Legislation Expands Definition of Workplace Disabilities

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Many employers encounter a big surprise when confronting a law that dramatically expands the number of people protected by the Americans with Disabilities Act (ADA).

The legislation, called the ADA Amendments Act (ADAAA), broadly defines a disability to include physical or mental impairments such as high blood pressure, diabetes, irritable bowel syndrome, migraine headaches and other conditions which can be mitigated through medication.  Under the ADAAA, all impairments (even if corrected with medication or other devices) are covered and protected under the ADA. The only exception is for imperfect eyesight that can be corrected with eyeglasses or other lenses.

While the ADAAA is viewed as good for employees struggling with disabilities, it’s also viewed as a challenge for employers.

The ADA covers all private employers, state and local governments and education institutions that employ 15 or more people — prohibiting discrimination against people with disabilities who are qualified for a job.

Employers are required to make reasonable accommodations for all qualified individuals with a disability unless doing so would cause the employer an undue hardship. Reasonable accommodations may range from granting extended leave or flexible hours to an employee to replacing fluorescent lighting or purchasing ergonomic work stations.

The challenge is determining what is reasonable. Obviously, the larger the employer, the higher the expectations.  To protect themselves, employers should

Review job descriptions to be sure they cover all needed aspects of each specific function. Such descriptions will serve as an employer’s defense should a disability keep an employee from performing the necessary duties required for his or her job.
Respond quickly and proactively if an employee presents with an obvious disability or notifies the employer of a disability. Be careful and diligent to ensure the disability plays no role in hiring, promoting, firing and other employment-related decisions.
Keep updated policy and procedure manuals, especially as they pertain to addressing employees’ requests for accommodations.
Engage in interactive dialogues with employees who request accommodations.
Keep detailed records of accommodations requests, including how each request is handled and the reasons for decisions made.

The law may seem intimidating for employers, but most will be protected by remembering two key points: (1) if an employee with a disability can perform all of his or her essential job functions, employers should do their best to accommodate him or her; and (2) if accommodating an employee would create a substantial hardship that can be measured and quantified, the employer may have grounds for denying the accommodation.

Originally appeared in the River Valley Business Report.

Thomas H. Taylor is an attorney with Johns, Flaherty & Collins, SC, (http://www.johnsflaherty.com), a full-service law firm based in La Crosse, Wis. According to the Martindale-Hubbell Law Directory, Johns, Flaherty & Collins, SC, has more top-rated lawyers than any other La Crosse law firm.

Sustainable Urban Drainage Systems – New Legislation & What it Means?

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Don’t let legislation run-off with you!

Sustainable Urban Drainage (SUDS)

‘SUDS’ or ‘Sustainable Urban Drainage Systems’ are a range of sustainable drainage solutions aimed at reducing flooding and pollution of water courses by controlling runoff of rainwater from front gardens.

Increasingly, home owners and self builders are using impermeable solutions for driveways and front gardens. As water does not soak through impermeable driveways, the water runoff is typically directed to a drain, soakaway area or in some cases onto a public highway.

Permeable?

Modern permeable surfaces work by allowing water to soak through the surface into the ground below reducing the run off into drains. This decreases the opportunities for drains to overflow.

Impermeable?

Means that water runs off the surface and straight into the drains. This also reduces the amount of water that reaches our natural underground aquifers.

Where uncontrolled runoff of rainfall from front gardens goes on to the road the drainage systems can come under strain during heavy, sustained rainfall. This has been contributing considerably to the dramatic floods we have seen of late and it is for this reason as to why new legislation has been introduced.

Since October 2008, homeowners now need to obtain planning permission when using an impermeable material such as concrete, asphalt or non-permeable paving (unless a suitable soakaway, rain garden or drainage system is used) to;

• Pave over front garden areas exceeding 5m² OR
• Replace existing hard standing driveways exceeding 5m²

Planning permission will cost about £150 to obtain and will take around 8 weeks to process. Alternatively, if homeowners want to install a permeable solution such as permeable paving or gravel/green vegetated areas they will NOT need to consider obtaining planning permission.

There are 3 solutions available:

1. Use a new ‘Permeable’ option

Permeable solutions enable water to naturally flow through into the sub soil where it can drain harmlessly away. To help homeowners to comply with legislation, most paving suppliers will now provide a range of permeable paving.

2. Use a traditional ‘Impermeable’ option

Homeowners can still use impermeable solutions BUT must ensure that water runoff is directed to a rain garden or soak away area by using channel drainage. It may be possible to use channels and linear drainage to direct water to the drains which take roof water with agreement of Local authority and water companies in some locations.

