text:
Abstract: On July 26, 2010, the U.S. Court of Appeals for the Fourth Circuit, in North Carolina ex rel. Cooper v. Tennessee Valley Authority, held not only that the Clean Air Act (CAA) preempts state nuisance law, but also that the issuance of a CAA permit makes a public nuisance legally and theoretically impossible. In doing so, the Fourth Circuit established a considerable barrier to public nuisance suits. This Comment analyzes the legal viability of this decision and the implications of barring public nuisance in light of its growing popularity to address interstate air pollution and climate change.
Airborne particles, unfortunately, refuse to respect state boundaries.1 Sulfur dioxide and nitrogen oxides from the Tennessee Valley Authority's (TVA) coal-fired plants in Tennessee and Alabama transform into fine particulate matter and ozone, which travel to North Carolina where they cause serious health impairments and environmental damage.2 In search of relief, North Carolina sued the TVA under its own public nuisance law.3 In July 2010, the U.S. Court of Appeals for the Fourth Circuit heard North Carolina ex rel. Cooper v. Tennessee Valley Authority (TVA).4 The court had to decide whether enjoining these unwieldy, interstate polluting particles under a public nuisance action was consistent with the structured program of the federal Clean Air Act (CAA), or if "vague public nuisance standards scuttle the nation's carefully created system for accommodating the need for energy production and the need for clean air."5
This Comment evaluates the TVA opinion with a specific emphasis on the Fourth Circuit's impediments to public nuisance suits.6 Part I introduces the parties to the case and the legal doctrines at issue and provides a procedural summary of the district and appellate court decisions.7 Part II then highlights the implications of TVA for future public nuisance litigation.8 Finally, Part III establishes the importance of public nuisance jurisprudence to the Clean Air Act's framework and evaluates the Fourth Circuit's most detrimental doctrinal weapon against public nuisance: the permit shield.9
I. North Carolina's Attempt to Abate TVA Pollutants
In 1933, Congress established the Tennessee Valley Authority (TVA), a corporation owned by the U.S. government to promote economic development in the Tennessee Valley region.10 To achieve this end, the TVA produces, distributes, and sells electric power.11 Today, the TVA operates eleven coal-fired generating plants averaging fifty years old.12 All are located in Tennessee, Alabama, and Kentucky.13 These plants emit nitrogen oxides and sulfur dioxide, which create ozone and particulate matter downwind.14 All of these pollutants are regulated by the Clean Air Act (CAA).15
The CAA requires both federal and state action to abate air pollution.16 The federal Environmental Protection Agency (EPA) develops National Ambient Air Quality Standards ("NAAQS") for air pollutants, and state agencies implement permitting programs calculated to achieve the NAAQS.17 These federal standards are a floor, not a ceiling, as the CAA permits states to impose stricter standards.18
North Carolina legislators exercised this right in 2002 by passing the North Carolina Clean Smokestacks Act (CSA), which imposes stricter oxide emissions caps on state coal-fired plants.19 In order to fully address air pollution's deleterious effects, however, the CSA also requires the state to use all available resources to induce its neighboring states and other entities to achieve similar reductions in oxide emissions.20 As such, Attorney General Roy Cooper, on behalf of North Carolina, sued the TVA in 2006 in the U.S. District Court for the Western District of North Carolina, claiming that unreasonable amounts of airborne particles from the TVA's coal-fired plants pose a public nuisance by threatening the health of North Carolinians, the financial viability of the state, and the strength of its ecosystems.21
On interlocutory appeal, the U.S. Court of Appeals for the Fourth Circuit determined that a public nuisance cause of action is not barred by the U.S. Constitution's Supremacy Clause, held that the TVA had no sovereign immunity, and permitted the case to proceed in district court.22 In January 2009, after extensive findings regarding the emissions of the plants and their health and environmental impacts, the district court applied the source state nuisance laws of Alabama and Tennessee to conclude that the emissions caused unreasonable damages to North Carolina.23 It then granted injunctions against the TVA, requiring the four closest coal-fired plants to upgrade or install certain pollution-reduction devices.24 Appealing again to the Fourth Circuit, the TVA did not contest the conclusion that North Carolina's damages outweighed the costs of treating emissions.25 Instead, the TVA appealed the application of state law.26
The Fourth Circuit reversed the injunctions for three major reasons: (1) the CAA preempted state public nuisance law, (2) the decision amounted to an impermissible extraterritorial application of North Carolina's CSA, and (3) public nuisance was "legally impossible" because the TVA's emissions were legislatively authorized and, theoretically, the EPA's NAAQS imposed a stricter standard than state nuisance law.27
The Fourth Circuit began by holding that public nuisance, being unpredictable and overly general, undermines the "carefully designed" CAA scheme, and, as such, the CAA preempts the application of state nuisance law in this instance.28
Next, the Fourth Circuit held that the district court improperly extended North Carolina's CSA, which contradicted the U.S. Supreme Court's 1987 holding in International Paper Co. v. Ouellette that source state law must apply to interstate nuisance claims.29 Expert testimony at trial relied on CSA emissions standards, rather than Tennessee and Alabama nuisance law.30
Notwithstanding the CAA's preemption over state nuisance actions and the extraterritorial extension of North Carolina law, the Fourth Circuit deemed that the express legislative authorization of the power plants' emissions precluded the possibility of a public nuisance.31 According to both Tennessee and Alabama common law, a legislatively authorized permit shields entities from nuisance liability.32 Furthermore, NAAQS protect "sensitive citizens," for instance, children and other people particularly sensitive to air pollution due to disease; whereas nuisance law protects the "reasonable man," or one with "ordinary health and sensibilities, and ordinary modes of living."33Therefore, theoretically it would be impossible for emissions permitted by the more stringent NAAQS system to pose a public nuisance.34
Finally, the court assured North Carolina that other remedies besides public nuisance claims exist.35 First, the Fourth Circuit suggested a section 126 petition.36 The CAA permits states to file such petitions to the EPA in the event that any source contributes significantly to the nonattainment of another state's air quality standards.37 In fact, North Carolina initiated a section 126 petition in 2004, which was denied and, as of the date of the TVA opinion, awaited an appellate review.38 Second, the court suggested participation in the comments period for the development of Tennessee's and Alabama's State Implementation Plans under the CAA.39 Finally, in the event of non-compliance of TVA's permits, private action suits are available under the CAA.40
II. Implications of the Fourth Circuit Decision
The Fourth Circuit's decision in TVA could significantly change future environmental litigation on a number of fronts: (1) the feasibility of the nuisance doctrine, (2) the CAA's preemption of public nuisance, (3) the judiciary's participation in air pollution regulation, and (4) the viability of the permit shield defense.41
First, the decision represents a setback to public nuisance law, which increasingly has been invoked in high profile environmental cases.42 Current and future defendants subject to a public nuisance suit may use the Fourth Circuit's disparaging language.43 In particular, the court stated that public nuisance doctrine "provides almost no standard of application" and that it is "an ill-defined omnibus tort of last resort."44
Second, the TVA court's holding that the CAA preempts source state law represents a major shift in interstate pollution jurisprudence and a serious disadvantage for plaintiffs seeking relief outside the CAA regulatory framework.45 This holding created a circuit split and was arguably inconsistent with the U.S. Supreme Court's holding in International Paper Co. v. Ouellette that the CAA's saving clause preserves common law actions under source state law.46 As such, this holding may create the most controversy; indeed, it is upon this basis that North Carolina sought a rehearing en banc.47
The Fourth Circuit in TVA was cautious not to hold "flatly" that the CAA preempts the entire field of emissions regulation.48 It still held, however, that a "strong cautionary presumption" against nuisance actions exists, as such suits "interfere with the methods by which the federal statute was designed to reach its goal."49 The CAA preempted state public nuisance law by virtue of conflict preemption because additional state regulation through public nuisance law would conflict with the CAA's explicit role for states of implementing NAAQS.50
The holding in Ouellette, however, was that source state law may coexist with federal legislation without disrupting the CAA's regulatory framework.51 Furthermore, the CAA's saving clause expressly preserves the state's role to institute common law relief, by stating, "nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek . . . any other relief . . . ."52
The Fourth Circuit did not simply ignore the CAA's saving clause.53 It compared it to a saving clause analyzed by the U.S. Supreme Court in 1983 in Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development Commission, which held that states could continue to regulate nuclear power plants in their capacity as utilities, but that the federal government maintained domain over safety regulations.54 From this, the Fourth Circuit in TVA reasoned that state law cannot regulate that which federal law regulates.55 Thus, the CAA's saving clause could not apply in this instance because state law regulated within the purview of the CAA.56
