on Environmental Quality's (CEQ's) ] implementing regulations, abused its discretion, and acted arbitrarily and capriciously in violation of the Administrative Procedure Act [ (APA) ], 5 U.S.C. § 706(2).� Am. Compl. ¶ 98. On March 28, 2007, the Court issued an [67] Order and accompanying [68] Memorandum Opinion with respect to Claim Three, granting [39] Plaintiffs' Motion for Summary Judgment, denying [37] Defendants' Motion to Dismiss, or Alternatively, for Summary Judgment, and denying [38, 40] Defendant-Intervenors' Motion to Dismiss or, in the Alternative, for Summary Judgment on Claim Three of Plaintiffs' First Amended Complaint. In its Order, the Court declared the Interim Final Rule at issue to be in violation of the APA and NEPA, vacated the Interim Final Rule, permanently enjoined the Food Safety and Inspection Service (FSIS) from implementing the Interim Final Rule, and dismissed this case in its entirety.
Presently before the Court is Defendant-Intervenor Cavel International, Inc's [69] Emergency Motion for a Stay of the Court's March 28, 2007 Order. On April 3, 2007, the Federal Defendants indicated that while they �support[ed]� Cavel's motion, they would �not file a brief as the Federal Defendants' previous filings comprehensively present the Federal Defendants' position.� See dkt. entry April 3, 2007. On April 6, 2007, Plaintiffs filed an Opposition. Defendant-Intervenor Cavel (hereinafter, �Cavel�) indicated that it will not file a Reply. See dkt. entry [71] at 1. Based on a review of the Parties' filings, the relevant statutes and case law, and the history of the case (including the Court's prior orders and memorandum opinions in this case), the Court shall DENY [69] Defendant-Intervenor Cavel's Emergency Motion for a Stay of the Court's March 28, 2007 Order.
A. Factual History FN1
FN1. The Court shall repeat the factual predicate and procedural history, to the extent applicable, as set out in its March 28, 2007 Memorandum Opinion. See [68] Mem. Op. at 3-7.
At the time Plaintiffs filed their Complaint, horses were slaughtered at three different foreign-owned facilities in the United States to provide horse meat for human consumption abroad and for use in zoos and research facilities domestically. The instant case pertains to the web of legislation and regulations pertaining to the inspection of such horses prior to slaughter. The Court notes that as of the Court's March 28, 2007 Order and Memorandum Opinion, Cavel was the only facility still in operation processing horsemeat for human consumption, see Cavel's Mem. to Stay Order at 2-3, as a recent ruling of the United States Court of Appeals for the Fifth Circuit held that the other two Intervenors could be prosecuted for violating a Texas law that �on its face prohibits the processing, sale or transfer of horsemeat for human consumption.� Empacadora de Carnes de Fresnillo, S.A. de C.V. v. Curry, 476 F.3d 326, 329 (5th Cir.2007).
*2 On November 10, 2005, Section 794 of the FY 2006 Agricultural Appropriations Act was signed into law. Introduced by members of Congress as an amendment to the FY 2006 Agricultural Appropriations Act, the Amendment provides:
Effective 120 days after the date of enactment of this Act, none of the funds made available in this Act may be used to pay the salaries or expenses of personnel to inspect horses under section 3 of the Federal Meat Inspection Act (21 U.S.C. Sec. 603) or under the guidelines issued under section 903 of the Federal Agriculture Improvement and Reform Act of 1996.
See Pub.L. 109-97, § 794, 119 Stat. 2120, 2164 (A.R.51). The provision of the Federal Meat Inspection Act (�FMIA�), 21 U.S.C. § 603, pertaining to the inspection of horses provides: �For the purpose of preventing the use in commerce of meat and meat food products which are adulterated, the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all amenable species [including cattle, sheep, swine, goats, horses, mules, and other equines] before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishment, in which they are to be slaughtered and the meat and meat food products thereof are to be used in commerce....� 21 U.S.C. § 603(a). See also 21 U.S.C. § 601(w)(1). The provision of section 903 of the Federal Agriculture Improvement and Reform (FAIR) Act of 1996 pertaining to the inspection of horses relates to inspections during the transport of horses, which is not at issue in the instant case. Plaintiffs understand the FY 2006 Amendment to in effect prohibit the slaughter of horses for human consumption. Pls.' Mot. for Prelim. Inj. at 10.
On November 23, 2005, Beltex Corporation, Dallas Crown, Inc., and Cavel (collectively the �Slaughter Facility Operators�) filed a petition for �emergency rulemaking� with the USDA to create a �fee-for-service� inspection program with respect to ante-mortem horse inspections and transportation-related horse inspections. Pls .' Mot. for Prelim. Inj., Ex. 10 (Petition) at 1. On February 8, 2006, FSIS published in the Federal Register an amendment to 9 C.F.R. Pt. 352, �amending the Federal meat inspection regulations to provide for a voluntary fee-for-service program under which official establishments that slaughter horses will be able to apply for and pay for ante-mortem inspection.� 71 Fed.Reg. 6337, 6337 (Feb. 8, 2006). The �interim final rule� was given an effective date of March 10, 2006; additionally, FSIS provided a shortened comment period �because it is issuing an interim final rule and finds that it is in the public interest for [FSIS] to receive comments on an expedited basis� before March 10, 2006, the date on which the 2006 Amendment to the Agricultural Appropriations Act would take effect. Id. at 6337, 6340. Elaborating on the need for immediate action, FSIS states:
*3 [w]ith the passage of the FY 2006 Appropriations Act, if FSIS does not establish a means for official establishments that slaughter horses to obtain anti-mortem inspection, these establishments will not be able to operate and presumably will be forced out of business. This interim final rule is necessary to avoid disruption of operations at official establishments that slaughter horses. Therefore, the Administrator has determined that prior notice and opportunity for public comment are impracticable and contrary to the public interest under 5 U.S.C. 553(b), and that there is good cause under 5 U.S.C. 553(d) for making the action effective as specified herein.
Id. at 6340. FSIS further specified that it is �establishing this fee-for-service program under the Agricultural Marketing Act (AMA).� Id. at 6337.
B. Procedural History
In Plaintiffs' [3] First Amended Complaint, filed on February 21, 2006, Plaintiffs made three claims for relief. First, Plaintiffs claimed that the fee-for-service inspection system was created in violation of the APA, 5 U.S.C. § 553, because advance public notice and opportunity to comment was not provided. Am. Compl. ¶¶ 94, 95. Second, Plaintiffs claimed that Defendants violated the APA, 5 U.S.C. § 706, principally by acting arbitrarily and capriciously in violation of both the 2006 Agricultural Appropriations Act Amendment and the FMIA. Am. Compl. ¶¶ 96, 97. Finally, Plaintiffs claimed that Defendants violated NEPA and its implementing regulations by acting arbitrarily and capriciously in violation of the APA, 5 U.S.C. § 706. Am. Compl. ¶¶ 98, 99.
Shortly after filing their First Amended Complaint, Plaintiffs filed [4] Plaintiffs' Motion for a Temporary Restraining Order and for a Preliminary Injunction, and Request for a Hearing (�Motion for Preliminary Injunction�) on February 22, 2006. In their Motion, Plaintiffs reiterated the grounds for relief stated in their First Amended Complaint and furthermore requested that the Court preliminarily enjoin and declare unlawful the fee-for-service ante-mortem inspection program that would become effective on March 10, 2006 on the grounds that Plaintiffs had demonstrated likelihood of success on the merits, irreparable harm, lack of harm to Defendants, and public interest factors necessary to obtain injunctive relief. Pls.' Mot. for Prelim. Inj. at 1-2. On February 24, 2006, Beltex Corporation, Cavel, and Dallas Crown, Inc. filed an unopposed [7] Motion to Intervene as of right as Defendants, which was granted by the Court on March 1, 2006. On March 14, 2006, the Court issued an [21] Order and [22] Memorandum Opinion denying Plaintiffs' request for a preliminary injunction and dismissing Claims One and Two of Plaintiffs' Amended Complaint. The Court also noted that unclear briefing and incomplete documentation by both sides with respect to Plaintiffs' NEPA claim precluded the Court from making a determination on the merits based on the record before it.
*4 Following the Court's March 14, 2006 ruling, the Parties submitted Motions for Summary Judgment with respect to Claim Three of the Amended Complaint. On May 1, 2006, Defendants filed [37] Defendants' Motion to Dismiss, or Alternatively, for Summary Judgment; Defendant-Intervenors filed [38, 40] Defendant-Intervenors' Motion to Dismiss or, in the Alternative, for Summary Judgment on Claim Three of Plaintiffs' First Amended Complaint; and Plaintiffs filed [39] Plaintiffs' Motion for Summary Judgment.
On March 24, 2006, Plaintiffs also filed [23] Plaintiffs' Motion Under Fed.R.Civ.P. 54(b) for Reconsideration of the Court's Sua Sponte Dismissal of Claims One and Two or, In the Alternative, for Certification of Those Claims for Immediate Appellate Review, and Request for an Expedited Hearing. Therein, Plaintiffs asked the Court to reconsider its dismissal of Claims One and Two, which had been made on the Court's finding that Plaintiffs lacked prudential standing to pursue the claims set forth in these two claims. Pls.' Mot. Reconsider at 1. Plaintiffs further requested that in the alternative, the Court certify Claims One and Two for immediate appellate review. Id. Finally, Plaintiffs requested a hearing related to their Motion to Reconsider. Id.
On August 28, 2006, the Court issued an [53] Order and [54] Memorandum Opinion granting Plaintiffs' [23] Motion to Reconsider with respect to the Court's dismissal of Claim One of the Amended Complaint, but denying Plaintiffs' Motion with respect to Claim Two of the Amended Complaint. Furthermore, the Court denied Plaintiffs' request for certification for immediate appellate review with respect to Claim Two and denied Plaintiffs' request for a hearing as unnecessary and counter to the interests of judicial economy. The Court also provided a briefing schedule with respect to Claim One, and indicated that the Court would address Plaintiffs' NEPA claim (Claim Three) at the same time it addressed briefing with respect to Claim One. Following the Court's August 28, 2006 ruling, the Parties (Plaintiffs, Defendants, and Defendant-Intervenors) submitted Motions for Summary Judgment with respect to Claim One.
Finally, on March 28, 2007, the Court issued an [67] Order and an accompanying 49-page [68] Memorandum Opinion with respect to Claim Three, granting [39] Plaintiffs' Motion for Summary Judgment; denying [37] Defendants' Motion to Dismiss, or Alternatively, for Summary Judgment; and denying [38, 40] Defendant-Intervenors' Motion to Dismiss or, in the Alternative, for Summary Judgment on Claim Three of Plaintiffs' First Amended Complaint. Based on the Court's finding of a NEPA violation, the Court declared the Interim Final Rule to be in violation of the APA and NEPA, vacated the Interim Final Rule, permanently enjoined the FSIS from implementing the Interim Final Rule, and dismissed this case. (The Court also determined that it need not reach the issue of whether the Notice and Comment provisions of the APA were violated in the promulgation of the Interim Final Rule at issue, accordingly denying as moot [55] Plaintiffs' Motion for Summary Judgment on Claim One; [58] Defendant-Intervenors' Cross-Motion for Summary Judgment on Claim One of Plaintiffs' First Amended Complaint; and Defendants' [60] Motion for Summary Judgment on Claim One and Defendants' Motion to Dismiss, or Alternatively for Summary Judgment on this Claim.)