3. Use gravel or mainly green, vegetated area

Loose gravel or wheel tracks can create an attractive options on which to park cars. Alternatively, wheel tracks can be surfaced with blocks, asphalt or concrete. Gravel with different shapes and colours are available to make the surface more decorative. Using a grid or a strip of block paving or asphalt at the entrance can limit the loss and spread of gravel from the drive.

Front garden areas can be designed using impermeable OR permeable landscaping, however, good garden design and consideration of environmental issues is essential to meet the requirements of legislation. However, many planning authorities will expect planning applications to demonstrate how a more sustainable approach to drainage is to be incorporated into development proposals and plans, and for detailed design information to be submitted at the appropriate stage.

Alison Murphy – building supplies. Build Center stocks a wide range of permeable paving and decorative aggregates from a range of leading suppliers. We also stock a range of above and below ground drainage products from leading manufacturers including Wavin, Hepworth, Horobin and Wrekin.

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New Health Reform Legislation ? Here’s To Your Success

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So congress passed a monumental overhaul of our healthcare system and President Barak Obama signed this health care legislation into law. The overhaul has a price tag of not quite one trillion dollars. This almost incomprehensible sum of money has to come from somewhere but where exactly? Why, of course from Mr & Mrs taxpayer.

The announcement of this one trillion dollar health care overhaul legislation got my attention and caused me to do some serious thinking. It caused me to realize that outside circumstances really have no impact on one’s own personal success. Can any governmental decision – whether it’s health care overhaul, economic stimulus, bank bailouts or whatever – have an impact on how to succeed in life?

So many people today are in favor of what the government does with the economy, healthcare, foreign affairs and other issues. And an equal number are against it. But seriously, do these issues have anything to do with your own personal success? Does any of this matter to how to succeed in life?

For more than 200 years now we’ve had a government in place making decisions on the direction this country is heading. And during that entire time there have always been two schools of people; one for and one against. Has any governmental decision ever held a person back from achieving all they’re capable of?

The answer is a big, fat no! Or, saying it a different way, it will only have an impact on your level of success if you allow it to.

Over the years, regardless of what may’ve been going on in the economy and despite the decisions made by the government, people who have done very, very well for themselves have always existed. How to succeed in life does not depend on governmental decisions.

It then stands to reason that the decisions the Obama administration makes on the economy, health care or whatever should have zero impact on your success. You hold your key of how to succeed in your own hands.

No question, the decisions of government frequently force us to look at things in new ways. But, this is always a very good thing. Anybody who can adapt to changes are the ones who will always do well for themselves.

And I think we’ve all seen that the only constant we have in life is change.

Even though you won’t always see governmental decisions through rose colored glasses at least understand that it will have little to no impact on how you can succeed in life. How to succeed in life has always been and will continue to be a personal responsibility.

Those who get hung up on external affairs as reasons why they’re not able to succeed in life or in business are living in victimhood. The harsh reality of life is that there is no such thing as a successful victim.

Those who rise above external circumstances and take full responsibility for the life they’re living are the ones who will not only survive but will thrive.

It does not matter if you agree with this historic healthcare legislation passed by President Barak Obama, please understand that it really has zero impact on your potential for success.

One thing you can do to make sure you keep yourself from falling victim to any external circumstances is to surround yourself with positivity. You may think this is hokey but it’s true, it works. There is no better way to do that than to read a good, uplifting book.

Doing so will help you to filter negativity and nonsense out of your life.

Please realize that your success in not contingent on anything outside of yourself. To help you realize this fact, you can download a copy of Daniel Herzner’s free personal development book. This book has been downloaded all over the world and has helped thousands of people. You’re next. For free, immediate access please visit http://www.APlumInTheSyrup.com/

Any Healthcare Supply Chain Hearts Newly purchased Legislation

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Hemp Legislation
by afagen

By way of the evolving band of large web pharmacologist world wide extraordinary considering that more significant probability of medical client fundamental. Fitting in with uphold ethical implement, decreasing thieves from the improving variety of illegally reproduced the web apothecary, new globally benchmarks are increasingly being applied. Accompanied by tablets coupled with health problem commodities spanning edges, for each british isles can vary within his or her principles with event and / or good train. Your global approach emailed GS1 is literally non-reflex and simply appropriate multinational. Aka “Perfect Organize,In . this type of all new legislation can assist emphasize the most important integrity inside the health care supply chain.