Third, the Fourth Circuit in TVA disparaged the judiciary's role in air pollution regulation.57 Unlike courts, the court reasoned, agency experts are able to promulgate regulations based on the latest scientific data.58 Furthermore, input through the required notice and comments period allows many perspectives to be considered, resulting in a proactive regulatory process.59 The CAA framework also promotes uniform application of air quality standards and the reliance interests of industry.60 Litigation may breed distortions and inconsistencies and is far more costly than agency decision-making.61 Finally, the Fourth Circuit in TVA held that a public nuisance is legally and theoretically impossible because the power generating operations of the plants were expressly permitted by law.62 First, Alabama and Tennessee "permit shield" case law precluded public nuisance claims regarding legislatively authorized activities.63 Second, the Fourth Circuit constructed a theoretical argument suggesting a physical impossibility of a CAA permitted emission source posing a public nuisance.64
There may be gaps, however, in the Fourth Circuit's permit shield holding.65 The permit shield cases cited apply only to activities authorized by local zoning laws.66 Furthermore, Alabama has a more recent case on point that holds that compliance with the Alabama Air Pollution Control Act does not shield against liability.67 Tennessee also has a more recent and applicable case.68 In 1987, the U.S. Supreme Court, in Tennessee v. Champion International Corp., vacated a decision by the Tennessee Supreme Court due to its failure to recognize public nuisance where the discharge was legislatively authorized.69 As such, Champion International's permit shield is no longer good law in Tennessee.70
The Fourth Circuit further held that nuisance suits are not only legally barred by virtue of state permit shield law, but also "logically" impossible because NAAQS imposes a more stringent "sensitive citizen" standard than the "reasonable" standard required by public nuisance doctrine.71 Therefore, the court reasoned, compliance with NAAQS precludes the possibility of a public nuisance.72 If federal circuits or the Supreme Court adopted this doctrine, public nuisance cases could be disposed of regardless of the source state permit shield law.73
III. The Necessity of Public Nuisance Notwithstanding the CAA
This Part addresses two issues.74 First, it argues that state public nuisance law should survive within the purview of the CAA framework.75 Second, it suggests that the Fourth Circuit's boost for the permit shield defense is misguided and poses a major threat to the future of public nuisance suits.76
The Fourth Circuit presented laudable reasons for eliminating public nuisance claims within the CAA framework.77 Certainly, exposing industry to the uncertain and general public nuisance standard would breed litigiousness and unreliability.78 Public nuisance suits could threaten the framework created by Congress to achieve a balance between clean air and energy production.79
Nonetheless, public nuisance may coexist within the CAA framework.80 Public nuisance can be a check on administrative agencies in the face of uncertain atmospheric science and wind patterns.81 More importantly, it ensures relief for underrepresented or disenfranchised parties who are unable to aptly participate in the permitting process.82 In short, public nuisance claims are a necessary component of air pollution regulation.83 Congress even envisioned this opportunity by virtue of the express language of the saving clause.84
The U.S. Court of Appeals for the Fourth Circuit in TVA certainly helped provide future defendants with many arguments to evade nuisance suits: (1) strong language against public nuisance doctrine and judicial involvement in air pollution disputes, (2) preemption of state public nuisance law by the CAA framework, and (3) use of the permit shield defense.85 The first is dicta, and the second will likely be overturned by virtue of International Paper Co. v. Ouellette and the express language of the CAA's saving clause.86 The third argument, however, could pose a serious obstacle in future environmental litigation, as many states have similar permit shield cases.87
In invoking the permit shield defense, the Fourth Circuit relied on testimony from Tennessee's Deputy Air Director indicating that permit officials address the same factors considered in a nuisance case.88 As such, the Fourth Circuit held that, barring negligence, it is impossible for such an activity to actually pose a public nuisance.89 The basis of this reasoning is the assumption that the permitting process is sufficient in its ability to predict public nuisances.90 It is a difficult task, however, to predict all public nuisances, due to the complexity of the interaction of environmental factors and human health.91 Therefore, the TVA court's reasoning may leave many without a remedy.92
The Fourth Circuit's reliance on Alabama and Tennessee permit shield cases was unsuitable, as all of them applied to legislative authorization on the local level.93 The permitting process on the local level is not analogous to federal and state-wide permitting; therefore, applying local permit shields to the CAA framework is improper.94 The noxious uses on which TVA relied (for example, placement of discharge pipes, liquor stores, and waste treatment facilities) have more predictable and localized effects than the complicated activities of primary pollutants in the atmosphere amidst capricious weather patterns.95 Furthermore, the permitting process at the local level is more accessible to potentially aggrieved parties.96
The construction of a national permit shield was equally misguided.97 The EPA's "sensitive citizen" standard is a commendable goal, but the extent to which the NAAQS consider or protect sensitive populations is unclear.98 As such, precluding public nuisance on the assumption that this goal has been achieved is imprudent and may foreclose remedies for people negatively affected by air pollution.99
Without a public nuisance claim, the only form of relief is through the CAA's administrative proceedings.100 As such, the Fourth Circuit excludes the opportunity to "end run" this regulatory process, which often provides only stagnant relief.101 Moreover, affected states are technically those within fifty miles of the source.102 In addition, participating in the public hearing process could only occur every five years for permit renewal.103 In fact, in TVA, sixteen states filed amicus briefs in support of preserving states' rights to bring common law nuisance suits to protect citizens against interstate pollution.104
TVA introduces many questions regarding the sufficiency of the CAA. The difficulty of understanding the interactions between primary pollutants, atmospheric chemistry, weather patterns, human health, and ecosystems present a weighty task for the agency experts. As such, in the tradition of American government, the judiciary and common law doctrines must act as a check on this regulatory framework to ameliorate gaps or missteps in the permitting process. Knowing that such gaps and missteps are inevitable, the Fourth Circuit was misguided to conclude that a permit to emit under the CAA precludes a finding of public nuisance ab initio. Such a conclusion would leave many without relief from the deleterious health and environmental impacts of air pollution.
Erin Dewey
Preferred citation: Erin Dewey, Comment, Dust in the Wind: Is TVA's Permit Shield a Death Knell for Interstate Public Nuisance Claims?, 52 B.C. L. Rev. E. Supp. 43 (2011), /bclr/esupp_2011/04_dewey.pdf.
1 See North Carolina ex rel. Cooper v. Tenn. Valley Auth. (TVA I), 593 F. Supp. 2d 812, 815, 825 (W.D.N.C. 2009), vacated, 615 F.3d 291 (4th Cir. 2010) (TVA II).
2 See TVA I, 593 F. Supp. 2d at 819-24. Particulate matter can cause system-wide inflammation of the human body, changes in blood flow to the heart, brain and other vital organs, cardiac arrhythmia, infant mortality, increased incidence of asthma, chronic bronchitis and other cardiopulmonary illnesses. Id. at 821-22. Sulfites and nitrates lead to acid deposition in the soil and destruction of fine roots and plant matter. Id. at 823. Ozone exposure, similarly, damages vegetation and commercial crops. Id. at 824. Particulate matter, especially sulfate, impacts visibility by causing light to scatter, creating a haze over scenic vistas. Id. at 824.
3 See id. at 815.
4 See 615 F.3d at 291.
5 See id. at 296, 298.
6 See infra notes 10-104 and accompanying text.
7 See infra notes 10-40 and accompanying text.
8 See infra notes 41-73 and accompanying text.
9 See infra notes 74-104 and accompanying text.
10 Tennessee Valley Authority Act of 1933, Pub. L. No. 73-17, 48 Stat. 58 (codified as amended at 16 U.S.C. §§ 831-831ee (2006)).
11 16 U.S.C. § 831d(l).
12 John-Laurent Tronche, TVA Examining Aging Coal Plant Closure, Platts Energy Week, http://plattsenergyweektv.com/story.aspx?storyid=107686&catid=293 (last visited Feb. 10, 2011).
13 Final Brief for Tennessee Valley Authority at 19, North Carolina ex rel. Cooper v. Tenn. Valley Auth., 615 F.3d 291 (4th Cir. 2010) (No. 09-1623) hereinafter TVA Brief.
14 See North Carolina ex rel. Cooper v. Tenn. Valley Auth. (TVA I), 593 F. Supp. 2d 812, 819-20 (W.D.N.C. 2009).
15 National Ambient Air Quality Standards, 40 C.F.R. §§ 50.4-.7, 50.9, 50.11, 50.13, 50.15 (2010).
16 See Clean Air Act, 42 U.S.C §§ 7402, 7407 (2006).
17 Id. § 7407.
18 Id. § 7416 ("Nothing in this chapter shall preclude or deny the right of any State or political subdivision thereof to adopt or enforce (1) any standard or limitation respecting emissions of air pollutants or (2) any requirement respecting control or abatement of air pollution . . . .").
19 Clean Smokestacks Act, N.C. Gen. Stat. § 143-215.107D (2009).
20 2002 N.C. Sess. Laws 79.
21 See TVA I, 593 F. Supp. 2d at 815. North Carolina claimed that the damages cost the state billions of dollars in health care expenses, missed school and work days, plant damage, and lost tourism. Id.
22 See North Carolina ex rel. Cooper v. Tenn. Valley Auth. (TVA II), 615 F.3d 344, 350, 352-53 (4th Cir. 2008). The Fourth Circuit reasoned that the "sue-and-be-sued" clause of the TVA Act waived sovereign immunity. See id. at 348. Furthermore, the Fourth Circuit waived any Supremacy Clause protections by holding that public nuisance falls into the meaning of "requirement" in the CAA saving clause. See id. at 352-53.
23 See TVA I, 593 F. Supp. 2d at 818-28, 829-30. The decision to apply source state nuisance law, rather than North Carolina's nuisance law, derived from the Supreme Court case International Paper Co. v. Ouellette. See 479 U.S. 481, 487 (1987).
24 See TVA I, 593 F. Supp. 2d at 832. These injunctions would cost TVA approximately one billion dollars. TVA II, 615 F.3d at 298.
25 See TVA Brief, supra note 13, at 15-16.
26 See id.
27 See TVA II, 615 F.3d at 296.
28 See id. at 302-03. According to the Fourth Circuit, judicial regulation of air pollution through nuisance law would lead to forum shopping, consideration of legal over technological demands, and injunction-driven improvements, all of which would undermine the uniform regulatory framework of the CAA. See id. at 302.