*5 On April 2, 2007, Cavel, which operates in DeKalb, Illinois, filed an [69] Emergency Motion for a Stay of the Court's March 28, 2007 Order. The Court notes that the other two Intervenors-Beltex Corporation and Dallas Crown, Inc.-did not join Cavel in filing its Emergency Motion. On April 3, 2007, the Federal Defendants indicated that while they �support[ed]� Cavel's motion, they would �not file a brief as the Federal Defendants' previous filings comprehensively present the Federal Defendants' position.� See dkt. entry April 3, 2007. On April 6, 2007, Plaintiffs filed an Opposition. Cavel indicated that it will not file a Reply. See dkt. entry [71] at 1. Accordingly, Cavel's motion is now ripe for adjudication.
The following factors are to be considered when determining whether a stay pending appeal is warranted:
(1) the likelihood that the party seeking the stay will prevail on the merits of the appeal; (2) the likelihood that the moving party will be irreparably harmed absent a stay; (3) the prospect that others will be harmed if the court grants the stay; and (4) the public interest in granting the stay. To justify the granting of a stay, a movant need not always establish a high probability of success on the merits. Probability of success is inversely proportional to the degree of irreparable injury evidenced. A stay may be granted with either a high probability of success and some injury, or vice versa.
Cuomo v. U.S. Nuclear Regulatory Comm'n, 772 F.2d 972, 974 (D.C.Cir.1985) (internal citation omitted); Wash. Metro. Area Transit Comm'n v. Holiday Tours, Inc., 559 F.2d 841, 843 (D.C.Cir.1977); Va. Petroleum Jobbers Ass'n v. Fed. Power Comm'n, 259 F.2d 921, 925 (D.C.Cir.1958).
Importantly, it is �the movant's obligation to justify the court's exercise of such an extraordinary remedy.� Cuomo, 772 F.2d at 978; see also Twelve John Does v. District of Columbia, Civ. No. 80-2136, 1988 WL 90106 at *1 (D.D.C. Aug. 4, 1988) (�An indefinite stay pending appeal is an extraordinary remedy, and is to be granted only after careful deliberation has persuaded the Court of the necessity of the relief.�) (citing Va. Petroleum Jobbers, 259 F.2d at 925). �This Circuit has recently reiterated that a moving party must satisfy �stringent standards required for a stay pending appeal.� � Judicial Watch, Inc. v. Nat'l Energy Policy Dev. Group, 230 F.Supp.2d 12, 14 (D.D.C.2002) (quoting Summers v. Howard Univ., Civ. No. 02-7069, 2002 WL 31269623 (D.C .Cir. Oct. 10, 2002)). Where a moving party fails to establish a substantial case on the merits, and further fails to �demonstrate that the balance of equities or the public interest strongly favor the granting of a stay,� a motion for stay is properly denied. Cuomo, 772 F.2d at 978. In the instant case, Cavel has not satisfied the �stringent standards required for a stay pending appeal,� as the Court will discuss below.
A. Cavel has not demonstrated a likelihood of success on the merits
*6 �The first, and most important, hurdle which the petitione[r for a stay] must overcome is the requirement that [it] present a strong likelihood of prevailing on the merits of [its] appeal.� Am. Cetacean Soc'y v. Baldrige, 604 F.Supp. 1411, 1414 (D.D.C.1985). See also Shays v. FEC, 340 F.Supp.2d 39, 45 (D.D.C.2004), aff'd, 414 F.3d 76 (D.C.Cir.2005). �Without such a substantial indication of probable success, there would be no justification for the Court's intrusion into the ordinary processes of administration and judicial review.� Va. Petroleum Jobbers, 259 F.2d at 925. �Even should the petitioner show irreparable harm would result without the imposition of [a] stay, if the requirement of a strong likelihood of success is not met, the petition will be denied.� Am. Cetacean Soc'y, 604 F.Supp. at 1414 (citing Blankenship v. Boyle, 447 F.2d 1280 (D.C.Cir.1971)). This does not mean that the applicant's chances of success on appeal must appear as a �mathematical probability,� but that the trial court, in the exercise of its discretion, must weigh the probability of success on appeal in a �balance of equities� with the three other factors. Holiday Tours, 559 F.2d at 844.
Cavel argues that it has a substantial likelihood of prevailing on the merits of its appeal based on three grounds, which the Court will address in turn: FN2
FN2. Cavel also states that the Court's ruling �essentially imposes new and additional documentation preconditions upon USDA's categorical exclusions....� Cavel's Mem. to Stay Order at 15. However, in its Memorandum Opinion, the Court explicitly stated that �[i]t need not reach the issue of precisely what process is required of FSIS.� [68] Mem. Op. at 40.
(1) Cavel argues that the Court �failed to give �controlling weight� to FSIS's interpretation of its own categorical exclusion regulations and appropriate deference to FSIS's determination of no �extraordinary circumstances [.]� � Cavel's Mem. to Stay Order at 16-19. However, the Court dealt at length with this argument in the Court's [68] Memorandum Opinion, and hereby incorporates its reasoning therein as set forth below:
An agency cannot invoke a categorical exclusion for the first time in legal briefings when no such invocation exists in the record. See Fund for Animals, Inc. v. Espy, 814 F.Supp. 142 (D.D.C.1993) (�Dispositive here, however, is the virtual admission of counsel for the defendant that neither defendant nor any authorized subordinate made any contemporaneous determination as to whether the study falls within or without a categorical exclusion under 7 C.F.R. § 1b.3, or that either an EIS or an EA (one or the other of which is required in the absence of a categorical exclusion) should be prepared. Invocation of the categorical exclusion for the first time by counsel after the complaint was filed in this case appears to be a post hoc rationalization, and is inadequate as a basis for review.�). �Although the Court of Appeals has not addressed this particular issue, both judges of this Court that have considered the issue have found that a post hoc invocation of a categorical exclusion during litigation cannot justify a failure to prepare an EA or EIS. See Anacostia Watershed Soc'y v. Babbitt, 871 F.Supp. 475, 481 (D.D.C.1994); Fund for Animals v. Espy, 814 F.Supp. 142, 149-51 (D.D.C.1993).� Edmonds Inst. v. Babbitt, 42 F.Supp.2d 1, 18 (D.D.C.1999). While Defendants in this case relied in their legal filings on the categorical exclusion of FSIS as an agency as set forth in 7 C.F.R. § 1b.4, rather than the action-based categorical exclusions set forth in 7 C.F.R. § 1b.3, Defendants have pointed to no case law suggesting that FSIS is exempted from contemporaneously invoking its categorical exclusion with respect to each action it undertakes in light of the �extraordinary circumstances� caveat in 7 C.F.R. § 1b .4 itself. See Pls.' Mem. for Summ. J. at 34. However, the Court need not reach the issue of precisely what process is required of FSIS pursuant to 7 C.F.R. § 1b.4. Cf. California v. Norton, 311 F.3d 1162, 1176 (9th Cir.2002) (�In many instances, a brief statement that a categorical exclusion is being invoked will suffice .�). What is clear is that in this case, Defendants' failure to give any consideration as to whether or not the Interim Final Rule invoked �extraordinary circumstances� such that it �may have a significant environmental effect,� violated 7 C.F.R. § 1b.4 and NEPA's implementing regulations. Concretely, 7 C.F.R. § 1b.4 does not permit FSIS to avoid any consideration of whether extraordinary circumstances apply, and Defendants' interpretation to this effect is arbitrary and capricious.
*7 Pursuant to USDA regulations, �[a]ctions of [the FSIS] are categorically excluded from the preparation of an EA or EIS unless the agency head determines that an action may have a significant environmental effect.� 7 C.F.R. § 1b.4. However, this regulation does not exist in a vacuum. It is qualified by another USDA regulation-7 C.F.R. § 1b.3(c)-as follows: �[n]otwithstanding the exclusions listed in paragraphs (a) of this section and § 1b.4, or identified in agency procedures, agency heads may determine that circumstances dictate the need for preparation of an EA or EIS for a particular action. Agencies shall continue to scrutinize their activities to determine continued eligibility for categorical exclusion.� 7 C.F.R. § 1b.3(c) (emphasis added). Defendants' interpretation of 7 C.F.R. § 1b.4 would exempt the FSIS from any duty to scrutinize its activities in violation of 7 C.F.R. § 1b.3(c).
Furthermore, pursuant to 7 C.F.R. § 1b.2, �[e]ach USDA agency is responsible for compliance with this part, the regulations of CEQ, and NEPA.� 7 C.F.R. § 1b.2(b). CEQ regulations require that �[a]ny procedures [invoked by an agency] under this [categorical exclusion] section shall provide for extraordinary circumstances in which a normally excluded action may have a significant environmental effect.� 40 C.F.R. § 1508.4 (emphasis added). Defendants' interpretation of 7 C.F.R. § 1b.4 as having required only a determination over twenty years ago that all �FSIS activities have no significant environmental impact,� see Defs.' Reply at 5, belies any compliance with FSIS's obligation to �provide for extraordinary circumstances in which a normally excluded action may have a significant environmental effect.�
Ultimately, the Court agrees that �any notion that USDA may avoid NEPA review simply by failing even to consider whether a normally excluded action may have a significant environmental impact flies in the face of the CEQ regulations,� Pls.' Mem. for Summ. J. at 36, as well as USDA's own NEPA regulations.
[68] Mem. Op. at 39-41. While Cavel argues that the Interim Final Rule was categorically excluded from NEPA review pursuant to both 7 C.F.R. § 1b.3 and 7 C.F.R. § 1b.4, see Cavel's Mem. to Stay Order at 17-18, Cavel ignores Federal Defendants' failure to invoke either exclusion in the record with respect to the promulgation of the Interim Final Rule. While Cavel further argues that �the district court decisions followed by this Court in support of its March 28, 2007 summary judgment ruling involved substantial questions concerning whether or not the agency action at issue fell within the scope of the agency's categorical exclusion or else a complete lack of any reference to the exclusion in the record,� Cavel's Mem. to Stay Order at 18 n. 10, Cavel cannot differentiate the instant case via its legally and factually unsupported argument that �the comprehensive breadth of the FSIS's categorical exclusion under 7 C.F.R. § 1b.4� somehow exempts Defendants from actually invoking a categorical exclusion. See Cavel's Mem. to Stay Order at 21-22. Cavel's reliance on Back Country Horsemen of America v. Johanns for this argument is misplaced, as the court therein acknowledged that �the [USDA] does not argue that NEPA does not apply to actions undertaken by the Forest Service,� whereas the Federal Defendants make precisely that argument in this case. Back Country Horsemen of Am. v. Johanns, 424 F.Supp.2d 89, 98 (D.D.C.2006). See also Int'l Ctr. for Tech. Assessment v. Johanns, 473 F.Supp.2d 9 (D.D.C.2007) (�Even where [the agency] has determined that an action falls under one of the enumerated exemptions, it must nonetheless determine whether an exception to the exemptions applies.�).