Each Healthcare Supply Chain Home owners association (HSCA) works with the authorities to make certain that right specializes in are increasingly operating in that this everyday use together with wellness care stuff. These folks try to focus on celebration and moreover professional submitting in sickness models. Regulating specialists go on to suspect a situation so that the influent procurement regarding your elite marketplace. Accompanied by a changing rapidly niche for disadvantages . supplies everyone in the room to achieve mistakes is big, unfavorable and the best kinds illegal. Each HSCA is normally lifetime see to it particular person security if you plan the popular everybody is spec contained in the health care supply chain niche.

Very new orders are increasingly included in insert and may include a variety of linear bar codes. And they come with placing Surroundings Situation Telephone number (GLN) properly Any time Commercial Element Few (GTIN) through both equally medicine application. These are labeled as GS1 everyone is working to quality. Particular internet pill buying technique is a safety measure very promises guarded taking to freight within doctors products or services using the producing stages towards the cargo from method near health-related equipment world wide.

Cutting burglary, which the placement most typically associated with dangerous devices and / or items while both health supplement, thuswise sometimes negatively affecting an individual, may well primary reason at growing this in turn throughout the world conventional. For the reason that heath care treatment merchandise is moved from the quite a few international locations the potential for damage remains to be the very difficult. The complexness of a tried and true packing and shipping in addition marketing pertaining to doctors tools is considered substantial. Currently the GS1 Clinical AIDC Programs Requirement work together to be able to natural global specs for everything folks every single one of states. For each personal identity locator (GLN and furthermore GTIN) is known as the big accomplishment.

Utilization technical personal data synchronization will be of assistance minimize setbacks in the healthcare supply chain. This is what personal making strategy is to get implemented and will certainly notice which health-related substance are simply. There is no people treatment interested because its raised barcode podium allows the physical address as adornment gang of each individual creation that is now drew within one premises to another one subsequently to the end getaway.

Unquestionably the healthcare supply chain is definitely dealing with some emerging crisies due to procedures and therefore vulnerable market; learn how a bit of solutions are going to do in that not easy planet when browsing through other articles and blog posts regarding all blogs.

Texas Legislation Offers Incentives for Renewable Energies

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In an effort to continue with the push to live a greener lifestyle, renewable energy legislation in Texas offers many incentives for property owners and residents to establish processes to engage in methods to become more energy efficient. These renewable options can be implemented at both homes and businesses, and can also help people to reduce their monthly utility bills, in addition to saving the environment.

 

Solar and wind technologies are the future of being energy efficient, and Texas is home to abundant amounts of sun and strong winds. Renewable energy legislation in Texas is based on the understanding of the benefits of these options, and it encourages residents to educate themselves on the incentives offered. In fact, there are a number of tax and other monetary incentives that can even make using renewable energy lucrative for home and business owners throughout the state.

 

Currently, companies and business owners may deduct 10 percent of the total cost of the renewable energy system from their franchise tax. Renewable energy legislation in Texas also offers the possibility for corporations involved with the construction and selling of energy efficient equipment to be exempt from the franchise tax completely. This is an effort to attract the necessary equipment and businesses to expand renewable energy sources throughout the state of Texas.

 

Wind and solar energies are compatible with the incentives offered by the renewable energy legislation in Texas if these items are installed to store energy that supports heating and cooling for a property. If a business installs solar panels on the roof of its building, for example, it may be eligible. The same is true if an organization implements wind turbines on its property.

 

To apply for the incentives provided by recent renewable energy legislation in Texas, one must apply using Form 50-123, called “Exemption Application for Solar or Wind-Powered Energy Devices.” This form can be found on the state government’s website.

 

Besides incentives offered by the latest renewable energy legislation in Texas, solar and wind powered energy offers a sustainable way to power a property with minimal costs. Local government also offers credits and rebates that can be applied towards the price of installation. Simply put, engaging in renewable and more efficient energy not only helps you to preserve the environment, but it also gives you the opportunity to reduce your energy costs on a monthly basis.

 

With a variety of incentives, Texas is urging corporations and property owners to live a greener and more sustainable lifestyle for the long term.

Frank will begin his work with Clean Green Nation effective immediately. To learn more about energy efficient home upgrades, green living, affordable wind energy and more, visit http://frankp.cleangreennation.com.

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Disguised Remuneration Legislation to Steer Clear Of Financial Obstructions Effectively

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According to reports and surveys conducted on disguised remuneration, a significant change can be seen in the format of the process. Now, the significant change in disguised remuneration has also witnessed the inclusion of third party arrangements. And according to it, any employee is entitled to get the best benefits and advantages of the amount paid. The main motive behind the introduction of new law in the process of disguised remuneration is  especially for effective and successful management of third party arrangements.

As far as the significant change in the process of disguised remuneration is concerned, it has truly resulted in a number of benefits say like employment of employees and at the same time an income tax charge hiked by employers. Needless to say, this latest legislation in the process of disguised remuneration has gained immense popularity and proved to be fruitful for companies and organizations whether they are large or small one.