29Id. at 307, 309; see Ouellette, 479 U.S. at 497. In Ouellette, Vermont citizens invoked Vermont state nuisance law in suing a New York paper mill for discharging pollutants into a shared water body. Id. at 483-84. The discharge was in fact authorized by the CWA permitting scheme. Id. at 490 n.10. The Supreme Court held that the CWA's saving clause preserves the right to a remedy only under the law of the source state, notwithstanding a comprehensive federal permitting scheme. Id. at 497-99. The Court thus rejected the defendant's claim that the CWA preempted all common law actions. Id. at 497-99. In addition, the Court held that the saving clause, by its terms, preserves common law actions under source state law. Id. at 497. As such, the Court remanded the case to district court to apply New York nuisance law. Id. at 500. Note that the saving clauses of the CWA and the CAA are nearly identical. Compare Clean Water Act, 33 U.S.C. § 1365(e) (2006) ("Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any effluent standard . . . .") (emphasis added), with Clean Air Act, 42 U.S.C. § 7604(e) (2006) ("Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any emission standard . . . .") (emphasis added).
30 See TVA II, 615 F.3d at 308. Although North Carolina, in its final brief, refuted the claim that expert testimony at trial relied on CSA standards, suggesting that the CSA demands a system-wide cap, the district court applied a plant-by-plant analysis. Final Brief of Appellee State of North Carolina at 41-42, North Carolina ex rel. Cooper v. Tenn. Valley Auth., 615 F.3d 291 (4th Cir. 2010) (No. 09-1623). Furthermore, the trial court's injunctions resembled TVA's own plan for emissions reductions, rather than that of the CSA. See id.
31 See TVA II, 615 F.3d at 309.
32 See id. at 309-10.
33 See id. at 310.
34 See id.
35 Id.
36 Id.
37 Clean Air Act, 42 U.S.C. §§ 7426(b), 7410 (a)(2)(D) (2006).
38 See North Carolina v. EPA, 531 F.3d 896, 930 (D.C. Cir. 2008) (per curiam).
39 See TVA I, 615 F.3d at 311.
40 Id.
41 See infra notes 42-73 and accompanying text.
42 See, e.g., Comer v. Murphy Oil USA, 585 F.3d 855, 855 (5th Cir. 2009) (permitting coastal land owners to bring a putative class action against oil and energy companies, claiming that their greenhouse gas emissions led to climate change and posed a public nuisance), vacated, 607 F.3d 1049 (5th Cir. 2010) (en banc) (lacking quorum); Connecticut v. Am. Elec. Power Co., 582 F.3d 309, 310 (2nd Cir. 2009) (holding that plaintiffs stated a claim of public nuisance and that such a claim against electric power companies was justiciable). See generally Randall S. Abate, Public Nuisance Suits for the Climate Justice Movement: The Right Thing at the Right Time, 85 Wash. L. Rev. 197 (2010) (establishing that public nuisance litigation could provide environmental justice with regard to climate change); Christine A. Klein, The New Nuisance: An Antidote to Wetland Loss, Sprawl, and Global Warming, 48 B.C. L. Rev. 1155 (2007) (noting a shift in nuisance law towards a more offensive tool used to institute changes in environmental legislation).
43 Telephone Interview with Matthew M. Pawa, Principal, Law Offices of Matthew M. Pawa, P.C., (Sept. 7, 2010) (lead counsel in Am. Elec. Power Co., 582 F.3d 309). Product manufacturers, particularly of lead paint, have similarly succeeded over the years at building a body of case law that disparages the tort of nuisance as a tool for plaintiffs. See Peter Tipps, Note, Controlling the Lead Paint Debate: Why Control Is Not an Element of Public Nuisance, 50 B.C. L. Rev. 605, 605-06 (2009).
44 See North Carolina ex rel. Cooper v. Tenn. Valley Auth. (TVA II), 615 F.3d 291, 302 (4th Cir. 2010).
See R. Trent Taylor, Fourth Circuit Reverses $1
Billion Injunction Related to Air Emissions in State of North
Carolina v. TVA, McGuireWoods LLP (Aug. 2, 2010),
woods.com/news-resources/item.asp?item=4997; see also Int'l Paper Co. v. Ouellette, 479 U.S. 481, 497 (1987) ("The saving clause specifically preserves other state actions . . . .").
46 See Ouellette, 479 U.S. at 497; Am. Elec. Power Co., 582 F.3d at 310, 375 n.42, 378 (permitting plaintiffs to bring a public nuisance claim within the purview of the CAA and eschewing the conclusion that the CAA is so comprehensive as to displace other actions); Her Majesty the Queen v. City of Detroit, 874 F.2d 332, 342-43 (6th Cir. 1989) (holding that the plain language of the saving clause, congressional intent, and Supreme Court precedent indicates that the CAA does not preempt state action).
47 See State of North Carolina's Petition for Rehearing and Suggestion for Rehearing en banc at 5, North Carolina ex rel. Cooper v. Tenn. Valley Auth., 615 F.3d 291, 302 (4th Cir. 2010) (No. 09-1623).
48 TVA II, 615 F.3d at 302-03.
49 See id.
50 Id. at 303.
51 See 479 U.S. at 498-500 (holding that "the application of the source State's law does not disturb the balance among federal, source-state, and affected-state interests" and that "nothing in the Act prevents a court sitting in an affected State from hearing a common-law nuisance suit . . . .").
52 Clean Air Act, 42 U.S.C. § 7604(e) (2006) (emphasis added). The Court in Ouellette also held that the "saving clause negates the inference that Congress 'left no room' for state causes of action." 479 U.S. at 492.
53 See TVA II, 615 F.3d at 303-04.
54 See id. (citing Pac. Gas & Elec. Co. v. State Energy Res. Conservation & Dev. Comm'n, 461 U.S. 190, 203-13 (1983)).
55 See id. (reasoning that applying state nuisance law and imposing injunctions on the TVA amounts to replacing "comprehensive federal emissions regulations with a contrasting state perspective about the emissions levels necessary to achieve those same public ends").
56 See id. The Fourth Circuit also relied on additional language from Ouellette-stating that "if affected states were allowed to impose separate discharge standards on a single point source, the inevitable result would be a serious interference with the achievement of the 'full purpose and objectives of Congress'"-to hold that the Supreme Court did not intend affected states to impose separate discharge standards. Id. (quoting Ouellette, 479 U.S. at 493-94). The context of this statement in Ouellette is the construction of the Supreme Court's argument that source state law must be applied in public nuisance cases, rather than affected state law, and not that state law is preempted entirely. See 479 U.S. at 494 ("Because we do not believe Congress intended to undermine this carefully drawn statute through a general saving clause, we conclude that the CWA precludes a court from applying the law of an affected state against an out-of-state source.") (emphasis added).
57 See TVA II, 615 F.3d at 304.
58 See id.
59 See id. at 305.
60 See id. at 306.
61 See id.
62 See id. at 309--10.
63 TVA II, 615 F.3d at 309-10.
64 See id. at 310.
65 See infra notes 66-70 and accompanying text.
66 See Birmingham v. Fairfield, 375 So.2d 438, 438 (Ala. 1979) (placement of drainage pipes); Johnson v. Bryant, 350 So.2d 433, 433 (Ala. 1977) (extension of pier); Birmingham v. Scogin, 115 So.2d 505, 512 (Ala. 1959) (operation of a garbage dump); Fricke v. Guntersville, 36 So.2d 321, 322 (Ala. 1948) (placement of drainage ditches); Branyon v. Kirk, 191 So. 345, 349 (Ala. 1939) (placement of sidewalks); O'Neil v. State ex rel. Baker, 206 S.W.2d 780, 780-81 (Tenn. 1947) (construction of a liquor store); Fey v. Nashville Gas & Heating Co., 64 S.W.2d 61, 62 (Tenn. Ct. App. 1933) (gas pipes).
67 Borland v. Sanders Lead Co., 369 So.2d 523, 526 (Ala. 1979).
68 See State v. Champion Int'l Corp., 709 S.W.2d 569, 574, 576 (Tenn. 1986), vacated, 479 U.S. 1061 (1987) (holding that a permit to discharge under the CWA foreclosed the possibility of public nuisance).
69 See 479 U.S. 1061, 1061 (1987).
70 See id.
71 See TVA II, 615 F.3d at 309-10; Restatement (Second) of Torts § 821B (2010).
72 See TVA II, 615 F.3d at 310.
73 See id.
74 See infra notes 75-104 and accompanying text.
75 See infra notes 80-84 and accompanying text.
76 See infra notes 88-104 and accompanying text (cautioning against the permit shield doctrine).
77 See North Carolina ex rel. Cooper v. Tenn. Valley Auth. (TVA II), 615 F.3d 291, 301 (4th Cir. 2010).
78 See id.
79 See id. at 296.
80 See Int'l Paper Co. v. Ouellette, 479 U.S. 481, 498-99 (1987) ("Application of the source State's law does not disturb the balance among federal, source-state, and affected-state interests.").
81 See Alexandra B. Klass, Common Law and Federalism in the Age of the Regulatory State, 92 Iowa L. Rev. 545, 579 (2007) (establishing that the federal government's failure to address modern environmental concerns has introduced a new role for state and local governments, as well as for state common law, to ameliorate environmental issues); Susannah Landes Weaver, Setting Air Quality Standards: Science and the Crisis of Accountability, 22 Tul. Envtl. L.J. 379, 386 (2009) (noting "the tremendous complexity of ecosystems, and, consequently, the great scientific uncertainty associated with our understanding of the relationship of environmental factors to human health"). Some scholars have expressed serious concern over the federal regulatory framework's ability to address modern environmental issues. See, e.g., Klass, supra, at 579-80 (emphasizing the failure of the federal regulatory system and the importance of state common law in addressing environmental issues); Wendy E. Wagner, Administrative Law, Filter Failure, and Information Capture, 59 Duke L.J. 1321, 1321, 1409 (2010) (demonstrating shortcomings of the public hearing process); Weaver, supra, at 389-90 (establishing imperfection of regulations based on scientific data alone).
