RCRA Citizen Suits and State Courts: Jurisdictional Trap after Davis v. Sun Oil Company

This article discusses the problems of splitting a cause of action between state and federal courts when both a RCRA citizen suit and common law claims could be made. The author addresses this issue through analyzing the history of Davis v. Sun Oil Company. The issue of whether or not there was concurrent federal and state court jurisdiction over RCRA citizen suits was never decided before Davis v. Sun Oil Company. The Sixth Circuit held that RCRA did not grant exclusive federal court jurisdiction. Davis lost the benefit of the federal statute and now any property owner seeking relief for environmental contamination on the property must be alert to the prohibition against splitting the cause of action. The Davis case leads to the conclusion that a landowner can no longer wait to bring a RCRA action in federal court in case the state court action fails to rectify the contamination problem

Models and experimental results from the wide aperture Nb-Ti magnets for the LHC upgrade

MQXC is a Nb-Ti quadrupole designed to meet the accelerator quality requirements needed for the phase-1 LHC upgrade, now superseded by the high luminosity upgrade foreseen in 2021. The 2-m-long model magnet was tested at room temperature and 1.9 K. The technology developed for this magnet is relevant for other magnets currently under development for the high-luminosity upgrade, namely D1 (at KEK) and the large aperture twin quadrupole Q4 (at CEA). In this paper we present MQXC test results, some of the specialized heat extraction features, spot heaters, temperature sensor mounting and voltage tap development for the special open cable insulation. We look at some problem solving with noisy signals, give an overview of electrical testing, look at how we calculate the coil resistance during at quench and show that the heaters are not working We describe the quench signals and its timing, the development of the quench heaters and give an explanation of an Excel quench calculation and its comparison including the good agreement with the MQXC test results. We propose an improvement to the magnet circuit design to reduce voltage to ground values by factor 2. The program is then used to predict quench Hot-Spot and Voltages values for the D1 dipole and the Q4 quadrupole.Comment: 8 pages, Contribution to WAMSDO 2013: Workshop on Accelerator Magnet, Superconductor, Design and Optimization; 15 - 16 Jan 2013, CERN, Geneva, Switzerlan

The Federal Preemption Question - A Federal Question - An Analysis of Federal Jurisdiction over Supremacy Clause Issues

This Article focuses on the issue of simplicity and predictability in analyzing federal question jurisdiction and recommends making federal court jurisdiction, in the area of federal preemption, consistent with logic. Federal question jurisdiction should be based on the source of the controlling substantive law. This approach is more logical, and therefore easier to understand. It is also more certain and therefore more predictable since it bases jurisdiction on the more realistic standard of governing law, rather than on speculation as to which party is the aggressor. This Article is not a recommendation to expand federal court jurisdiction; it is a recommendation that federal question jurisdiction, at least in the area of federal preemption, function as a procedural doctrine. It is hoped that the result would be a reduction in procedural litigation. Although the Supreme Court has recently addressed this issue in Franchise Tax Board v. Construction Laborers Vacation Trust, it has not resolved the difficulties involved in its pleading analysis. The Franchise Tax Board decision looked at the jurisdictional issue in the context of a state declaratory judgment action that had been removed to federal court. A critical analysis of the decision will be made after exploring the development of the existing doctrine

The Federal Preemption Question - A Federal Question - An Analysis of Federal Jurisdiction over Supremacy Clause Issues

This Article focuses on the issue of simplicity and predictability in analyzing federal question jurisdiction and recommends making federal court jurisdiction, in the area of federal preemption, consistent with logic. Federal question jurisdiction should be based on the source of the controlling substantive law. This approach is more logical, and therefore easier to understand. It is also more certain and therefore more predictable since it bases jurisdiction on the more realistic standard of governing law, rather than on speculation as to which party is the aggressor. This Article is not a recommendation to expand federal court jurisdiction; it is a recommendation that federal question jurisdiction, at least in the area of federal preemption, function as a procedural doctrine. It is hoped that the result would be a reduction in procedural litigation. Although the Supreme Court has recently addressed this issue in Franchise Tax Board v. Construction Laborers Vacation Trust, it has not resolved the difficulties involved in its pleading analysis. The Franchise Tax Board decision looked at the jurisdictional issue in the context of a state declaratory judgment action that had been removed to federal court. A critical analysis of the decision will be made after exploring the development of the existing doctrine

Insertion Magnets

Chapter 3 in High-Luminosity Large Hadron Collider (HL-LHC) : Preliminary Design Report. The Large Hadron Collider (LHC) is one of the largest scientific instruments ever built. Since opening up a new energy frontier for exploration in 2010, it has gathered a global user community of about 7,000 scientists working in fundamental particle physics and the physics of hadronic matter at extreme temperature and density. To sustain and extend its discovery potential, the LHC will need a major upgrade in the 2020s. This will increase its luminosity (rate of collisions) by a factor of five beyond the original design value and the integrated luminosity (total collisions created) by a factor ten. The LHC is already a highly complex and exquisitely optimised machine so this upgrade must be carefully conceived and will require about ten years to implement. The new configuration, known as High Luminosity LHC (HL-LHC), will rely on a number of key innovations that push accelerator technology beyond its present limits. Among these are cutting-edge 11-12 tesla superconducting magnets, compact superconducting cavities for beam rotation with ultra-precise phase control, new technology and physical processes for beam collimation and 300 metre-long high-power superconducting links with negligible energy dissipation. The present document describes the technologies and components that will be used to realise the project and is intended to serve as the basis for the detailed engineering design of HL-LHC.Comment: 19 pages, Chapter 3 in High-Luminosity Large Hadron Collider (HL-LHC) : Preliminary Design Repor

Multicenter Study of High-Dose Daptomycin for Treatment of Enterococcal Infections

Enterococci are among the leading pathogens isolated in hospital-acquired infections. Current antimicrobial options for vancomycin-resistant enterococci (VRE) are limited. Prior data suggests that daptomycin \u3e 6mg/kg/day may be used to treat enterococcal infections. We retrospectively evaluated the effectiveness and safety of high-dose daptomycin (HD-daptomycin) therapy (\u3e 6 mg/kg) in a multicenter cohort of adult patients with enterococcal infections to describe the characteristics and outcomes. Two-hundred and forty-five patients were evaluated. Enterococcus faecium was identified in 175 (71%), followed by 49 (20%) Enterococcus faecalis and 21 (9%) Enterococcus spp., overall 204 (83%) were VRE. Enterococcal infections included bacteremia (173, 71%), intra-abdominal (35, 14%) and bone/joint (25, 10%). The median dose and duration of HD-daptomycin was 8.2 mg/kg/day (IQR 7.7-9.7) and 10 days (IQR 6-15), respectively. Overall clinical success rate was 89% (193/218) and microbiological eradication was observed in 93% (177/191) of patients. The median time to clearance of blood cultures on HD-daptomycin was 3 days (IQR 2-5). Thirty-day all cause mortality rate was 27% and 5 (2%) patients developed daptomycin nonsusceptible enterococcal strains while on HD-daptomycin. Seven patients (3%) had creatine phosphokinase (CPK) elevation, yet no HD-daptomycin regimen was discontinued due to an elevated CPK and all patients were asymptomatic. Overall, there was a high frequency of clinical success and microbiological eradication in patients treated with HD-daptomycin for enterococcal infections, even in patients with complicated and difficult to treat infections. No adverse event-related discontinuation of HD-daptomycin was noted. HD-daptomycin may be an option for the treatment of enterococcal infections