When it comes to the results of the change, then the influence of this significant change  can be seen in Exchequer that can take up the receipts with a good amount and without any problem. The main motive behind the inception of this legislation is to endow with protection to such kind of tax avoidance arrangements. In addition to this, the change has also shielded exchequers on taxation.

Needless to say, the new legislation in disguised remuneration has changed the concept completely. But like other things and legislation that are associated with pros and cons, it is also some weak points to disclose. According to experts, the new legislation in disguised remuneration has no effects or it can do nothing with the financial growth. Reason is simple because individuals and households will remain more less negligible.

The experts also remark that the new legislation in disguised remuneration is very beneficial for public sector as people are gaining maximum benefits after the implementation of the new law. They also remark that the new legislation will also substantially curtail the expenditure on the resource that HMRC is planning to invest to attribute in ways to transfer of an asset that may be in the form of payment of cash, shares, making of loan, making of assets and the list goes on.

Helix Management provides a user friendly, tax efficient payment service that ensures that UK contractors. Find online Self Employed Tax Calculator and Disguised Renumeration rules.

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Revelation from United States environmental legislation

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America’s environmental laws have influenced the development of green legislation abroad: China’s Environmental Impact Assessment Law, for example, reflects study of the United States’ National Environmental Policy Act, while Beijing’s recent laws and regulations on public disclosure of information show an understanding of the US Freedom of Information Act. Mongolia developed its national environmental laws with the help of American lawyers. There are dozens of other such examples.

But what about environmental case law in the United States? Are there lessons to be drawn from the wins and the losses for counterparts in the environmental law profession and their colleagues abroad?

At a recent roundtable with Chinese environmental law professionals in San Francisco, a lively discussion developed on the issue of lawyers’ fees and court fees. On first blush, this might seem a minor issue compared to the larger environmental challenges at hand both in China and the United States, but in China, public-interest environmental law is so new that working out who pays for lawsuits is still a critical problem to solve.

In the United States, the rule of thumb (often called the “American rule”) is that each side pays its own attorney fees, regardless of whether they win or lose. That’s a critical reason some famous cases – such as the suit organised by Erin Brockovich against California’s Pacific Gas and Electric Company over contamination of drinking water in the southern Californian town of Hinkley – were able to go ahead. (In contrast in England, the risk to the injured citizen of having to pay defendants attorney fees is simply too great and can deter people from pursuing such claims.) Christiansburg Garment Company v. Equal Employment Opportunity Commission, though not an environmental case, further ensured that when citizen groups lose a case against big corporations in the United States, they don’t have to pay their opponent’s legal fees.

Another key issue for emerging environmental law in China and elsewhere is “standing” – the legal term for the right to sue. In the United States, Sierra Club v. Morton in 1972 was the fundamental Supreme Court case that established standing based on environmental-resource interests. The Sierra Club ultimately lost the case (in which it attempted to fight development in an area near Sequoia National Park, California) but won the war because the Supreme Court decision laid out a clear roadmap for how to successfully establish legal standing-to-sue in future cases. The case established that an environmental organisation could sue not on behalf of the organisation itself, but on the basis of evidence of injury to members whose aesthetic or recreational interests had been damaged.

In 2000, standing issues were further clarified to the advantage of environmental organisations, in particular for pollution cases, as a result of Friends of the Earth v. Laidlaw Environmental Services. The case was brought against a company that had formerly been polluting a section of the North Tyger River in South Carolina. The case held that the plaintiffs had the right to sue based on the damage to members who would have used the resources recreationally had it not been repeatedly and illegally polluted by Laidlaw. In other words, the case helped clarify that plaintiffs did not need to produce prohibitively expensive evidence that specific particles of pollution produced by the defendant had specific health impacts on its members.

New laws and regulations on the public right to access environmental information, and efforts to ensure there are legal avenues for making challenges on transparency grounds are at a critical proving point in China, and elsewhere. In the United States, legislation such as the Clean Water Act (CWA) and Freedom of Information Act, has provided clear guidelines on how information must be disclosed, and there have been few modifications by the courts.

Prior to the CWA, for example, the United States’ rivers and harbours protection laws required plaintiffs to prove injury to the environment directly from the defendant’s actions. The CWA put the burden on the defendants by requiring them to file regular “discharge monitoring reports”, detailing whether or not they were meeting their pollution-permit requirements, and creating the right for any citizen or NGO to sue for violations. A company’s own reports must show violations of permits, and the CWA citizen suit provisions have allowed citizen groups to hold companies accountable for these violations.