82 See Wagner, supra note 81, at 1321, 1374-84 (establishing that information capture by administrative agencies faces three major challenges: imbalances in resources of the parties, information "symbiosis" between the agency and the industry, and imbalance in participation in the public hearing process due to cost).
83 See supra notes 81-82 and accompanying text.
84 See Clean Air Act, 42 U.S.C. § 7604(e) (2006) ("Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any emission standard or limitation or to seek any other relief . . . ."); S. Rep. No. 101-228, at 249 (1989), reprinted in 1990 U.S.C.C.A.N. 3385, 3582 ("To assure that such a preemption of State or local law, whether statutory or common, does not occur, environmental legislation enacted by the Congress has consistently evidenced great care to preserve state and local authority and the consequent remedies available to citizens injured by the release of harmful substances into the environment.").
85 See TVA II, 615 F.3d at 296.
86 See 42 U.S.C. § 7604(e) (expressly permitting state action); Ouellette, 479 U.S. at 500 (contradicting TVA's holding); TVA II, 615 F.3d at 296 (indicating criticism of nuisance doctrine not necessary to holding).
87 See, e.g., Murphy v. EAPWJP, LLC, 1 A.3d 1171, 1180 (Conn. App. 2010); Young v. Bryco Arms, 821 N.E.2d 1078, 1084 (Ill. 2004); Neuse River Found. v. Smithfield Foods, Inc., 574 S.E.2d 48, 53 (N.C. App. 2002); Brading v. Cnty. of Georgetown, 490 S.E.2d 4, 8 (S.C. 1997); Atkinson v. City of Pierre, 706 N.W.2d 791, 797 (S.D. 2005).
88 See TVA II, 615 F.3d at 310.
89 See id.
90 See id.
91 See supra notes 81-82 and accompanying text (establishing potential and actual gaps in the federal environmental regulatory system).
92 See supra notes 81-82 and accompanying text. Some scholars have argued that precluding public nuisance violates due process. See Robert L. Glickman, Federal Preemption and Private Legal Remedies for Pollution, 134 U. Pa. L. Rev. 121, 179, 182 (1985) (demonstrating due process issues with preemption of state common law relief); W. David Slawson, The Right to Protection from Air Pollution, 59 S. Cal. L. Rev. 667, 674-75 (1986) (arguing that protection from air pollution is a right and that separation of powers demands judicial involvement). See generally Jan Erik Hasselman, Comment, Alaska's Nuisance Statute Revisited: Federal Substantive Due Process Limits to Common Law Abrogation, 24 B.C. Envtl. Aff. L. Rev. 347 (1997) (criticizing a statutory permit shield as a violation of due process).
93 See, e.g., cases cited supra note 66.
94 See infra notes 95-97.
95 See Weaver, supra note 81, at 386. The "great scientific uncertainty" that concerned Weaver is not as severe at the local level and in some cases, is nonexistent. Compare, e.g., O'Neil v. State ex rel. Baker, 206 S.W.2d 780, 780-81 (Tenn. 1957) (dealing with the construction of a liquor store), and Branyon v. Kirk, 191 So. 345, 349 (Ala. 1939) (dealing with placement of sidewalks), with Weaver, supra note 81, at 386.
96 See Wagner, supra note 81, at 1321, 1374-84. The information capture challenges at the federal agency level would also be less severe at the local level, where the subject matter is not as complex and participation is less costly. See id.
97 See infra notes 98-99 and accompanying text.
98 Jamie Grodsky, Genetics and Environmental Law: Redefining Public Health, 93 Calif. L. Rev. 171, 198-99 (2005) (noting the difficulty of identifying and protecting the "sensitive citizen" subgroup).
99 See id.
100 See TVA II, 615 F.3d at 310.
101 See id. North Carolina began this process in March 2004 by petitioning the EPA to establish control requirements for power plants in thirteen other states; as of the date of the TVA opinion, the outcome was still pending. Id. at 311.
102 40 C.F.R. § 70.2 (2010). Oxides,
however, can travel hundreds of miles from their source.
Interstate and International Air Pollution, EPA,
state.html (last visited Feb. 10, 2011). Old coal-fired plants in the Midwest cause perennial air pollution problems in eastern states. Richard A. Oppel Jr. & Christopher Drew, States Planning Own Lawsuits over Pollution, N.Y. Times, Nov. 9, 2003, at A1.
103 40 C.F.R. § 70.6(a)(2) (2010) (establishing five-year permit renewal period); 40 C.F.R. § 70.6(d) (establishing that public participation is necessary for the issuance of a permit).
104 Brief of Amici Curiae in Support of the State of North Carolina at 10-11, North Carolina ex rel. Cooper v. Tenn. Valley Auth., 615 F.3d 291 (No. 09-1623) (claiming they will be "restricted in their ability to redress interstate air pollution").


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Mandela: Long Walk to Freedom
Idris Elba Talks About His New Album, mi Mandela
Originally posted 12/08/2014 03:20PM
You're probably familiar with Idris Elba, the actor. But are you familiar with Idris Elba the DJ? The guitarist? The house music buff?
Mandela's Daughters Learn of Father's Death Midway Through London Film Premiere
Originally posted 12/06/2013 10:00AM
In an emotional judgment call, two of Nelson Mandela's daughters decided that the London premiere of the Mandela biopic Mandela: Long Walk to Freedom would continue, despite the former South African president's death Thursday at the age of 95.
Zenani and Zindzi Mandela attended the premiere and learned of their father's death during the screening. Though the pair left the Odeon Leicester Square theater, they asked that the film play to the end uninterrupted, according to a statement from the Nelson Mandela Foundation.
Zindzi Mandela had spoken about her father's health on the film's red carpet, saying that he was "fine."
"He's just a typical 95-year-old who is frail," she added.
Prince William and Kate Attend Mandela Premiere in London
Originally posted 12/05/2013 03:45PM
The party season is in full swing for Prince William and Kate as they stepped out for a movie premiere Thursday in London.
The couple, both 31, were the guests of honor at the U.K. premiere of Mandela: Long Walk to Freedom.
Kate, in a favorite white Roland Mouret gown that she previously wore to a private dinner in May 2012, and William, in his traditional tuxedo, lit up the chilly West End evening.
See This/Skip That: From Frozen to Mandela
Originally posted 11/27/2013 04:15PM
Send the kids to Frozen and the adults to Homefront for a satisfying holiday weekend, says PEOPLE's critic.
Here's what to see and what to skip in movie theaters this Thanksgiving.
Toronto International Film Festival
PEOPLE's Movie Critic Picks Best of Toronto Film Fest
Originally posted 09/09/2013 02:30PM
The heady first few days of the Toronto International Film Festival are wrapping up, so how are the heavy hitters doing so far? Here are some of the biggies:
The most buzzed about stars this minute!
Treat Yourself! 4 Preview Issues
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Nikon Coolpix S7c Review
Latest Camera Reviews
The Nikon Coolpix S7c is an update of the S6 compact digital camera, featuring the same distinctive "wave design", 3x optical zoom lens, 3 inch LCD screen and Wireless functionality. New features for the Nikon S7c are focused on improving low-light capability, with a High Sensitivity shooting mode, expanded ISO range of 50-1600 and the addition of Electronic Vibration Reduction. The Nikon S7c also features the usual Nikon technologies - In-Camera Red-Eye Fix, Face-Priority AF and D-Lighting - to help improve your photos. We find out if the slim and stylish Nikon Coolpix S7c can still make the grade in our third review of the week.
Website: Nikon Coolpix S7c Review
Your Comments
1 Comment | Post a Comment
bad camera , White Spots Blobs & Circles Ruin 75% of Photos
75% of images taken by this camera are ruined by white blobs, white halos, white circles, white comets, or other white artifacts that cover portions of the image. They show up randomly, with little rhyme or reason. Appears to be some sort of camera design flaw that allows flash light to bounce around inside the lens system. The artifacts move around in location from photo to photo, and are not the sort of thing you can fix easily in a photo editing program, so it's a deadly flaw, particularly when they pock-mark your subject's face. When this problem was brought to notice of Mr David Dentry, General Manager, Technical Support , Nikon Inc, he wrote "Our engineers have studied the problem at length and it only happens when there is particulate in the air. Smoke, water vapor, dust, etc. I am not implying that your area is dusty because a single piece of dust in the air can cause this. Again, there is nothing else we can do. Sorry." but as per my observations the spots are appearing in the very clear air conditioned environment also.


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CALS graduates share their experiences at graduation - 2015
Advanced technology makes our online paralegal classes possible.Dedicated students and faculty bring online classes to life.
Our Paralegal Certificate Program is designed for college graduates. This program is streamlined to provide education in the most employable and demanding areas of the law.
This program is designed specifically for students working towards their first college degree and provides comprehensive preparation for a paralegal career.
© 2016 www.paralegal.edu
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Full CoverageBreaking News
Moore group helps hydrate volunteersUPDATED 7:54 AM CDT Jul 10, 2014
A group called Serve Moore is helping hydrate volunteers who are helping rebuilding efforts in Moore.Video Transcript
THE RUNOFF ELECTIONS ARE THE 26th WANT. REBUILDING FROM A DEVASTATING TORNADO IS HARD ENOUGH, AND THEY HAVE NOT DONE THE CITY ANY FAVORS. NOW A GROUP OF VOLUNTEERS ARE STEPPING IN WITH MUCH-NEEDED SUPPORT. HERE WITH THE STORY, NEW AT 10:00 TONIGHT.
