Rock Products

OCT 2016

Rock Products is the aggregates industry's leading source for market analysis and technology solutions, delivering critical content focusing on aggregates-processing equipment; operational efficiencies; management best practices; comprehensive market

Issue link: http://rock.epubxp.com/i/735810

Contents of this Issue

Navigation

Page 47 of 63

46 • ROCK products • October 2016 www.rockproducts.com LAW permits for wetlands fill, as well as their strategies for doing so, given the court's ruling that property owners have the right to challenge JDs in court early in the permitting process. This should also speed up the permitting timeline, saving applicants considerable time and expense. Unfortunately, it's not clear how long the good news will last. In finding that revised JDs are final agency action subject to court challenge, the Supreme Court relied heavily on the memorandum of agreement (MOA) between the EPA and the Corps that makes JDs binding on the Corps and the EPA for five years. As Justice Kennedy pointed out in the decision, that MOA "can be revoked or amended at the Agency's unfettered discretion." Should the agencies alter the MOA to remove the five-year safe harbor or otherwise alter the effect of an approved JD, it could potentially reopen the question of whether a JD cre- ates legal consequences sufficient to constitute final agency action subject to a legal challenge. As Justice Kennedy con- cluded in his concurring opinion, "The Act ... continues to raise troubling questions regarding the Government's power to cast doubt on the full use and enjoyment of private prop- erty throughout the nation." Questions The questions surrounding the lasting effect of the Hawkes decision are all the more important given the expanded inter- pretation of "waters of the United States" in a 2015 rule issued by the Corps and the EPA. The controversial rule, which is currently subject to legal challenges brought by several states and industry groups, significantly expands the scope of the CWA's jurisdiction, by some estimates covering more than a million acres of private, state and federal property. Unlike many CWA cases, the Hawkes decision provides some much needed clarity, and the industry should take advantage of that while it lasts. Unfortunately, we'll have to wait and see if that clarity has any staying power. For now, if you have a JD that you disagree with, you should consider filing a legal challenge quickly. If you question whether you need a permit, you may want to seek a JD as a first step. And of course, it is always a good idea to consult legal counsel when making these decisions. 1 Publication Title: Rock Products 2. Publication Number: 0035-7464 3. Filing Date: 09/1/2016 4. Issue Frequency: Monthly 5. Number of Issues Published Annually: 12 6. Annual Subscription Price: Controlled 7 Complete Mailing Address of Known Office of Publication: 10 Sedgwick Drive, Englewood, CO 80113 Contact Person: Peter Johnson, 303.283.0640 8. Complete Mailing Address: 10 Sedgwick Drive, Englewood, CO 80113 9 Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor— Publisher: Peter Johnson, 10 Sedgwick Drive, Englewood, CO 80113; Editor: Steve Fiscor, c, Jacksonville, FL 32224 Owner – Full name and complete mailing address: Peter Johnson, Mining Media, Inc., 10 Sedgwick Drive, Englewood, CO 80113 11. Known Bondholders, Morgages, and Other Security Holders Owning or Hold- ing 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities. NONE 13. Publication Title: Rock Products 14. Issue Date For Circulation Data Below: SEPT-16 15. Extent and Nature of Circulation: AVERAGE NO. COPIES NO. COPIES OF SINGLE EACH ISSUE DURING ISSUE PUBLISHED NEAREST PRECEDING 12 MONTHS TO FILING DATE a. Total Number of Copies (Net press run) 20,763 21,082 b. Legitimate Paid and/or Requested Distribution (By Mail and Outside the Mail) 1. Outside County Paid/Requested Mail Subscriptions stated on PS Form 3541. (Include direct written request from recipient, telemarketing and Internet request paid subscriptions including nominal rate subscriptions, employer requests, advertiser's proof copies, and exchange copies.) 14,331 14,351 2. In-County Paid/Requested Mail Subscriptions stated on PS Form 3541. (Include direct written request from recipient, telemarketing and Internet re- quests from recipient, paid subscriptions including nominal rate subscriptions, employer requests, advertiser's proof copies, and exchange copies.) 0 0 3. Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid or Requested Distribution Outside USPS® 631 626 4. Requested Copies Distributed by Other Mail Classes Through the USPS 0 0 c. Total Paid and/or Requested Circulation [Sum of 15b (1), (2), (3) and (4)] 14,962 14,977 d. Nonrequested Distribution (By Mail and Outside the Mail) 1. Outside County Nonrequested Copies Stated on PS Form 3541 (include Sample copies, Requests Over 3 years old, Requests induced by a Premium, Bulk Sales and Requests including Association Requests, Names obtained from Business Directories, Lists, and other sources) 5,400 5,782 2. In-County Nonrequested Copies Stated on PS Form 3541 (include Sample copies, Requests Over 3 years old, Requests induced by a Premium, Bulk Sales and Requests including Association Requests, Names obtained from Business Directories, Lists, and other sources) 0 0 3. Nonrequested Copies Distributed Through the USPS by Other Classes of Mail (e.g. First-Class Mail, Nonrequestor Copies mailed in excess of 10% Limit mailed at Standard Mail® or Package Services Rates) 0 0 4. Nonrequested Copies Distributed Outside the Mail (Include Pickup Stands, Trade Shows, Showrooms and Other Sources) 60 42 e. Total Nonrequested Distribution [Sum of 15d (1), (2), (3) and (4)] 5,460 5,824 f. Total Distribution [Sum of 15c and e] 20,442 20,801 g. Copies not Distributed 341 281 h. Total [Sum of 15f and g] 20,763 21,082 i. Percent Paid and/or Requested Circulation [15c divided by f times 100] 73.3% 72.0% 16. Electronic Copy Circulation: a. Requested and Paid Electronic Copies 771 878 b. Total Requested and Paid Print Copies (Line 15c) + Requested/Paid Electronic Copies (Line 16a) 15,940 16,100 c. Total Requested Copy Distribution (Line 15f) + Requested/Paid Electronic Copies (Line 16a) 21,256 21,053 d. Percent Paid and/or Requested Circulation (Both Print & Electronic Copies) (16b divided by 16c x 100) 75.0% 76.5% I certify that all information furnished on this form is true and complete. I under- stand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to crimi- nal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties). Peter Johnson, Publisher, 20-Sep-16 UNITED STATES POSTAL SERVICESTATEMENT OF OWNERSHIP, MANAGEMENT, AND CIRCULATION (REQUESTER PUBLICATIONS ONLY)

Articles in this issue

Links on this page

Archives of this issue

view archives of Rock Products - OCT 2016