*8 (2) Cavel further argues that �FSIS did in fact determine that there were no �extraordinary circumstances' in which the Interim Final Rule �may have a significant environmental impact,� and this was clearly reflected in the Administrative Record[.]� Cavel's Mem. to Stay Order at 16, 19-22. Again, the Court squarely dealt with this issue, briefed by all of the Parties, in its [68] Memorandum Opinion, and hereby incorporates its reasoning therein as set forth below:
The administrative record does not contradict Plaintiffs' assessment that �there is no evidence whatsoever that the �agency head'-or any USDA official-even contemplated whether the rule �may have a significant environmental effect� that should be considered in an EA or EIS, 7 C.F.R. § 1b.4, let alone made an affirmative contemporaneous determination that this exception to the general categorical exclusion for all FSIS programs should not apply here.� Pls.' Mem. for Summ. J. at 32-33. See also id. at 36 (�[T]he Record contains no hint that USDA ever even considered whether the �extraordinary circumstances' criteria applied to its decision.�).
Initially, Defendant-Intervenors' attempted to interpret the Administrative Record as including documentation of Defendants' active invocation of the categorical exclusion via its Regulatory Review Workplan. See Def-Intervs.' Opp'n at 2. Specifically, Defendant-Intervenors expressed their interpretation of USDA-FSIS Regulatory Review Workplan # 05-007 (Nov. 23, 2005), A.R. at 202-206, as follows:
[T]wo documents in the Administrative Record-FSIS Directive No. 1232.4 and FSIS Regulatory Review Workplan No. 05-007-[ ] conclusively demonstrate that the FSIS considers the applicability of NEPA in every rulemaking action, including its promulgation of the Interim Final Rule. See FSIS Directive 1232.4, �Regulations Development and Clearance (Nov. 20, 2001) (�FSIS Directive,� AR0192-AR0201), at pp. 9-10 (AR0200-0201); USDA-FSIS Regulatory Review Workplan # 05-007 (Nov. 23, 2005) (�Workplan,� AR0202-0206). Moreover, the Administrative Record readily confirms that the FSIS specifically determined that further NEPA review was not required in conjunction with the agency's promulgation of the Interim Final Rule. See Workplan at p. 4 (AR0205).
Def-Intervs.' Opp'n at 5. Furthermore, Defendant-Intervenors argued that �[t]he Regulatory Review Workplan provides a specific mechanism by which the FSIS indicates for each rulemaking action whether an �Environmental Impact Assessment� is required under NEPA. If further review is required, the agency checks a corresponding box in the �Required Analysis� section to indicate such an affirmative determination. Here, the box is notably unchecked. The FSIS agency head and USDA Under/Assistant Secretary confirmed the determination that no further NEPA analysis was required by approving the Regulatory Review Workplan without comment.� Def-Intervs.' Opp'n at 12 (internal citations omitted). See also Def-Intervs.' Mem. for Summ. J. at 3-4.
*9 However, Defendant-Intervenors' theory about what the Regulatory Review Workplan actually demonstrates is belied both by Federal Defendants' deafening silence with respect to this assessment as well as Defendant-Intervenors' eliminating this argument in their Reply. Notwithstanding Defendants' statement that �[c]onsistent with 7 C.F.R. § 1b.4 and FSIS's regulatory clearance directive, �Environmental Impact Assessment� is not checked on the Workplan for the Interim Final Rule at issue thus indicating that neither an EA nor its EIS is required,� Defs.' Mem. for Summ. J. at 11-12, it is clear, both from Defendants' legal position and statements that the box remained empty as a product of a wholesale approach to exclusion by FSIS, that neither the Secretary nor any proxy thereto every considered whether or not an �Environmental Impact Assessment� would be appropriate with respect to the Interim Final Rule. See Defs.' Mem. for Summ. J. at 12 (�Requiring the USDA to take any additional steps absent a finding of a significant environmental impact by the agency head would be redundant and superfluous....�).
In Plaintiffs' Motion for Summary Judgment, Plaintiffs state that the Administrative Record submitted by Defendants �contained no NEPA documentation in connection with the rule or petition, nor any indication that any USDA official had ever given any consideration to whether an EIS or EA should be prepared.� Pls.' Mem. for Summ. J. at 13. Defendants do not refute this. Accordingly, for the legal reasons set forth in Section III(B)(2) of this Opinion, and based on the factual findings above that FSIS never environmentally assessed the Interim Final Rule in any manner whatsoever, the Court concludes that Defendants have violated NEPA and its implementing regulations.
[68] Mem. Op. at 42-44. Despite Cavel's already-negated argument that �the agency head made ... a negative determination concerning the need for an �Environmental Impact Assessment� by leaving its box unchecked and then signing the Workplan,� Cavel's Mem. to Stay Order at 20, the record and Federal Defendants' lack of support for this theory more than clarify that Cavel's interpretation of the Workplan is wrong. See Pls.' Opp'n to Cavel's Mot. to Stay Order at 11-12.
(3) Finally, Cavel argues that �Plaintiffs utterly failed to meet their burden of proving that the Interim Final Rule �may have a significant environmental impact� sufficient to support a determination that FSIS's determination of no �extraordinary circumstances' was arbitrary and capricious.� Cavel's Mem. to Stay Order at 16, 22-25. However, Cavel's argument assumes that Defendants actually made a finding of no extraordinary circumstances,FN3 which as painstakingly detailed in the Court's March 28, 2007[68] Memorandum Opinion as well as the section above, never occurred. Accordingly, Plaintiffs do not shoulder the burden of proving that Defendants should have determined that extraordinary circumstances existed when it is clear from the record (and Federal Defendants' failure to support Cavel's interpretation thereof) that no environmental consideration of any kind was undertaken with respect to the Interim Final Rule. While the Court could ostensibly make a preliminary finding of significant environmental impact FN4 based on the numerous unrefuted statements and declarations proffered by Plaintiffs, see [39] Pls.� Mem. for Summ. J. at 18-23; Pls.' Opp'n to Cavel's Mot. to Stay Order at 14-15, it would be inappropriate for the Court to do so at this juncture, as FSIS never assessed the environmental effects of the Interim Final Rule in the first instance.
FN3. Cavel frames its argument making said incorrect assumption: �As noted above, by completing and signing the Regulatory Review Workplan, FSIS's agency head determined that there were no �extraordinary circumstances' that �may have a significant environmental effect� in connection with the Interim Final Rule. In order to prevail on their NEPA claim, Plaintiffs are required to prove that this no extraordinary circumstances determination was �arbitrary and capricious,� a highly deferential standard of review.� Cavel's Mem. to Stay Order at 22-23 (emphasis added).
FN4. See, e.g., 40 C.F.R. § 1508.27(a), (b)(2), and (b)(4).
*10 In sum, Cavel has not demonstrated a likelihood, let alone a substantial likelihood, of success on the merits in its request for a stay of the Court's March 28, 2007 Order.
B. Cavel has not demonstrated that it will suffer irreparable harm in the absence of a stay
�Under this Circuit's precedent, the harms to each party are tested for �substantiality, likelihood of occurrence, and adequacy of proof.� � Judicial Watch, 230 F.Supp.2d at 15 (quoting Cuomo, 772 F.2d at 976-77). As the D.C. Circuit has outlined, the moving party must establish (1) that �the injury must be both certain and great; it must be actual and not theoretical,� Wisconsin Gas Co. v. Fed. Energy Regulatory Comm'n, 758 F.2d 669, 674 (D.C.Cir.1985); (2) that � �[t]he injury complained of [is] of such imminence that there is a �clear and present� need for equitable relief to prevent irreparable harm,� � Id. (quoting Ashland Oil, Inc. v. Fed. Trade Comm'n, 409 F.Supp. 297, 307 (D.D.C.1976), aff'd, 548 F.2d 977 (D.C.Cir.1976)) (emphasis in original); and (3) substantial unrecoverable economic harm, given the fact that �economic loss does not, in and of itself, constitute irreparable harm�; rather, � �[t]he possibility that adequate compensatory or other corrective relief will be available at a later date ... weighs heavily against a claim of irreparable harm,� � id. (quoting Va. Petroleum Jobbers, 259 F.2d at 925).
At the outset, the Court rejects Cavel's reliance on the Court's March 14, 2006[22] Memorandum Opinion on Plaintiffs' Motion for a Preliminary Injunction as the basis for its irreparable harm argument or other arguments, see, e.g., Def.'s Mem. for Stay at 7, 11, 12, as the Court clearly indicated in that Opinion that insurmountable gaps in the information before it precluded any definitive assessment on the merits of Claim Three at that time. The Court fully and finally (as opposed to preliminarily) addressed Plaintiffs' Claim Three in its recent March 28, 2007[67] Order and [68] Memorandum Opinion, concluding that Defendants violated NEPA in promulgating the Interim Final Rule.
Cavel argues that the harm it suffers is certain and great because �[t]he March 28 Order forced Cavel to cease its operations immediately upon issuance of the Order[,]� threatening Cavel's business:
Cavel suffers not a mere economic or monetary loss for which it can be easily compensated. The company operates a multi-million dollar facility,FN5 which is profitable but also expensive to maintain, particularly when the company has been forced to shut down. Moreover, long-standing Cavel customers in Europe ... will now turn to other North American suppliers for their meat. It will be very difficult ... for Cavel to ever regain its customers from its Canadian competitors. Likewise, Cavel will lose long-term, qualified employees....
FN5. According to the Declaration of Jennifer L. Fearing, Chief Economist for Plaintiff The Humane Society, the most recent assessed value of the property is less than $400,000. See Pls.' Opp'n to Cavel's Mot. to Stay Order, Ex. 2 ¶ 10 & Attach. G (Fearing Decl.).
Finally, Cavel has no other avenue to even temporarily ensure the continued operation of the slaughterhouse or employment of its workers.
*11 Cavel's Mem. to Stay Order at 8-9 (internal citations omitted). Cavel relies on Holiday Tours and Wisconsin Gas Co. for its argument that �[c]essation of a business is clearly an �irreparable harm.� � Id. at 8 (citing Wisconsin Gas. Co., 758 F.2d at 674; Holiday Tours, 559 F.2d at 843 n. 2).FN6
FN6. While Cavel attempts to argue on behalf of third parties-including specifically, its �fifty production workers�-in the context of irreparable harm, Cavel does not demonstrate why such interests would be appropriately considered by the Court in assessing the irreparable harm to Cavel as required under this prong of the Court's analysis. Cavel's Mem. to Stay Order at 9. See Va. Petroleum Jobbers, 259 F.2d at 926-27 (�The question of harm to others if a stay were granted is not really before us. Except insofar as it may reflect on the public interest in saving taxpayers and consumers needless expense, we do not think petitioner has standing to complain of potential losses or inconvenience to the other parties in this case.�). Neither does Cavel assert standing to argue on behalf of �[c]olleges and universities [that] will no longer benefit from other horse byproducts to conduct research and educate students.� Cavel's Mem. to Stay Order at 10. To the extent that these arguments would more appropriately factor into the Court's assessment of whether a stay would be in the public interest, the Court concludes that the alleged harms stated above are 1) unsupported by declarations from even one production worker or any college or university allegedly harmed, and 2) are outweighed by the public's interest in the promulgation of regulations that comply with federal law. Neither does Cavel's tax contribution support a finding of significant harm to the DeKalb community in the event of its closure. See Pls.' Opp'n to Cavel's Mot. to Stay Order at 27.