CommentsThe views expressed are not those of this site, this station or its affiliated companies. By posting your comments you agree to accept our terms of use.blog comments powered by Disqus


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Up and coming producer Peso Piddy has worked with various artists such as Ace Hood, Lil Wyte, OG CHE$$, Joe Cool, Slick Pulla, King Louie and Lil Keke to name a few; when he approached me to collaborate on an instrumental project it was an easy decision to choose yes. In my opinion good production is the key to having a good piece of music, I have to commend Peso Piddy for consistently putting out good work and releasing this for free.
We both share an infatuation for thick woman and the chopped and lean inspired feel of this instrumental made me instantly think of Texas, which in turn made me think of one of my favorite adult actresses the perfectly thick Alexis Texas (pictured above, Google her if your not familiar).
I present to you "AleXis TeXas" (Instrumental) for FREE. Check below for a stream and download. If you are an artist feel free to create with this, if your like me just sit back and enjoy the vibes.


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Manchester, 30 April 2013: Manchester tech company Melbourne Server Hosting, voted one of the coolest places to work in the UK, has reported a spike in business from e-retailers.
In the first three months of 2013, Melbourne took almost 300 new orders for server hosting. A growing number of e-retailers including BBC Television 'The Apprentice' contestant Susan Ma's skincare brand, Tropic Skin Care have turned to Melbourne to support their online presence. Melbourne also provided new high-capacity server solutions for Manchester-based fashion brands AX Paris and Little Black Dress to support their recent TV appearances and primetime advertising campaigns.
Chris Marsh, Commercial Manager for Melbourne Server Hosting, said: "Many exciting retail brands are establishing significant UK and European markets through their growing online presence and we're delighted that so many of them are turning to us for reliable, round-the-clock support."
The increase in business means Melbourne is now looking to expand its staff from the 30 people currently employed at its data centres and offices on the Manchester Technopark.
Rajesh Joshi, Brand Manager for Melbourne Server Hosting, said: "We're looking for talented people to join the Melbourne family and help support our continuing growth. Not only will you get to join one of the most fun, creative and forward-thinking hosting companies in the UK, you'll also get to work in some of the funkiest offices too."
Melbourne's offices at Lovell House were voted among the UK's top 10 coolest offices to work in by The Telegraph and are featured on Google Street View.
Melbourne Server Hosting is part of iomart Group plc, which provides bespoke cloud and managed hosting from seven fully-owned and managed data centre locations across the UK which are connected by a high-speed fibre network.


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Nikon Coolpix S6 Review
Latest Camera Reviews
The Nikon Coolpix S6 is an eye-catching 6 megapixel digital camera with a distinctive "wave design". The S6 offers a 3x optical zoom lens, large, high-resolution 3 inch LCD screen and Wireless functionality. The Nikon S6 also features the usual Nikon technologies - In-Camera Red-Eye Fix, Face-Priority AF and D-Lighting - to help improve your photos. Is the Nikon Coolpix S6 more than just a good-looking camera? Read our latest review to find out.
Website: Nikon Coolpix S6 Review
Your Comments
2 Comments | Newest Oldest First | Post a Comment
A very helpful and complete overview.
The internal memory of the Nikon CoolPix S6 can manage about 10 minutes of high-quality video and over 27 minutes of "normal" quality clips. Besides, thanks to this camera, your videos, which are saved using the WAV format, are also readable by QuickTime. Learn about other features of the camera from the Electronics Review


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Shouted down, or off camera, but there. If you listen hard enough. Or if you read.
But it's hard to get past all the name-calling and label-hanging. Socialists, Astroturfers, Nazis, all of it, obscures reason like graffitti obscures a sound wall. We don't hear solid logic, or find appreciation for the art of compromise. We hear only the screamers.
"It saddens me to see how much anger there is in this country," said Betty Butler, 83, who spoke at the Piscataway town hall meeting Monday night with Rep. Frank Pallone.
Butler has watched policy issues debated since FDR's New Deal and wonders where the "civility" has gone.
She held a sign that said "Healthcare NOT Warfare" as she spoke Monday. A gentle soul in '60s jewelry and dress, she asked Pallone to back single-payer healthcare because the sick and poor deserve treatment, too. She was vociferously hooted by some as she spoke, then applauded by others when she mentioned the costs of the wars in Iraq and Afghanistan.
"Everyone seems so frustrated and fearful, so afraid of losing what they've got," she said, with a hint of sadness in her voice. "We no longer know how to talk to each other."
More accurately, we no longer know how to listen to each other.
"People have become too idealogical," Pallone said, with a hint of weariness in his voice after the first of two 90-minute sessions Monday night. "It would be great if we could think of things more practically and get away from the ideology and labeling."
And name calling. Socialist. Communist. Fascist. These words are bandied about, without regard for definition. Or reality. Or history.
People on either side call each other Nazis. Barack Obama is called Hitler.
Has our IQ fallen that low? Or our knowledge of history? Not to mention our sense of decorum.
While introducing Pallone Monday night, Piscataway mayor Brian Wahler asked the crowd to be respectful. In the back, a guy held a day-glo green sign that said "It's really about Liberty!" on one side, and "BULLSHIT!" on the other. As Pallone spoke, the BS side often faced him. So much for decorum.
Jim Granelli, who is against the healthcare plan because he is against government control, arrived at the town hall meeting at 4:30 p.m. and was second in line.
"I wanted to make sure I got in," he said.
Granelli also thinks the days of compromise and intelligent discourse are over.
Almost on cue, two verbal skirmishes broke out on either side of Granelli in minutes. Eve Gittelson, who blogs for Huffington Post and the Daily Kos, and Rosi Efthim, the editorial director of the political website Blue Jersey, were arguing with Dan Fialkowski, who was wearing a Tea Party t-shirt.
"The fact that some people don't have healthcare in the wealthiest country in the world makes me ashamed to be an American," she said. "We represent the mainstream: 77 percent of Americans want a public option."
"Not anybody I know," said Fialkowski. "And whose going to pay for it?"
As faces got red, Fialkowski twice touched Efthim's arm while making a point.
"Don't touch me!" she said, getting the attention of police at the door.
On the other side, Manijeh Saba, who is for the plan, argued with a woman who asked not to be identified because she works in the healthcare field. Their voices drowned each other out.
"I can't ge a word in edgewise," the healthcare worker said.
"You just talk. But you're not listening," both said to each other, almost in unison, before Saba walked away.
And so the bumper stickerisms fly. "Higher Taxes. Rationing. Bankruptcy." said one sign. "Certified MOB Member," said another. "No Obamacare."
Those were the hand-made signs. The printed ones came from pro-plan lobbying groups like Healthcare for America, and New Jersey Citizen Action.
"And they call us Astroturf," Fialkowski said. "They're a hell of a lot more organized than we are. This place is filled with their operatives. Half of them aren't even from New Jersey."
One of those "operatives" was a young idealist named Crystal Snedden. At 25, she sees hope in the discussion.
"I think when you talk to people one-on-one, you can have a rational conversation," she said. "When you have these huge crowds, then it gets a little crazy. It seems like people are more interested in taking down the president than the actual healthcare debate."
When you have huge crowds, you also get media attention. When you get media attention, the posturing starts. The signs get thrust into the cameras, the fingers get pointed, the voices go up.
Is it all to be heard?
Or be seen?
Previous coverage:
|One thousand people attend town hall meeting in Red Bank on health care
• Hundreds attend health care meetings at Rowan University, Piscataway town hall
• Obama officials: Taxes may rise to pay health care
• N.J. lawmakers hold teleconferences to discuss national health care reform
• Congressman Scott Garrett criticizes Obama administration on health care
• Health care group says 200K more N.J. residents in danger of becoming uninsured by 2010


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Here is a fantastic post by our CEO +Erik Goldhar that explains what this might mean for the Real Estate Industry.
Let me first clarify the title of this post. It could have just as easily included: Movie Websites, Sports Websites, Fashion Websites, Food Websites and just about any other kind of information site on the internet.
To understand where I am going with this, let me explain what Google's Knowledge Graph actually is.
Since they were created (at least going back to the mid 1990's) search engines have tried to match your search query words to words on web pages. When Alta Vista, early Yahoo, et al tried to do this their systems were almost immediately, and easily 'gamed'.
Website creators would simply insert the keywords you were searching for on their web page as many times as possible – some even hid the words on their pages by making the text and background color the same. These tactics became known as "keyword stuffing".
While these early search engines figured the more often these keywords appeared on a page, the more relevant that page was to your query. The fact is they just as often led a query, say, for Brittany Spears to web pages about golf. Not a great user experience.
Around the same time Google emerged with what it believed to be a solution to this problem: 'PageRank'.
PageRank basically gave pages a score (ranking) based on the number of incoming links that the web page received from other website pages. Google deemed the action of another site linking to yours as a sort of seal of approval (i.e. thumbs up). Still, it's important to note that this wasn't the only factor Google looked at when ranking a page, but it was certainly at the top of the list.
But over the years, tech savvy individuals learned how to 'game' this system too. Website creators began doing some less than savory things to get as many 'backlinks' to their sites as possible. Many added 10's of thousands of these a day through automated services, thus bumping its pages up in the search results.
These tactics naturally lead to search results not based on the best content relative to your search, but instead, who had gamed the system best.
Of course Google's core product is search. Its business therefore depends on the quality of the results it serves us up. Without meaningful results, however, Google (and Bing as well) would lose eyeballs, and revenue sustaining ad dollars along with them.
So Google sprung back into repair mode in April/May of 2011 by introducing #Panda and then #Penguin this April. I won't elaborate on these here, but know that Google's updates (which are ongoing) were implemented to clean up 'web spam' and penalize the gamed sites.
