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British Westinghouse Electric and Manufacturing Co Ltd v Underground Electric Rlys Co of London Ltd
British Westinghouse Electric and Manufacturing Co Ltd v Underground Electric Railways Co of London Ltd AC 673 is an English contract law case, concerning the duty to mitigate one's loss after a breach of contract
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Worldwide Underground
Worldwide Underground is the third studio album by American singer Erykah Badu, released September 16, 2003 by Motown Records. Recording sessions for the album took place during 2003, following Badu's period of writer's block and her performing on the Frustrated Artist Tour. Production was handled primarily by production group Freakquency, which consists of Badu, Rashad Smith, James Poyser, and RC Williams. Prominently incorporating hip hop and funk elements, the album features an unconventional musical structure and minimal songwriting concerning hip hop culture, love, ghetto life, and gang culture. The albums features appearances from rappers Dead Prez and Common, along with singers Queen Latifah, Bahamadia, and Angie Stone. The album debuted at number three on the U.S. Billboard 200 chart, selling 143,561 copies in its first week. It was certified gold by the Recording Industry Association of America, and produced three singles that achieved moderate chart success, while the album was underpromoted and sold less than her previous albums. Upon its release, Worldwide Underground received generally lukewarm reviews from critics. The album has sold 609,000 copies in the United States.
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No Nose Job: The Legend of Digital Underground
No Nose Job: The Legend of Digital Underground is the first compilation album from the rap group, Digital Underground. It features several of their songs, such as "Same Song" and "The Humpty Dance"
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Protection of Underground Sources of Drinking Water
An underground source of drinking water (USDW) means an aquifer with sufficient quality and quantity of ground water to supply a public water system now or in the future. Underground Injection Control (UIC) ProgramThe SDWA prohibits any underground injection which endangers drinking water sources. The Ninth Circuit United States Court of Appeals while enforcing this prohibition of "harmful injections into drinking water aquifers" explains that underground injection of even clean water can result in the illegal movement of a fluid containing a contaminant into an USDW: The SDWA and its implementing regulations are not concerned with whether an injected fluid is itself contaminated. Rather, they are concerned with the result of "injection activity." A permit applicant must show that the proposed activity will not allow "the movement of fluid containing [a] contaminant." Id. Injections of clean water into the ground can cause the movement of contaminants into an aquifer. For example, contaminants may dissolve into clean water as the injected water passes through the soil on its way to an aquifer.:1077 Underground fluid injection can have disastrous consequences for drinking water and, in turn, for human health. Injected fluid is hard to trace once it enters the ground, and polluted aquifers are hard to remediate. Congress' cautious "preventive" approach requires permit applicants to show that their injections will not harm underground sources of drinking water. It presumes, until an applicant shows otherwise, that injections will contaminate an USDW. Although this approach may result in forbidding some injections that would not contaminate an USDW, it is a valid exercise of Congress' authority.:1080 The 1974 SDWA authorized EPA to regulate injection wells in order to protect underground sources of drinking water. The UIC permit system is organized into six classes of wells. Class I. Industrial waste (hazardous and non-hazardous) and municipal wastewater disposal wells Class II. Oil and gas related injection wells (except wells solely used for production; see Hydraulic fracturing exemption) Class III. Solution mining wells Class IV. Shallow hazardous and radioactive waste injection wells (no longer permitted) Class V. Wells that inject non-hazardous fluids into or above underground sources of drinking water Class VI. Geologic sequestration wells for carbon dioxide.EPA has granted UIC primacy enforcement authority to 34 states for Class I, II, III, IV and V wells. Seven additional states and two tribes have been granted primacy authority for Class II wells only. EPA manages enforcement of Class VI wells directly. If a state does not take appropriate enforcement action then EPA must issue an order requiring a violator to comply with the requirements, or the agency will initiate a civil enforcement action. The SDWA directly provides for citizen civil actions. Hydraulic fracturing exemptionCongress amended the SDWA in 2005 to exclude hydraulic fracturing, an industrial process for recovering oil and natural gas, from coverage under the UIC program, except where diesel fuels are used. This exclusion has been called the "Halliburton Loophole". Halliburton is the world's largest provider of hydraulic fracturing services. (Cheney had been Chairman and CEO of Halliburton from 1995 to 2000.) Wellhead protection areasThe act requires states to establish wellhead protection programs to protect underground sources of drinking water. Wellhead protection programs must specify the duties of agencies, determine the wellhead protection areas, identify sources of contaminants, implement control measures to protect the wellhead protection areas, and a contingency plan for alternative drinking water supplies in the event of contamination. Federal agencies having jurisdiction over potential sources of contaminants must comply with all requirements of the state wellhead protection program. Emergency powerThe "Updated Guidance on Invoking Emergency Authority Under Section 1431 Of The Safe Drinking Water Act" shows that 42 U.S.C. § 300i gives the EPA Administrator broad power to protect public water systems and underground sources of drinking water (USDWs).:3 This guidance encourages more widespread use of the EPA's emergency powers.:3 This emergency power is granted when the Administrator receives "information that a contaminant which is present in or likely to enter a public water system or an underground source of drinking water . which may present an imminent and substantial endangerment to the health of persons" and that appropriate agencies have not acted.:6-7 Since this emergency power protection applies to all USDWs it includes potential future supplies of public water and even private wells.:7-8 The imminent endangerment includes contaminants that lead to chronic health effects that may not be realized for years such as lead and carcinogens.:9-10 To prevent harm from occurring the EPA Administrator may issue administrative orders or commence civil actions even without absolute proof.:11 Judicial review and civil actionsWhenever EPA finds a violation of the UIC Program and the State does not or cannot act, the agency must issue an administrative order or to file a civil action to require compliance. A citizen can file a petition for judicial review of EPA final actions. A citizen may also file against any violator of the SDWA or against EPA for failure to take action under the SDWA which is not discretionary. EPA emergency administrative orders are also final actions subject to judicial review.