However, �[i]t is ... well settled that economic loss does not, in and of itself, constitute irreparable harm.� Wisconsin Gas Co., 758 F.2d at 674. �The key word in this consideration is irreparable,� and �[r]ecoverable monetary loss may constitute irreparable harm only where the loss threatens the very existence of the movant's business.� Id. (internal quotation omitted). See also Holiday Tours, 559 F.2d at 843. As Plaintiffs point out:
Cavel cannot meet the irreparable harm standard because, among other issues, it has not established that the Court's order threatens the �very existence� of its business. Wisconsin Gas Co., 758 F.2d at 674. Neither of the declarations filed by Cavel even allege, much less prove, that Cavel will go out of business, or cease to exist, if Cavel cannot operate its plant during the pendency of the appeal, or during the USDA's compliance with NEPA. At most, Cavel's declarations identify potential economic losses from temporary cessation of the DeKalb plant's operations ... which is per se inadequate to establish irreparable harm under Circuit precedent.
Pls.' Opp'n to Cavel's Mot. to Stay Order at 18. In fact, Cavel previously ceased all operations for a period of two years due to a fire and managed to resume operations. Id. at 19; Cavel's Mot. to Stay Order, Ex. 1 ¶ 9 (Declaration of Luc Van Damme, President of Cavel International, Inc.). Furthermore, Cavel is a subsidiary of a larger corporate entity, Velda NV, and Cavel has made no claim that a closure of its plant will threaten this entity as a whole. Pls.' Opp'n to Cavel's Mot. to Stay Order at 19, Ex. 2 ¶ 4 (Fearing Decl.). See Sandoz, Inc. v. Food & Drug Admin., 439 F.Supp.2d 26, 32 (D.D.C.2006). Cavel has not established that its losses are great relative to the size of the business. See Lightfoot v. District of Columbia, Civ. No. 01-1484, 2006 WL 175222 at *7, 8 (D.D.C. Jan. 24, 2006). Additionally, many of the �losses� alleged by Cavel can in fact be mitigated, for example, by the sale of supplies and/or the termination of rent payments (as the owner of the facility is Cavel President Van Damme himself). Pls .' Opp'n to Cavel's Mot. to Stay Order at 19, Ex. 2 ¶ 10 (Fearing Decl.); Cavel's Mot. to Stay Order, Ex. 2 ¶¶ 12, 13 (Declaration of James Tucker, General Manager of Cavel International, Inc.). Finally, the loss of �$2 million� in gross sales and supposed �extreme difficulty� regaining customers in the future alleged by Mr. Van Damme, see Van Damme Decl. ¶¶ 8, 10, are respectively insufficient (in light of mitigating measures that can be taken and the reach of Cavel's parent company) and speculative. See Lightfoot, 2006 WL 175222 at *8 (�relatively modest losses are insufficient to meet the standards required for �irreparable injury� �); Bristol-Myers Squibb Co. v. Shalala, 923 F.Supp. 212, 220-21 (D.D.C.1996) (finding no irreparable harm where movant would lose $80 million dollars, less than 1% of its total sales); Mylan Pharma., Inc. v. Shalala, 81 F.Supp.2d 30, 42-43 (D.D.C.2000) (�Courts within this Circuit have generally been hesitant to award injunctive relief based on assertions about lost opportunities and market share.�). In sum, Cavel has not demonstrated irreparable injury warranting a stay of the Court's March 28, 2007 Order.
C. Harm to Plaintiffs
*12 As with irreparable harm to the movant, harms to other parties interested in this action are tested for �substantiality, likelihood of occurrence, and adequacy of proof.� Judicial Watch, 230 F.Supp.2d at 15 (quoting Cuomo, 772 F.2d at 976, 977). �Relief saving one claimant from irreparable injury, at the expense of similar harm caused another, might not qualify as the equitable judgment that a stay represents.� Del. River Port Auth. v. Transamerican Trailer Transp., Inc., 501 F.2d 917, 924 (3d Cir .1974) (quoting Va. Petroleum Jobbers, 259 F.2d at 925).
Cavel argues that Plaintiffs will not be harmed by a stay of the Court's Order because �any potential harm to Plaintiffs is merely theoretical.� Cavel's Mem. to Stay Order at 10. Cavel defines Plaintiffs' alleged injuries as 1) �caused by the USDA's failure to comply with the APA and NEPA, which has allegedly affected the animal advocacy organizations' ability to engage in education, legislative, and advocacy activities,� and 2) individual Plaintiffs' aesthetic injuries. Id. at 10. Cavel argues that because it will ostensibly prevail on the merits of its NEPA claim on appeal and because the alleged harms to individual Plaintiffs cannot be �irreparable� because of Cavel's duty to comply with environmental, sanitary and animal protection laws, the Court should discount such alleged harms to Plaintiffs. Id. at 10-11.
The Court has already rejected the first of Cavel's arguments (that it will allegedly prevail on the merits) in Section III(A) of this Opinion, but notes nonetheless that Cavel's argument does not address any actual harm to Plaintiffs. As to Cavel's second argument, even assuming arguendo that Cavel had actually complied with environmental, sanitary, and protection laws as it alleges, such compliance would not belie the environmental and aesthetic harms alleged by individual Plaintiffs as attached to the Amended Complaint and reiterated in attachments to Plaintiff's Opposition to Cavel's Emergency Motion to Stay the Court's March 28, 2007 Order. See generally Pls.' Opp'n to Cavel's Mot. to Stay Order, Exs. 1, 3, 4, 6, 7, 8. �Environmental injury, by its nature, can seldom be adequately remedied by money damages and is often permanent or at least of long duration, i.e., irreparable.� Amoco Prod. Co. v. Village of Gambell, 480 U.S. 531, 545, 107 S.Ct. 1396, 1404, 94 L.Ed.2d 542 (1987).
D. The Public Interest does not favor a stay of the Court's Order requiring a federal agency to comply with NEPA
�The public interest is a uniquely important consideration in evaluating a request for [interim relief].� Am. Cetacean Soc'y, 604 F.Supp. at 1416 (quoting Nat'l Ass'n of Farmworkers Orgs. v. Marshall, 628 F.2d 604, 616 (D.C.Cir.1980)). In its March 28, 2007 Memorandum Opinion, in considering whether the Court should vacate the Interim Final Rule or allow it to remain in place on remand to the agency, the Court noted:
*13 Pursuant to the case law in this Circuit, vacating a rule or action promulgated in violation of NEPA is the standard remedy. See Am. Bioscience, Inc. v. Thompson, 269 F.3d 1077, 1084 (D.C.Cir.2001) (�If an appellant has standing-which is undeniable here-and prevails on its APA claim, it is entitled to relief under that statute, which normally will be a vacatur of the agency's order .�). See also Greater Yellowstone Coal. v. Bosworth, 209 F.Supp.2d 156, 163 (D.D.C.2002) (�As a general matter, an agency action that violates the APA must be set aside. As this Circuit explained in American Bioscience, Inc. v. Thompson, 269 F.3d 1077 (D.C.Cir.2001), if a plaintiff �prevails on its APA claim, it is entitled to relief under that statute, which normally will be a vacatur of the agency's order.� Id. at 1084. Based on this authority, I shall vacate the permit, with the understanding that the Service can reissue another permit if and when the NEPA record of decision so allows.�); Nat'l Mining Ass'n v. U.S. Army Corps of Eng'rs, 145 F.3d 1399, 1409 (D.C.Cir.1998) ( �We have made clear that when a reviewing court determines that agency regulations are unlawful, the ordinary result is that the rules are vacated ....� (internal quotation omitted)).
... Neither Defendants nor Defendant-Intervenors have pointed to either a compelling reason, environmental or otherwise, to leave the Interim Final Rule in place pending NEPA review, nor that doing so would preserve NEPA-contemplated opportunities for FSIS.... Accordingly, the Court shall vacate the Interim Final Rule, which was promulgated in violation of NEPA-mandated procedures and in violation of the law.
Neither Defendants nor Defendant-Intervenors have pointed to either a compelling reason, environmental or otherwise, to leave the Interim Final Rule in place pending NEPA review, nor that doing so would preserve NEPA-contemplated opportunities for FSIS.... Accordingly, the Court shall vacate the Interim Final Rule, which was promulgated in violation of NEPA-mandated procedures and in violation of the law.
[68] Mem. Op. at 46-48.
The effect of the Court's Order is to vacate an illegally promulgated agency rule. See FCC v. Nextwave Personal Commc'ns, 537 U.S. 293, 300, 123 S.Ct. 832, 154 L.Ed.2d 863 (2003) (The APA �requires federal courts to set aside federal agency action that is �not in accordance with law,� ... which means of course any law....�); Nev. v. Dep't of Energy, 457 F.3d 78, 85 (D.C.Cir .2006) (�The APA requires that we set aside agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� � (internal citation omitted)). Cavel, on the other hand, has not demonstrated why a stay of this Order would be in the public interest. The Court has already addressed Cavel's argument that the public interest would favor a stay which in turn would save the jobs of Cavel's employees, none of whom has provided a supporting affidavit or declaration on his or her own behalf. See infra at 17 n. 6. Cavel's other two arguments fare no better. Cavel argues that �the public has an interest in federal agencies' enforcement of Congressional will [,]� and that �the conference report accompanying the Appropriations Act explained that �[i]t is the understanding of the conferees that the Department is obliged under existing statutes to provide for the inspection of meat intended for human consumption (domestic and exported).� � Cavel's Mem. to Stay Order at 25-26. For Cavel, who has throughout the course of this litigation argued that the FY 2006 Amendment �effects only a change in the source of funding for the ante-mortem inspection of horses conducted by the FSIS,� [38] Def.-Intervs' Mem. to Dismiss or for Summ J. at 4, to argue that the Court should infer that this section of the conference report for an appropriations bill eliminating funding for inspection services actually evinces an intention to provide such services presses the boundaries of good faith. Second, Cavel's statement that �this is not a case where the agency regulating Defendant-Intervenor's operations or any court has ruled that �the service performed by [Cavel] is contrary to the public interest[,]� Cavel's Mem. for Stay at 26, is unpersuasive, as Cavel cannot argue that continuity of its operations is in the public interest by stating that such continuity would not be against the public interest.
*14 The Court finds that a stay of its March 28, 2007 Order would not be in the public interest, and particularly in light of Cavel's failure to demonstrate a likelihood of success on the merits and adequately demonstrate irreparable injury, the Court finds that a balancing of the factors enumerated above supports denying Cavel's request for a stay.
Based on the aforementioned reasoning, the Court shall DENY Defendant-Intervenor Cavel's [69] Emergency Motion for a Stay of the Court's March 28, 2007 Order. An Order accompanies this Memorandum Opinion.