Enter the 'Knowledge Graph'
It's where Google search is going for both desktop and mobile devices. Google made this big announcement on May 16, 2012 but, the Facebook IPO eclipsed it so many people missed it. Google is rolling out the graph slowly across the US and then into other countries shortly after. Here is a link to Google's official release video:
Introducing the Knowledge Graph
Here's how Google describes the Knowledge Graph:
"When you search, you're not just looking for a webpage. You're looking to get answers, understand concepts and explore. The next frontier in search is to understand real-world things and the relationships among them."
"So we're building a Knowledge Graph: a huge collection of the people, places and things in the world and how they're connected to one another. This is how we'll be able to tell if your search for "mercury" refers to the planet or the chemical element – and also how we can get you smarter answers to jump start your discovery."
Attached is a screen grab of the search results page for Tom Cruise – the Knowledge Box Appears on the right.
So now you're wondering what the heck all this really means to me?
The Knowledge Graph is also known as 'Semantic Search' – a concept that's been around a long time but hasn't gained much traction until Google bought a company deep into the concept called Freebase last year. Google now has the ability to understand the words you're searching for – and no longer tries to match words on a page – but instead give you results based on the truest meaning of the words in your query.
#Google is able to do this by collecting data on a number of elements. For example, it has begun using data to conclusively figure out what other people have "meant" when searching for the same thing (i.e. do more people mean #TajMahal the palace or Taj Mahal the casino?).
Again, the system is looking at what you personally searched for in the past, as in, do you typically search for 'weather in Seattle'? Google is further integrating signals from social networks (it's mission critical to get on the Google Plus train folks!).
But probably most important of all (at least relative to this post), Google is using semantic markup language, which basically allows you to give detailed information about specific content on your web site (e.g. a property listing) that can easily be read by a search engine and help them understand the meaning of that specific content.
What does all of this have to do with the demise of real estate sites?
To clarify, I mean all of the real estate sites that offer only property listing information. Specifically, the #knowledgegraph may have big impact on the listing #syndicators that don't offer much beyond property details.
First, let's use the example of Tom Cruise. In a recent blog post, Google's search boss, Amit Singhal, stated that, "the information we show for Tom Cruise answers 37 percent of next queries that people ask about him."
So what does this mean?
Well, let's say you run a website that sells Tom Cruise dolls. Odds are you have some Tom Cruise information on your site and use this information (birthday, movie list, Katie Holmes, etc.) to create unique content that helps you get listed high in the search results and therefore drives traffic to your site. And once people are on your site you can now sell them your dolls.
You indeed provided an answer to a Tom Cruise question(s) on your site and then offered a Tom Cruise product to an engaged audience.
Based on what Amit is telling us though, you may have just lost a huge chunk of that audience (37%) because of the Knowledge Graph.
Ultimately, people will no longer actually need to click through to a website to get their questions answered – the answers will be right their inside the search results page. The only reason someone would need to click through is to take a much deeper dive into Tom Cruise content or to specifically buy your doll.
So, let's apply this same rationale to the syndicators and other sites that only serve up property details.
Some syndicators are currently using semantic markup for all of their listings. On the surface this is a good thing because Google will certainly give preferential treatment to those that are creating content built for the graph. Even so, despite giving Google what they require the syndicators may be caught between a rock and a hard place.
Syndicators make their money from having people visit their site. More traffic means more ad revenue.
Because the Graph is not yet rolled out to #realestate listings, you'll have to use your imagination here…. Do a search for the Taj Mahal and then envision the knowledge box instead displaying property information details. All aspects of the property details can be marked up so they will display in the box, i.e. Address (with a map), Bedrooms, Bathrooms, Square Footage, Pictures, Schools Close By, etc, etc.
For example, a search for 'Homes For Sale In Seattle' would return a short list of the homes available with the ability to click on related searches at the bottom of the box (still keeping you inside Google) that would take you to next group of 5 homes for sale that relate to your initial search.
So, if a home shopper gets the answer they need from the knowledge box in the search results why would they need to click through?
Basically Google becomes the defacto website (across all verticals) for this top-level view of information.
So, why exactly may syndicators be caught between a rock and a hard place?
If they do not use the markup language for their listings they'll probably be left out of the knowledge box results.
If, on the other hand, they do use markup language on their listings, these may show up in the knowledge box, however, this will be tantamount to providing home shoppers with all the information they need without them needing to click through to their site.
As a home searcher I will be able to get all of the information I need right in the search results, again, including the agent's name and contact information. Which brings up a very interesting point...
Because the markup language also allows you to connect a specific property to a specific real estate agent, it will be interesting to see if the syndicators use the actual listing agent's information or if they will use the sponsored agent's details.
Many refer to the syndicators as "scraper" sites, which means they are 'scraping' the MLS's information to create pages on their own site that contain property details. Depending on the varying perspectives of each of the stakeholders in the real estate value chain, scraping isn't necessarily a bad thing – and it's definitely the practice of some of the largest most popular websites out there.
Regardless, the Knowledge Graph may have just made Google the biggest scraper site on the Internet. Did all of the scrapers just get scraped!?
Why is Google doing this?
As I noted at the beginning of this post, the Knowledge Graph will not only affect real estate. It will affect all sites. The end goal of the Knowledge Graph is to clean up the search results and to provide a better user experience to Google users. Plus, the more time we spend on Google the more ad revenue it generates - a nice little bonus for them.
The old system of writing content based around keywords isn't dead (yet) but definitely less important. The meaning of the keywords you choose and their relationship to other keywords is what matters most moving forward.
What can you do?
Now more than ever before, you need to write engaging, unique and valuable content. You want to write about stuff that goes beyond what Google will include in its knowledge box information. You want to build around what homebuyers are really searching for – neighborhood character, great restaurants, local parks, local politics, schools…. All of these and more compose the rich information that will require searchers to click through to your site to get more.
Next, use semantic markup to let Google and Bing understand the important and relevant words/images on your pages. Our company, +clikbrix has already begun to implement this for our clients, and we are currently building the necessary markup into the Clikbrix 3.0 mobile platform.
It's also time to get social and then get more social. More and more Google is incorporating 'social signals' into its search algorithms. In our view, social is imperative and specifically #googleplus – if you're not on it yet, now is the perfect time.
Finally, take a breath. At this point no one really knows exactly how this will play out. Keep in mind, your end goal is to ensure that if your property listing does show up in the knowledge box that your name, contact details, even your profile pic, show up right along side it. This will help ensure that when people do a search, and land on a property they love, they'll contact you directly from the results page.
Time will tell whether the Knowledge Graph may not be the best thing for your personal, professional website. On the other hand, it could end up being the absolute best thing to happen to your real estate business in quite a while.
#realestatemarketing #realestateagents
Search Engine Optimization – including keyword research – has dominated the headlines for the last year or so. The fuel behind the SEO fervor is due to the recent changes Google has made to its ranking algorithms a.k.a. Panda and Penguin. And for good reason.
As website owners yourselves, you may have seen your site get knocked down (or out of first page results), on the other hand, you may have seen your results improve. Hopefully it's the latter, but regardless, understand that basic SEO principals remain as important as ever.
Talking about SEO strategy, most people assert that "content is king", and they're absolutely correct. However, before diving head first into your blog posts and developing site content, it's fundamentally critical to start first with keyword research.
But beware the so-called "SEO Gurus" out there hocking their services or products promising you a first page result. Some are good, some pure snake oil. But what continues to dumbfound me – whether intentionally misleading or simply uninformed – when it comes to keyword research what I see is typically dead wrong.
Keyword Research: The Wrong Way
Some SEO experts will urge you to find keyword phrases with massive traffic (monthly searches) and low levels of competition (other people trying to optimize a page for that same phrase). They tell you that if you do this, you'll rank on the first page of Google results for your phrase.
To accomplish this, they'll say to use (or they will on your behalf) the Google Keyword tool, and enter the phrase you want to rank for in order to find out how many people are searching for this phrase per month.
In the second image attached to this post you'll see I've searched for 'San Diego Real Estate'. This keyword returned 110,000 monthly searches (bottom left red box). Seems pretty good in terms of possible traffic for that phrase, doesn't it?
Let's come back to this in a moment.
You'll typically be instructed next to make sure your heavily searched keyword has very low competition. To determine this, it was likely suggested you do a Google search for your phrase and look at the 'Results' number that was returned under the search box. A high number means that it's a very competitive phrase and therefore you should probably stay clear of it.
Note the third image attached, our phrase 'San Diego Real Estate' resulted in about 34,100,100 results/pages with this phrase. UH OH, that seems like pretty stiff competition so I better ditch this keyword right? WRONG!
This approach to key word research will lead to only one thing: your competitors will get all of the web traffic (and therefore prospective clients) that should really be yours.
Here's why…
You'll notice in our keyword tool search that I had the 'Broad' phrase option selected (red box on the left). What does this mean? By selecting this option you are asking Google to give you the approximate amount of monthly searches that contain the words 'San Diego Real Estate'. But you're also asking Google to return results that contain other words that someone may likely have used in their search query.
In addition, by using the Broad match option, you are also asking for results of queries that use the words of your phrase in any order.
Here are some examples of Broad match results: 'I love San Diego and Real Estate', 'Real Estate homes for sale San Diego'.
These results are useless if you want to rank for your specific phrase.
Further notice, that under the Broad match selector that I could have chosen 'Phrase' as my option. When you select Phrase, you are asking Google to give you results that contain 'San Diego Real Estate' in the proper order but also results that include other words.
Here are a couple examples of Phrase match results: 'I Love San Diego Real Estate', 'San Diego Real Estate Is Hot', etc.
These results are also useless for your purposes.
Let's move on to the search results number of 34 million.
This number tells you approximately how many web pages contain the words San Diego Real Estate. It's a misleading number because it could mean that the words San Diego Real Estate appear on the page, however may not have any connection of any kind to each other.