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Now that's the spot!!
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It holds well to the felt as long as it's clean. Seems to wear very well and not fade.
I have used them on my table every time I re-felt and even donate them to the occasional bar who haven't marked the foot spot. Worth the money to know where to put the head ball.
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WWE Rowdy Roddy Piper Adult Mens Costume
Be the crowd favorite or the villain, the choice is yours. Play it any way you want to in this officially licensed WWE Rowdy Roddy Piper adult mens costume. The white T-Shirt features a muscle torso and comes with an attached black jacket and belt, red kilt, wristbands and a character wig.
WWE Sgt. Slaughter Adult Mens Costume
Make it real on Halloween and carry on the legend in this officially licensed WWE Sgt. Slaughter adult mens costume. The black and camo muscle chest jumpsuit comes complete with a camo belt, wristbands, sunglasses and a tan military-style hat.


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abcinfo@animalbehavior college.com Speak with an Admissions Counselor today!! Start a rewarding career as a dog trainer.
Tip of the Month
11/25/2008 Holiday Food Considerations While youre preparing for your holiday festivities, picking out a turkey, and inviting your friends and family to your dinner table, please take a moment to consider your dogs eating habits, especially during this time of abundant table scraps and leftovers. There are safe and rewarding ways to share the holidays with your pooch; however, sharing too much food or feeding directly off the dinner table can create not only poor health but bad habits, too. Incorporating dog training into holiday meal considerations can not only save you from the stress of having a begging dog at your feet, but it also enhances your canines obedience level. Here are some guidelines for feeding your dog properly in everyday life: When feeding your dog her normal meals, make sure to feed her an appropriate amount (not too much, not too little). Take treats used for dog obedience, such as doggie biscuits, and table scraps into account. If youre confused about how much to feed her, your dog trainer can usually provide you with some guidelines, though consulting your veterinarian is recommended. Puppies normally need to be fed twice a day while older dogs can usually be fed once a day. However, certain factors must be taken into account, including the dogs energy and activity level (including animal training sessions), environment, size, breed (if known), and current state of health. Again, talk to a professional animal trainer or your veterinarian if you are unsure of how much to feed your dog. Puppies should be fed food meant especially for puppies as it contains the essential nutrients that their bodies need as they grow. As a general rule, they may be switched over to adult dog food as soon as theyve matured past the puppy stage. This is usually one year for small dogs and two years for large dogs. If you notice that your dog is getting skinnier or fatter on her current diet, adjust the portions (by making them larger or smaller) accordingly. Find out what weight is appropriate for your particular dog by consulting your veterinarian, and try to maintain that weight by exercising your dog (dog training is a great form of exercise!) and by weighing her regularly to track her weight. If you notice that your dog is not finishing her entire meals or that she finishes her meals and continues to beg for table scraps, she may need to have her meal portions adjusted. If you have a dog that is particularly active (e.g. trains for and/or competes in agility trials, plays ball excessively, or simply has a higher level of energy), her feeding rations should be compensated and increased. Likewise, dogs that are particularly lazy (e.g. they live in an apartment and/or lie around all day) should be fed less as they are not burning off as many calories. While dogs are not true carnivores and can survive on a vegetarian diet, make sure to speak with your veterinarian if you are considering this route. It is crucial that all dogs get the recommended amount of calories, protein, fat, etc. each day. Table scraps are an important factor to consider around the holidays, not only in feeding your dog appropriately but also in consideration of her level of dog training and obedience. When eating a meal, do not feed your dog directly from your plate or at any time while you are still eating or sitting at the dinner table. This encourages begging, which can be annoying to you and your holiday guests and is an overall bad behavior. It is also detrimental to any animal behavior that you and/or your dog trainer have worked on with her so far. Instead, wait until after everyone has finished eating and reward your dog for minding her manners by taking her outside, asking for an obedience cue (sit, down, etc.) and treating her with a piece of meat or potato. Or, you may decide to give her an extra yummy dog food meal by putting doggie gravy on top of her everyday kibble as a special treat. Your canine can enjoy the holiday festivities, too, as long as it is in moderation and under the right circumstances. Also, when cleaning up after a holiday meal, make sure all leftover bones and other discarded food scraps are thrown away in a place where your dog cannot dig for and extract them. It is important to train dogs to avoid scraps, as turkey, chicken, and other animal bones can splinter in a dogs throat, stomach, and/or intestines and cause major medical issues. If her level of dog training is not sound enough to trust her in the company of a trash can full of yummy goodness, take the trash out or put it up on a counter to eliminate the option for bad behavior. Even with a solid foundation in training from the best animal trainer in the country, you cannot 100 reliably prevent a dogs desire to dig through the trash for delicious scraps, and the risk can be immense. May you and your canine have a wonderful holiday season!
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About This Game
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Split/Second, an intense action racing game set within the world of a hyper-competitive reality television show. Competitors vie to be the first across the finish line in a made-for-TV city built for destruction, with the ultimate goal of becoming the season champion. Competitors in Split/Second don't just collide with other vehicles to knock them from the track -- they can also trigger explosive events that drastically alter the dynamics of the race. Players must use strategy and pinpoint timing to derail opponents, tactically alter the track or create entirely new routes.
- Minimum Requirements
- Microsoft Windows 7 / Vista SP2 / XP SP3
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- Online
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- Every Lap is Different -- Devastating events that change the track, create new routes and new obstacles
- Action Arcade Racing -- Fast paced, intense racing action


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Microsoft cuts Xbox 360 prices
Wait, hold on! Don't buy an Xbox 360 today! Phew, that was close. Did I get you in time? I just wanted to make sure you knew the Xbox 360 gets $50 cheaper tomorrow.
The one with the big hard drive (which is black and also comes with its own HDMI cable) is now $400, the one with the small hard drive is $300, and the one with no hard drive (a.k.a. the "retard pack," because you're just going to have to buy an overpriced hard drive anyway, you retard) is $200. Actually, the retard pack was $280, so it got a price cut by $80. But it's still not enough to buy a hard drive, so don't think you're going to get a functional Xbox 360 for less than $300.
You're on the right track, Microsoft! Now how about lifting that silly monthly fee for Xbox Live?


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the world will be watching ♐ thg challenge
16. favorite friendship → gale & katniss
"I do think you're mad and I'll still go with you," he says. He means it. Not only means it but welcomes it. "We can do it. I know we can."
and at once I knew, I was not magnificent.
(via cousingale)
I can't help comparing what I have with Gale to what I'm pretending to have with Peeta.


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Results 11 to 17 of 17
Thread: wow.incgamer
19-03-2012, 02:29 #11
19-03-2012, 20:02 #12
Re: wow.incgamer
Heh, only if you want to, of course. You don't sound too enthusiastic about it.
As a title, you have complete freedom. "Fan Fiction: Druid of the Blade"? I dunno...
- Snow
When people tell me "plz" just because it's shorter than 'please', I feel perfectly justified to answer 'No' because it's shorter than 'Yes'.
And the Lord said unto Carl: 'Come forth and receive eternal life'. But Carl came fifth and won a toaster.
20-03-2012, 13:48 #13
Re: wow.incgamer
Oh? I'm actually quite excited over this chance to correct some formatting issues and typos I had missed in the early bits the last time and always kinda looked back to it, wanting to bury my head in the sand for giving such a grubby-looking start to something that, in my opinion, improved quite a bit as it went on.
On the flipside of that point, I am perhaps a bit stuck on the idea of wanting to get it right from the get go this time, that's all.
I'll stick it out there soon enough, although it'll take me a while to get all 60 parts out there again, as a simple copy-paste job from wordpad just doesn't cut it without some editing.
20-03-2012, 15:25 #14
Re: wow.incgamer
Sure, take your time. And in the event of a misformatting that you notice after the edit timer has run out, feel free to leave me a note if I need to edit something for you!
- Snow
When people tell me "plz" just because it's shorter than 'please', I feel perfectly justified to answer 'No' because it's shorter than 'Yes'.
And the Lord said unto Carl: 'Come forth and receive eternal life'. But Carl came fifth and won a toaster.
24-03-2012, 12:03 #15
Re: wow.incgamer
Thanks for having it live as long as it did Rush and Elly. I was sad to see it go dark, but I remember all too well the effort it takes to keep the forums tidy. Congrats on the big 15! I have the text from the email still from 2003 it appears. I'll just have to lurk here now again to keep up on old friends.
17-07-2012, 13:26 #16
- Join Date
- Jul 2003
- Posts
- 129
Re: wow.incgamer
Took me a while to find this info. I'd been going mad trying to figure out why I kept seeing tanks and planes when I wanted to see druids and warlocks.
17-07-2012, 20:32 #17
Re: wow.incgamer
TPMdm. Hahah, well we simply lost interest in the game a while back and it seemed pointles if our heard was not in it. I think WoW for us ran its course after Wrath, Blizzard just took the game in the wrong direction for us. We really only cover games on incgamers we will be playing or enjoy. We are gamers and if our heart is not in the game then why do it.
I am playing World of Tanks and World of Warplanes right now so with the WoW site gone I figured, what a cool name to use for the site Dorjan and I will be posting on


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Nightlife photos
Browse photo galleries of New York City's most exciting parties and nightlife events.
Halloween photos
Did you brave the snow and head to a Halloween party last night? Did you have to change your costume to a sexy eskimo? We hit up Circus of the Damned at Webster Hall, Gemini & Scorpio's Masquerade Macabre, Dances of Vice's Beyond the Veil: A Victorian Murder Mystery and MeanRed's The End of the
House of Yes's final show (slide show and video) (NSFW)
The arty East Williamsburg performance space polished off a five-year run during this festive send-off. Send tips and cat photos to: Senior Editor: Amy Plitt (@plitter) firstname.lastname@example.com Editor: Marley Lynch (@marleyasinbob) email@example.com RIP, House of Yes—at least at 342 Maujer


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High School Graduation Gifts for Senior Women
Gift Buzz
Libras won�t care if a gift is expensive, but you should choose something well-designed or beautiful like a striking necklace. They�ll also love experiences that they can share with you or another friend like a wine tasting class or you could... Read More »
Give Aries a gift that will inspire them to try something new or appeal to their daring side like skydiving or race car driving. They�re natural entrepreneurs so a gift that helps advance their business will be well-received too. And endlessly... Read More »
Cancerians are known to be compassionate and caring with friends and family members. They can appear hard and insensitive on the outside but on the inside they are little teddy bears which makes them very special! If you live with someone... Read More »
No one can seem to get enough high school and college grad gift ideas, but what about 8th grade graduation? They deserve a celebration too! They're about to enter high school and we all know how painful that can be at first. So, I've got a... Read More »


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Replacement Filter Cartridge 3-pack
5-piece Annual Filter Pack
Sanitary "Push Button" Filter Change
RO Pure Filters For Costco Warehouse Item # 218195 and 322637, Sanitary "Push Button" Fitter Change.
Ro Pure Membrane For Costco Warehouse Item # 218195, 713620 and 322637, high production 50 GPD (gallons per day) membrane.
Filters for Costco Warehouse Item# 264699 & 751466
Filters for Costco Warehouse Item# 751466 and 722099
7-pieces, high performance carbon block filters, NSF compliant, no carbon fines to rinse, fits standard 10" cartridge filter housings.
For Reverse Osmosis System, 5 Micron Sediment Filter reduces dirt, rust and suspended particles.
Designed to work with the Brita "Redi-Twist" Under Sink Filtration System


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IP, Kodak Bounced From Wall Street's Premier Stock List
Apr 02, 2004 — International Paper was delisted yesterday from the Dow Jones Industrial Average--an index of the country's top industrial stocks. The company operates a mill in Ticonderoga and owns 280,000 acres of timberland in the Adirondacks. The news sent IP's stock downward on Thursday. As Brian Mann reports, Kodak was also delisted. Both companies sought to play down the change.


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Hard at Work in North Carolina
Bank of America's rich history in North Carolina began more than 130 years ago. In 1874, a small group of Charlotte residents started Commercial National Bank to meet the needs of the fast-growing city. Eventually, Commercial National merged with other North Carolina banks to form the North Carolina National Bank (NCNB) and then NationsBank. Today's Bank of America is still headquartered in Charlotte and has grown to become one of the nation's largest financial institutions, providing services to half of all American households.
Charitable "Playbook": Bank of America, Carolina Panthers Lend Support for Library System
Oct 07, 2010
Bank of America has teamed up with the Carolina Panthers to support a season-long fundraising initiative to support the Charlotte Mecklenburg Library, which has been hit hard by the economy… learn More about Charitable "Playbook": Bank of America, Carolina Panthers Lend Support for Library System
*30,047 mortgage modifications in North Carolina since 2008.