To illustrate this, a page could be talking about Texas Real Estate and refer to a vacation the author of the post took to San Diego. Further, the author of this page could be trying to optimize for a keyword that has nothing to do with these four words – maybe this page is really about 'family vacations' and in the copy the author refers to 'San Diego', and separately mentions 'Real Estate' in Texas.
34 million is only telling you the number of pages that have these four words on them and therefore has nothing to do with competition levels for a keyword or SEO in general.
Another thing to note about this number is that it fluctuates in a big way. Do a test for yourself. First make sure you're logged out of Google and type in any search term and record the number returned. Then, perform the same search a few days later. Odds are the results will be very different. This obviously indicates that this number is unreliable, and therefore you shouldn't base your keyword research on it… IGNORE IT!
When the SEO expert tells you that 'low competition' is mandatory in order to rank for your keyword, they're also wrong.
This is why…
In the world of SEO the only thing that really matters is ranking as the number one spot for your keyword (ok, maybe number two) because this is where the traffic will come from. Site traffic falls off dramatically by the time you get down to the third result and beyond.
Here's a perfect analogy that really underscores this given to us by, +Shane Melaugh...
Let's suppose you've entered a car race where you'll get to drive a brand new Porsche. In this race you have 50 competitors and they'll all be driving Chrysler K-Cars (not to knock K-Cars of course). Although you have 50 competitors, odds are almost guaranteed you will finish in number one spot.
Now, you have a second race coming up, this time with only two competitors. You're still in your Porsche but the other two are driving Formula 1 racecars. In this race you're pretty much guaranteed to finish dead last.
As mentioned above, the only thing that matters in SEO is that you rank number one or two on the results page for your keyword. Therefore, it doesn't matter if you have two or 2,000 competitors. The only thing to care about is if you can beat out the number one ranked page and take over that spot for yourself.
The RIGHT WAY To Do Keyword Research
1. Use ONLY the exact match option in the Google Keyword tool. Notice below how many results the tool is now showing for my phrase. Although 12,100 is much smaller than 110,000, it is the only number that matters when the objective is to optimize for 'San Diego Real Estate'.
2. Notice in the fourth image attached it says the competition is "high". Before running from this phrase you need to ask yourself "What factors are making the competition so high?" By looking deeper, you may find that the top results are not optimizing for your phrase as perfectly as they possibly could be. Which may give you the edge to win the second race after all.
3. Do a deep competitive analysis on who is ranking at the top. Look for things like:
a. How well written is their Title tag. Does it include their exact keyword phrase… in its proper order?
b. Look for Youtube videos in the top spots. These can be knocked out with a dynamite blog post or an even better video than what currently exists.
c. Find out what their Page Rank and Domain Rank is. Anything under 4 (possibly a 5) might leave a big door open for you to reach number one.
d. Research their back-links from authority websites… only! If they don't have a ton of them, you can easily work to get these type of links for your own content.
e. Look at their page to see who they are linking out to. If they aren't, this is another opportunity for you. Google is now looking for pages that link out to authority websites and this tactic will also help you insert your content into the online ecosystem.
4. Get ready for the Knowledge Graph! - This is a subject for another post.
What worked in the past in SEO isn't likely to work today in terms of 'gaming the system.' Google has come down hard on website owners that us deceptive and spammy techniques in order to rank high in search results.
Today it's vitally more important than to write and create engaging and original content that capitalizes on what people are looking for via good keywords. Finding great keywords means doing great research… properly.
Have some fun with this: next time an SEO guru approaches and claims he can rank you number 1 for a keyword phrase that has 30 million monthly searches ask them if that's "broad or exact?"
Until then good luck – We can't wait to see you make that victory lap!
#seo #keywordresearch #realestatemarketing #knowledgegraph
I am no techy but my company +clikbrix is well underway with the development of re-building a large component of our mobile service offering for Realtors and Brokers.
One of the debates that surfaced while planning our mobile web design strategy was whether we should be building a standalone mobile website for our clients or a mobile website based on #responsivewebdesign .
Different Approaches - lots to think about!
1. Responsive - basically this will automatically format our desktop site to adapt to the different screen size that exist in the world of mobile devices. Many Wordpress themes have this functionality out of the box.
2. Standalone Mobile Site - build a completely different site from our desktop site that is built with the mobile device and as important the mobile user in mind. Perform a device detect when someone visits us and serve them up this standalone mobile site.
3. Combo - build a stand-alone #mobilewebsite that then also uses responsive design to tailor our mobile site to all of the varying screen sizes and device types out there.
Depending on your business needs, your decision would likely be affected by many factors...there were for us when we went through the process.
We based our decision on one main factor - USER EXPERIENCE. After that, the approach we would choose end up choosing was crystal clear.
Our thoughts
Page Layout
Responsive websites don't allow the design flexibility we can get by building a stand alone mobile site i.e if you main nav is on the top of your page it will be on the top of your responsive mobile site - typically stacked on top of each other.
As we know, most mobile sites and apps have the navigation at the bottom. Achievable but not easily achievable with responsive design.
Videos, Images and other files
Another factor in user experience is page load time...especially with dealing with a potential homebuyer on the front lawn of a property.
Responsive sites don't cut down on the file size of your page. For example - you may have a picture on your desktop site that is 200px by 200px and 150k. When someone views your responsive mobile site they will see the image at a smaller size but the image loading is still 150k.
We build mobile site for Realtors® and Brokerages and let me tell you...they have a lot of property pics.
Site Content
Have you ever noticed that some sites offer only a bit of content and functionality in comparison to their desktop versions? There is a reason for this.
The mobile user is typically pressed for time and they usually only want to perform a specific task or access specific information while using their mobile device.
For example, does a #homebuyer really want to access a mortgage calculator while standing in front of a house? Probably not. These widget type tools have extremely large files sizes that slow down page load times and therefore impact user experience.
By having a standalone mobile site you can serve up the content and functions that specifically target the mobile visitor's needs and make accessing those requested pieces of content much quicker.
We can tailor or search engine optimization specifically for our mobile pages.
Our Decision
There are also a number of other factors that have helped us determine that our approach is to build a standalone mobile website (that uses responsive design to help specifically tailor our standalone mobile site to many more device screen sizes.
More Reading
As I mentioned, I am a marketer not a technical person, so if I was unclear or slightly off in my descriptions please forgive me.
If you are interested in this topic (if you're not, you probably should be considering how important mobile is and is going to be) you should read this blog and specifically this article - http://www.lukew.com/ff/entry.asp?1390 - it helped me tremendously.
Thank you very much to +Luke Wroblewski for providing us technically challenged people with such clear and concise information!
I truly feel understanding how your site is going to be built for the booming mobile web is imperative in order to give your users the best possible experience.
cc +Mark Traphagen - very important for mobile SEO
#realestate #realtors #realestateagents
#realestatemarketing #realtors #realestateagents
Google Plus Local is live folks. I will not give a complete breakdown here because +Greg Sterling has done a great job explaining it on +Search Engine Land here -
And +Mark Traphagen here - http://www.virante.org/blog/2012/05/30/google-local-full-integration-of-google-places-into-google-plus/
I will say that this will have huge implications on your Google search results as it seems Google is indexing all local pages, not to mention the social signals this will give Google in terms of the reviews your business gets.
The implications for Realtors will be massive. Just take a look at my local searches for "Homes For Sale In Austin, Texas."
Wouldn't you like to show up in the top 3 or 4 for this term?
I will follow-up with more once I play around with it.
#realestatemarketing #homesforsaleaustin #googlepluslocal
+Krisstina Wise
+Krisstina Wise
+Cantera Real Estate
What is interesting to us is the massive growth of #qrcodes and the amount of mobile traffic that is generated by a mobile website vs. native mobile apps.
#Realtors should think about this as you decide how to launch your mobile presence. Not only is a mobile website less expensive than developing multiple native apps but it also appears as though the mobile web is where you will get most of your traffic.
#mobilemarketing #realestatemarketing
In this Shop.org/Forrester study a few things are apparent:
1. Tablets are driving larger sales orders than desktop and smartphone
2. Tablets accounted for 3.2% of all web sales
3. Mobile Ad budget account for less than 4% of total ad budgets (WHAT?!)
4. 75% of retailers said they use QR Codes for in-store marketing
5. QR Codes are number 1 mobile marketing tool for retailers with less than $10mil in sales and over $100mil in sales
6. Search is number 1 mobile website driver
7. 73% of mobile web traffic is web-based vs. native app based
8. 49% of retailers surveyed plan to invest in QR Codes in 2012
#mobilemarketing #qrcode #mobileseo #smartphone
This post and the articles attached to it is a must for #realestateagents / #realtors looking to include Google Plus into their #realestatemarketing .
We can't recommend Circle Plus enough. If you're a #realtor and you're investing in developing Google Plus as part of your Real Estate Marketing mix - CircleCount is a must.
Follow your posts to see how well they did and correlate them with how many users you gained...or lost as a result. You may see a particular post helped you get 10 followers or you may see that a post caused you to lose 10 followers. You can also see what day of the week or time of day gave you the best results for your posts.
If you have a business page you can add it to your personal account Circle Count dashboard so you can track both from one spot.
If you don't know about #circlecount here is a quick video to get you started. You can add your profiles to the circle count website here...
#realestatemarketing #googleplustips #googleplusforrealestate
Hey I'm Canadian, naturally I would love #blackberry to pull out of this.
I also run a mobile web company and we have just completed a mobile web app project for a large multinational brand.
Let me just say that building this web app for Blackberry was nothing short of a ridiculous experience. Simply getting the BB Map App to work with our web app was near impossible and slowed down the release date by weeks not days.