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DJs Posts
Women Are From Venus, Men Are From… Who Knows?!?!
Women don't understand men and men don't understand women. That's a fact. We all know it. But it's very frustrating, and I just want to understand men better. So I decided to go straight to the source (men) and ask them, "Why do men do the things they do?"
Patience Is, Indeed, a Virtue
Patience is a virtue, and it seems to be harder and harder to find these days. People seem to have no patience anymore, and they seem to get ruder all the time. And as people get older, do they just naturally become more impatient? It sure seems that way to me.
Marlene Takes the Road Less Traveled
When it comes to certain things, I am a creature of habit. I often eat the same things for breakfast. The same goes for lunch and dinner. It's not that I don't like variety. It's just that I go into auto-pilot, instead of changing things up.
Marlene's March Madness
March is here and I couldn't be happier. Actually I could be happier, if summer were here. But I'll take March.
Do You Have a Perfect Job?
There are tons of inspirational videos out there, and I happened to watch one of them recently.
The caption read, "This video will CHANGE your life."
Signs, Signs, Everywhere There's Signs [VIDEO]
"You gotta pay attention to signs. When life reaches out with a moment like this it's a sin if you don't reach back…" ~ Silver Linings Playbook
Stay Fashionably Cold This Winter
No doubt about it…winter is here. And baby, it's cold outside. Everyone's asking, "Is it cold enough for you?". YES, it's cold enough for me. In fact, it's way too cold for me. What I wanna know is this: Can you keep warm and still be fashionable??
The Problem With Pictures
Smile! It's picture time! And with Facebook it seems it's always picture time. And with smart phones, most people have a pretty nice camera right at their fingertips. But I have to tell you (and I'm probably going to get deleted by more than a few Facebook friends after saying this), sometimes I see certain pictures and think, "Really?".
Marlene Discovers "The Secret"
According to the book 'The Secret', the law of attraction will bring you whatever you send out to the world. If you send out positive vibes, positive things will come to you. And the same is true for negative vibes.
Marlene's New Year's Resolutions
Happy New Year. Here's to all those New Year's resolutions I used to make and, in most cases, break before January was even over.
The Magic of the Holidays
Christmas is now officially over, but the Christmas songs are still around and so are the Christmas lights and Christmas trees.
The World We Live in Today
The holiday season should be a time of joy, but this year there is much sadness in everyone's heart.
The unthinkable tragedy in Newtown, CT is still fresh on our minds, and our hearts are breaking for all the families and friends of the victims.


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- The Dead Humor Clown includes:
- Body
- Base
- Adapter and Batteries not included
- Materials:
- Plastic
- Fabric
- Measurements:
- Height - 35.43"
- Length - 15.75"
- Width - 27.56"
- Special Features:
- Works on 6V 2A Adapter
- Takes AA Batteries When Not Plugged In
- For Indoor or Covered Outdoor Use
Customers most agreed on the following attributes:
Feel the plastic may break over time, but it hasn't for me so far
Clown looks great. Can't wait for next year at Halloween!
Works great. My only issue is the motion sensor. It's in the neck, so when he is laying down he is only activated by sound. I recommend a step pad.
He has very fast pop up motion and creepy face I scared my whole family with it and they love it:D thanks ...
We will be using in our halloween haunt for the public, my staff has actually built a coffin for it to lay in. The only drawback is that it should include the remote that is should seperately.
Dead humor has a really cheap price for an awesome prop,thank you Spirit!
I love dead humor and I think that he has a great price for an awesome prop.
Love this guy I did have to buy the step pad for him because his sound activation is not that sensitive but other than that I've already got some scares from him he's gonna be great for our halloween party
In the scary clown section of my yard for Halloween.
Scares the life out of you
I plan on doing a haunt theme in the future, this isn't the wow prop I'm looking for but for under $60 it's not bad. The action is a little slow but if placed well (hidden behind something) it might give a decent scare. I went to 2 different Spirit stores before I bought it. The ones in the store were just as fast as the one I purchased. A footpad activator is a must with this one. The face and hands are black light reflective and the sound is pretty loud.
I love dead humor
I love dead humer rising clown I watch the video in YouTube I MIT get two I am going to use it for my halloween party I love spirit halloween and ded humer.
I love dead humer I'm going to use it for my. Halloween party I love you spirit halloween and dead humer.
I love dead humor I sow the video on YouTube and it is very scary I am going to put it in my door so when the little kids come they get scared it is very detailed I mite buy 2 of theme dead humor is one of the best 2013 props I hope I could buy two and I am going to use it for my halloween party I love you spirit halloween and dead humor.


text: The property's amenities include an extensive hot breakfast buffet, free wireless high speed internet, indoor pool and fitness center, fully-stocked business center, complimentary local shuttle service, guest laundry facilities and same-day dry cleaning valet service, free parking, and a light evening meal. Enjoy the upgraded linen package on the new Simmons Beautyrest mattresses. Guest rooms feature two queen beds or one king bed. All rooms are equipped with 27-inch color TVs with expanded cabl... (Read More)


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lucy24 - 3:11 am on Jun 9, 2012 (gmt 0)
Canada isn't another country is it?
Can't be, or they wouldn't let them into the NHL.
US schools need to educate Americans that there are other countries out there.
Conversely, people from New Mexico have occasionally had trouble convincing telephone sales agents that they are in the United States, have not called the wrong number, and do not need to apply via their own country. Apparently there were recurring problems involving ticket sales the last time the Olympics were held in the US...
In the interest of fairness, I should mention that I once overheard an Italian on a train explaining to his girlfriend that the US does contain a state called New York, but New York City is in the state of New Jersey.