For development companies this is unacceptable and our only solution is to tell clients that they can have what they want on iPhone and Android but it simply isn't possible on BB.
Did you know that most (not all of course) BB's DO NOT come with GPS? Did you also know that some BB's (the ones that do have GPS) do not come with that feature activated out of the box and that you have to pay additionally for it per month?
It is near impossible to design one App and have it worked across BB devices - those that tell you otherwise are pulling your leg!
It would be nice if this 3rd option for development simply dried up completely. Because that will not be the case most likely, we can only hope that the new operating system offers mobile marketing firms much more to work with. In the meantime, depending on the needs of our clients, we are not going to offer BB web development.
I'd love to hear what some of your experiences been with the BB as a developer and as a user of their mobile web browser?
Clikbrix...go beyond the property walls.
Thank you for visiting us on Google Plus. Here's a little about us...
Today's homebuyers search for authenticity, expect dialogue and want far more than basic MLS data. Clikbrix easily and affordably equips agents and brokers with a turnkey, mobile website system of content-rich features and tools that beautifully captures listing details plus speaks to the lifestyle and emotional needs of homebuyers—leading them on interactive, mobile journeys that go beyond the property walls.
Our Mobile Real Estate Solutions…Easy. Stunning. Free.
Whether you're a Real Estate Agent or a multi-agent Brokerage, we have an affordable solution for you—each fueled by our powerful Mobile and QR Code technology platform.
Here are some of the Clikbrix 2.0 features:
- Custom Branded Mobile Websites
- Social Network Ready
- One-Click Phone Number Dialing
- Designer QR Codes
- Seller's Story
- Neighborhood Insider
- What's Nearby
- Google+ Virtual Open House
- Full Screen Picture Galleries
- Mobile Video Support
- Real-Time Reporting
Visit us or send us a message to find out more


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Friday, February 25, 2011 - 3:44pm
In today's Academic Minute, Duke University's Priscilla Wald examines what the majority of journalists do wrong when reporting on pandemics. Wald is a professor of English at Duke and author of Contagious: Cultures, Carriers, and the Outbreak Narrative. Find out more about her here.
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- Post Punk Kitchen – Vegan Recipes & Awesomeness - http://www.theppk.com -
Cinnamon Apple Crisp
Posted By IsaChandra On October 20, 2008 @ 3:48 am In Desserts,Holiday,Recipe,Thanksgiving | 20 Comments
Serves 8 – 12
A perfect, basic apple crisp recipe. Add raisins or cranberries if you like. I use Granny Smith apples but you can use whatever kind you've got.
Two Mixing Bowls, 9 x 13 Baking Dish (glass is best), Aluminum Foil
Filling ingredients
4 pounds (about 8 ) apples, peeled, cored, quartered and cut in 1/4 inch slices
juice of 1/2 a lemon
1 tablespoon arrowroot powder (corn or potato starch would be an ok substitution)
2 teaspoons cinnamon
1/8 teaspoon nutmeg
1/8 teaspoon allspice
tiny pinch cloves (about 1/16 teaspoon)
1/2 cup pure maple syrup
Topping Ingredients
1 1/2 cups rolled oats
1/3 cup all purpouse flour
1 teaspoon cinnamon
1/8 teaspoon salt
2 tablespoons canola oil
2 tablespoons pure maple syrup
1 teaspoons vanilla
Preaheat oven to 350. In a large bowl squeeze lemon juice over sliced apples. Add the arrow root and spices making sure all apples are coated. Move apple mixture to the baking dish and drizzle the maple syrup over it. Cover with tin foil and bake for 35 minutes.
Meanwhile prepare the topping. Sift dry ingredients together, and in a seperate bowl, mix wet ingredients well. Fold wet into dry mixing with a fork as you go along, until well coated and crumbly.
When apples are done baking, remove from oven and toss, then flatten them evenly with the back of a spatula or wooden spoon. Sprinkle the topping evenly over the apple mixture and bake uncovered for 25-30 minutes, until top feels crispy. Serve warm with vanilla ice cream.
Article printed from Post Punk Kitchen – Vegan Recipes & Awesomeness: http://www.theppk.com
URL to article: http://www.theppk.com/2008/10/cinnamon-apple-crisp/
Click here to print.
Copyright © 2011 Post Punk Kitchen - Vegan Recipes & Awesomeness. All rights reserved.


text:
Although we don't believe in timing the market or panicking over market movements, we do like to keep an eye on big changes -- just in case they're material to our investing thesis.
What: Shares of automotive equipment supplier Meritor (NYSE: MTOR ) jumped 23% today after the company released earnings.
So what: Sales dropped 22% to $908 million and the company reported a net loss of $4 million, or $0.04 per share. Revenue fell short of estimates but investors are clinging to adjusted earnings per share of $0.06, which came in a penny ahead of expectations.
Now what: Investors are betting on a big turnaround for Meritor and management is hoping for adjusted earnings of $0.25-$0.35 per share this year. I just don't like the trends we're seeing right now from a revenue perspective. I'm going to leave this move alone today and wait for more sound fundamentals before looking at the stock again.
Interested in more info on Meritor? Add it to your watchlist by clicking here.


text:
Everybody loves Italian food, and this year it seemed as though most cookbook authors felt they owned a piece of it. Three of 2007's finest works on cucina Italiana bore near-identical titles: "[Given name]'s Italy."
'Nuff said, clearly, especially since each of these works successfully captures the peninsula and its people as aptly as the zabaglione and zuppa di pesce.
Lidia Bastianich, the engaging if slightly imperious TV host (check out her daughter Tanya's "not again, Mom" takes on their PBS shows; classic stuff), visited 10 regions for "Lidia's Italy" (Alfred A. Knopf, 364 pages, $35).


text:
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Big Bad Booty Daddy
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Comments Thread For: Ward-Pavlik, Arreola-Stiverne Signed for 1/26 at Galen
Super middleweight world champion Andre Ward will defend his title against Kelly Pavlik on Jan. 26 at the University of Southern Californias Galen Center in Los Angeles, according to Wards promoter, Dan Goossen.
Its a done deal, Goossen told BoxingScene.com/CSNBayArea.com. I think this is the next step of Andres growth as a superstar to perform live in front of the Los Angeles audience. Los Angeles has been a hotbed of boxing for many, many years, and this is a new arena and a new forum for Andre to be able to show his greatness.
[Click Here To Read More]
Grade 10
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Well this isn't the worst fight that could be made...
proper rock slanga'
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I hope Pavlik is on every PED in the book and has loaded gloves.
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Another name to put on the resume. Ward by 6 rd. Tko
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Holy ****, I'm really excited for the Stiverne - Arreola fight.
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I can't hate on Pavlik because he's taking on the best. . . Can't hate on Ward becuase Pavlik is a legitimate opponent. . . I just think Pavlik should have targeted a guy like Rodriguez first. . To at least get more confidence back, and experience against a fringe world class type guy. . . I just don't see anyway possible that he can beat Ward. He'll be lucky not to get stopped.
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This could be a serious setback for Pavlik again - brave move taking this fight just yet. Wards gonna smother him - Pav will probly get cut and stopped or something later on because his chin seem decent still.
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Its a total mismatch. Pavlik has had fought soft fights since Martinez, there is no way he's ready for an elite fighter yet.
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WHy is Pavlik agreeing to take this fight? He could have fought a few more bums and held out for a Chavez fight or taken a fight at 168 that at least suited him stylistically. Froch is a tough fight so is Kessler but he has a chance to look good at least even if he loses or be in a good fight, Ward makes it a one sided boring technical beating or it wont be boring and Kelly gets his ass handed to him bad
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text:
Another butchering of the Enlgish language by the illiterate. A street contraction meaning, "All right,"
"Would you say you're a stupid, mouth-breathing dink who uses street slang because he could never make it through remedial reading?"
To which the dumb-ass responds, "Aah-ite!"
To which the dumb-ass responds, "Aah-ite!"
af The Drizzle 23. januar 2005
Trending Now
Can you define these popular missing words?
Top Definition
Ghetto for "Alright"
Q: "Pass the hot sauce".
A: "Aah-ite"
"You have the right to remin silent"
A: "Aah-ite"
"You have the right to remin silent"
af Rooster 4. juni 2002
southern slang for alright ((see a'ight))
A: "will one of y'all throw me one of them there wrenches?"
B "A'ight whichen ya want?"
B "A'ight whichen ya want?"
af evanizzle 11. april 2004
a word the lil rascals used to say alrighty then
alfalfa: can i have a sticker?
some otha chillun: aah-ite.
some otha chillun: aah-ite.
af jessbooger 15. juni 2004
favourite phrase of Director Quentin Tarantino
so what i did was take this element from this movie ahh-ite... then added this element fromt this movie ahh-ite?
af Wraith108 11. januar 2005
A term mostly used by Redneck southerners and ignorent people...its a shame really
bob:Geet yet?
billy:Naw jew
Bob:Naw yauntoo
Billy: AAH-ITE
billy:Naw jew
Bob:Naw yauntoo
Billy: AAH-ITE
af KAY 5. maj 2005
Redneck way of saying alright.
Person 1: Did ya eat yet?
Person 2: No, you?
Person 1: Aah-ite
Person 2: No, you?
Person 1: Aah-ite
af Ami 10. februar 2005


text:
Acting isn't the only skill the Hide and Seek star, 10, acquired young. "I've been reading since I was 2," Fanning says. In her book bag: a biography of Clara Barton. "I'm doing a report on her. I'm a member of the Red Cross, so I thought that would be interesting."
Picks and Pans Review: Celeb Picks...what She's Reading
updated 02/14/2005 AT 01:00 AM EST
•originally published 02/14/2005 AT 01:00 AM EST