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Home & Garden
See for Yourself.
This amazing mirror folds to just an inch thick, making it perfect for storage or travel, yet it delivers an incredibly high power, full-face magnification with a distortion-free view. Mirror is 6" in diameter and is surrounded by 8 bright LED bulbs that never need replacing. It magnifies up to 10X , so you can see every lash, every little hair, everything! The protective cover folds back and mirror becomes self-standing for "hands free" screening.
Requires 3 AA batteries (included).
Measures 9-1/2"H x 7"W.$39.95 -
Home & Garden
Get ready for the holidays with holiday decor, or create an outdoor oasis with garden and patio furniture and fashions that are fun and functional.
Great Grips Doorknob Covers
Soft, latex-free material stretches easily over a standard round doorknob making the knob easy to turn with a finger, elbow or closed fist.
Clear with removable glow-in-the-dark inserts.
Pack of 2.$9.955.0/5 (1) -
Home & Garden
Get ready for the holidays with holiday decor, or create an outdoor oasis with garden and patio furniture and fashions that are fun and functional.
Try additional scents!
Scented Essential Oils (2 oz) for use with Water Globe Air Purifier.
Specify scent: Lavender, Cinnamon, or Microbe-shield (reduces and kills airborne germs).$9.95 -
Crystal Brass Vase
This European 24% lead crystal vase is hand cut finished and polished by master professionals Embellished with solid brass accents it is reserved to furnish the most luxurious furnishings Vase is removable to enable easy cleaning. Dimensions: Length: 3.8. Height: 11. Width: 3.8$125.00 -
Enhance the Comfort of Your Favorite Armchair.
Add three inches of plush, breathable, padding to the seat bottom, back, sides and armrests of any armchair or wheelchair. Provides a greater level of comfort and stability to help reduce numbness, friction and pressure sores when sitting for long periods of time. Easily transfer from chair to chair. Poly cotton cover with hypo-allergenic poly fiberfill.
Machine wash.
43" x 38" overall. Seat area 16" x 16".
Select color.$29.955.0/5 (1) -
Space Saving Portable Folding Desk
This versatile desk is there when you need it, compactly folds away when you don't. Spacious work surface is ideal for multiple uses. Double glide undercarriage makes it sturdy and stable. Handle cutout for carrying.
Golden Oak.
28"W x 17-3/4"D x 26"H$89.954.0/5 (1) -
Dinner is Served.
It's a mobile serving tray, a handy utility cart or a convenient nightstand. This rolling tray features a sturdy black steel frame with 2 laminate dark-oak, raised-edge trays. 3-inch caster wheels swivel to maneuver easily indoors.
Height adjusts from 30-1/2" to 35-1/2".
17"W x 18-1/2"L x 35-1/2"H.
Assembly required (tools included).$99.95 -
Portable LED Lantern
Provides Natural Spectrum Daylight for better illumination with greater contrast and true color rendering. Single-touch brightness control for low-level and ultra-bright light. Ideal for reading, travel, power outages, bedside or to navigate a dark hallway. Built-in long-life battery recharges by simply plugging it into any USB port with included cable. Compact and durable.
6-3/4"H x 3-3/4"W
5 lbs.$19.95 -
Use This Cart Almost Anywhere.
Perfect as a telephone stand, book shelf, bedside table, kitchen storage, or printer stand. Mobile, to move from room to room. Three open shelves allow access from either side. Raised shelf edges keep items from falling.
Each shelf measures approximately 14-3/4"W x 9"D x 6"H.
Pre-assembled - just insert casters.
Solid construction.
Golden Oak.
19-1/4"W x 14-1/2"D x 24"H$159.95 -
Maneuver in the Shower while Seated
Molded plastic shower seat securely rotates a full 360 degrees allowing freedom of movement within. Wash and rinse your entire body without standing. Provides caregiver easy access to all sides of the body for better assistance in cleaning.
Conveniently sized to fit into small spaces. Height adjustable legs (16" to 21") with suction feet.
Seat measures 16" in diameter and will hold up 300 lbs.
Durable and rustproof.
Easy assembly; no tools required.$69.95 -
Crystal Brass Box
This European hand cut crystal collection with gilt bronze embellishments was traditionally reserved to decorate the most luxurious furnishings Used today in the same manner this box is the mark of fine workmanship. Dimensions: Length: 5.5. Height: 4.5. Width: 3.5$104.00 -
Set of 6 Italian Wine Glasses
The desire to decorate is as old as humanity itself Upgrade your table setting with this Italian glassware Crafted by master professionals it will be a true asset to your dining experience. Dimensions: Length:. Height: 9.$68.00 -
Step Securely through Doorways.
Cut the rise and effort in half by placing this wide, sturdy platform outside your doorway. Allows those with limited mobility to remain steady while stepping up or down.
Slip-resistant rubber tread.
Drainage holes reduce moisture.
Supports up to 440 lbs.
19-1/4"L x 15-1/2"W x 4"H$39.95 -
Take some time out of your busy weekly routine to enjoy a peaceful breakfast with someone special at a favorite outdoor location.
Take a hike, hit the road or simply set up a table or blanket in your backyard and take in a beautiful sunrise with the sounds of nature while savoring a nice hot cup of coffee. The Carry-Beaner Coffee Backpack for Two provides you with everything necessary to savor a cup of fresh ground brew. It comes with a 24 ounce thermos, 2 mugs, 2 spoons, a creamer and sugar container, and 2 cloth napkins. All of the metal is made from stainless steel and there are even poly-resin handles on the mugs to help prevent burns. There's even an insulated cooler pouch if you feel like bringing some morning goodies to your tranquil spot of choice.
Features:- 24 oz stainless steel thermos
- 2 Stainless steel mugs with poly-resin handles
- Stainless steel creamer holder
- Stainless steel sugar holder
- 2 Stainless steel spoons
- 2 Cloth napkins
- Adjustable backpack shoulder straps
- Carry handle on top
- Small front zipper pouch
- Measures: 9.5 x 14 x 6 inches
- Color: Navy
$59.95 -
Adjustable, Stable Support in Bed.
Stop fussing with pillows and enjoy the support of this adjustable backrest. Choose from 5 different positions starting as low as 3-1/2" to upright sitting, ideal for those with acid reflux. Comfortable cushioned headrest. Powder coated frame is lightweight aluminum. Folds flat for storage.
24" x 23" x 3-1/2"$59.95 -
Crystal Vase
This crystal vase with metal accents is reserved to decorate the most luxurious furnishings. Dimensions: Length: 9. Height: 10. Width: 6$92.00 -
Reduce Eyestrain & Improve Focus.
SmartLight with Spectrum Daylight, is full spectrum lighting that replicates key wavelengths of natural daylight. Instant-on, flicker-free bulb lasts 10,000 hours. Reduces glare and makes colors more vibrant.
Flexible gooseneck extends to 26-1/2" (15"H in 90-degree position). Base measures 8" x 6-1/4".
6' power cord.
4.75 lbs.
Select color.$39.95 -
Candlestick-Chandelier Crystal
Crafted by Italian artisans this Murano candlestick is produced with brass accents and hanging chandelier crystals. Dimensions:. Length: 9. Height: 16. Width: 9$131.00 -
Set-6 Italian Liquor Glasses
Hand painted by Italian artisans these liquour glasses are embellished with a lavish amber gold design Luxuriously packed in set of 6.$90.00 -
Give Your Recliner a Lift.
These risers add height and limit the forward tilt of your recliner to make standing and sitting easier. Does not interfere with reclining or rocking. Strong plastic risers attach with wood screws (included). Padded base is slip resistant and won't mark floors.
Supports 800 lbs.
Set of 4.$39.95 -
Reduce & Restart Water Flow with Just a Touch.
Lightweight handheld shower features an ergonomic, soft-grip handle with removable safety strap for a secure grip. An easy-to-turn, oversized spray control lets you choose: shower, pulsating or massage. Exclusive pause control allows you to modify flow with the push of a button.
Extra-long 7-ft. flx-soft hose allows you to use while seated or standing.
Durable plastic construction.
White only.$39.95 -
Italian Jug with Amber Gold
Hand painted by Italian artisans this wine decanter is embellished with a lavish amber gold design to ultimately grace your most noted affair. Dimensions: Height: 13.2. Width: 6.$103.00 -
Murano Crystal Jar
The Alexander Murano Crystal Jar The island of Murano Italy has long been known for producing exquisite glass work in the most vibrant or delicate of colors This Murano crystal jar can grace your home without going overseas. Dimensions: Length: 7. Height: 9. Width: 7$52.65 -
Get In & Out of the Tub Safer & Easier.
The Portable Bath Step is 4"H and can be stacked to meet your needs. Each extra step adds 2" in height.
Soft, slip resistant textured surface. Rubber feet add stability.
Supports 450 lbs.
19-1/2"W x 16"D x 4"H$29.95 -
Great for Those Hard-to-Reach Places.
Easy-to-use, ergonomic trigger- handle reachers, eliminates excessive bending or stretching for objects. Rubber cushion tips help to secure grasp and a magnet on the end of the claw helps to pick up lightweight metal items. Claw rotates 360 degrees for maximum versatility.
Select size.$19.95 - $24.95 -
Crystal Brass Box
This European 24% lead crystal box is hand cut finished and polished by master professionals Embellished with solid brass accents it is reserved to furnish the most luxurious furnishings. Dimensions: Length: 8. Height: 5. Width: 8$50.00


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NITRO, W.Va. -- Nitro City Council reconsidered a proposal to enter into an agreement with Baker Engineering that would allow the city to use the firm for projects under the city's "master plan."
Officials previously rejected the proposal, but Mayor Dave Casebolt brought the matter before council to reconsider.
Casebolt explained the city bid out the master plan project to 12 engineering firms to come up with a 20-year master plan to make improvements throughout Nitro.
Baker Engineering was awarded the bid to design an overall plan that included improvements to the city's streetscape, Ridenour Lake, city parks and other parts of Nitro.
If the city enters into an agreement with Baker Engineering, the firm would simply assign a task number to smaller projects that fall under the master plan at a designated hourly rate that would simplify the bidding process for each project.
The agreement is not a contract and does not allow the company to begin billing the city, nor does it prevent the city from using other contractors. The agreement only specifies time, material and hourly rates.
City ordinance requires city council to bid out projects costing more than $1,000. Council referred the matter to City Attorney Johnnie Brown for review.
In other business, plans to install a new marquee sign at Nitro elementary school have been stalled because the location of the sign does not adhere to the sight line zoning requirements.
Steve Boggs, a civil engineer, has two children who attend Nitro Elementary, and is working with other parents to get the sign installed.
He asked city council to approve a sight line variance to allow them install the new sign in the same location as the old one. But the Board of Zoning Appeals must first grant that variance.
City Recorder Rita Cox said the city's procedure requires a Class Two legal notice.
This means that the matter has to be advertised in the newspapers' legal notices on two separate occasions prior going before the Board of Zoning Appeals who will make a recommendation to council.


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This project was prepared by the Ethiopian Ministry of Works and Urban Development in close collaboration with UN-HABITAT. The main objective of the project was to assist the Government of Ethiopia to develop a well-coordinated urban development strategy and operational guidelines for regional and local municipalities, focusing on urban management issues.
ActivitesThis project aims to build the capacity of local authorities in selected regions (assess capacity-building needs, conduct training-of-trainers activities and propose an action plan and a strategy of intervention). The project also contributes to the Poverty Reduction Programme for Addis Ababa, through the preparation of a poverty profile for the city, the conducting of a city consultation, and the development of an action plan for poverty reduction.
ResultsTraining of trainers for regional focal points was carried out in the city. Six reports on institutional capacity assessment were prepared for the following regions: Amhara, Gambella, Dire Dawa, Oromiya, Southern Nations and Tigrai. UN-HABITAT's training manuals have also been translated into Amharic, which makes them more accessible to municipal staff.


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Thread Tools | Search this Thread | Display Modes |
Join Date: Aug 2008
Posts: 1
establish level line on pilings
My son is building a house on 8 x 8 wood pilings. The pilings have been installed. The house is to be 40' long by 28' wide. How do you establish a level line to begin the installation of the flooring beams ?
remodeling pro
Join Date: Sep 2006
Posts: 1,399
establish level line on pilings
You can use a builders level (commonly called a transit, even though they are slightly different instruments), a laser level, or a water level. The water level is the most basic and inexpensive to acquire, needing only a long length of clear plastic tubing with a few drops of food coloring in the water. This is your best bet if you do not have access to borrow or rent one of the other instruments. Do not be tempted to buy one of the cheap laser instruments you often see at big box centers, as their degree of accuracy is way too poor for establishing a level plane for a foundation.
If you are in an area requiring regulatory inspections, you will most likely need to hire a surveyer to establish a benchmark for elevation reference before you build, and to verify the height of the building before the regulating authority will close out the permit. If so, ask them how much they would charge to give you a reference mark on each piling, then use a framing square to draw this mark out to the corner of each piling, and take a hacksaw or any fine toothed blade and make a small saw kerf at one corner of each piling. You now have a permanent level reference for all future work. |
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