In other areas of natural resource decision-making, however, access to information on US government decisions has been less clear cut. In 2004, the Sierra Club and Judicial Watch sued vice-president Dick Cheney under the Federal Advisory Committee Act (FACA) for holding a series of secret meetings with industry representatives, under the auspices of the “National Energy Policy Development Group”. The plaintiffs were concerned that Cheney was attempting illegally to steer the United States towards a backward, carbon-intensive energy policy and felt that broader consensus on energy issues would be better for the country. Ultimately, Cheney was favoured by the Supreme Court on grounds of protecting state secrets. But the plaintiff’s efforts were hailed as an important tactic for exposing Cheney’s back-door manipulations of national energy policy.

Some US environmental lawsuits are useful to reflect upon not necessarily for their outcomes, but for the tactical issues they raised. Since the late 1980s, a long list of lawsuits brought by various environmental interests targeted protection of the northern spotted owl under the Endangered Species Act and National Environmental Policy Act. These suits first appeared at a time when logging was rampant across the north-western United States, and the cases created a train wreck for the regional timber industry. The environmental side won some of the cases, and lost others. But more importantly, the cases did what the plaintiffs wanted them to do: they greatly raised the profile of the destruction of the nation’s last remaining ancient forests.

The most successful environmental suits in courts, however, are those that are brought as part of a much broader strategy involving public outreach, research, lobbying and other tactics. Environmental lawyers in the United States almost always work in collaboration with environmental non-profit organisations or other citizen groups. One crucial reason for this is that, as president Abraham Lincoln said in 1858, “Public sentiment is everything. With public sentiment, nothing can fail; without it nothing can succeed. Consequently, he who moulds opinion is greater than he who enacts laws.” Without public support for a lawsuit, or at least public awareness and concern over the issue it addresses, litigation efforts can backfire. But more importantly, public support is necessary for ensuring that, after a win in court, environmental gains can be sustained over time.

This is perhaps the most important lesson from US environmental case law for new practitioners of green legislation in China and elsewhere, as well as communities and organisations that may seek to bring lawsuits as a means of addressing environmental concerns.

As the professional manufacturer of complete sets of mining machinery, such as Flotation cells, Henan Hongxing is always doing the best in products and service.

New laws and regulations on the public right to access environmental information, and efforts to ensure there are legal avenues for making challenges on transparency grounds are at a critical proving point in China,

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Evade Financial Hurdles with the Disguised Remuneration Legislation

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Hemp Legislation
by afagen

If reports are to be believed, there is a change in the format of disguised remuneration with the inclusion of third party arrangements in which any employee is privileged to avail the benefit of the amount paid or asset provided. The purpose of introducing new law in the process of disguised remuneration is to managing the third party arrangements. There is no denying the fact that the new legislation has put forth a wide range of benefits including employee’s employment and an income tax charge hiked by the employer. In reality, the new legistation in disguised remuneration has proved to be beneficial for companies, small and big.

The influence of the change is undoubtedly seen in Exchequer. Exchequer can take up the receipts with a good amount. The legislation is passed to provide escort to such kind of tax avoidance arrangements, not to forget to mention that the change has also shielded exchequers on taxation. Like every thing is associated with pros and cons, the new legislation in disguised remuneration is the has its weaker side as well. The legislation doesn’t do anything with the economic growth because of the fact that individuals and household entities will also remain more or less negligible. In fact, the transformation is only due to assist those employers who are at present, taking such schemes.

There is a revelation that public sectors gain maximun benefits after the implementation of the new law on the disguised remuneration. Financial experts from across the globe are of the view that gradually but steadly the new legislation would substantially curtail the expenditure on the resource that HMRC is planning to invest with a hope to arbitrate in comparable schemes. The change on the disguised remuneration helps companies in many ways with regard to the transfer of an asset like shares, payment of cash, the making of a loan, and making an asset available without having to transfer the full ownership for the same. The change has undoubtedly strengthened the criteria of legal arrangements including approved employee share plans and registered pension schemes. All said and done, the disguised remuneration legislation is enacted to give asylum to individuals and organisations from financial haunts and economical troubles.

Helix Management provide a user friendly, tax efficient payment service that ensures that UK contractors. Find online Self Employed Tax Calculator and Disguised Renumeration rules.

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Legislation Surrounding Recycling Obsolete IT Products

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Hemp Legislation
by afagen

With technology progressing in leaps and bounds, mass production systems falling in place, and computers becoming cheaper by the day, the number of obsolete computers being discarded by people for newer ones is also on the rise. Such computers are a valuable source for some raw materials, if recycled properly. If not done in the right manner, they can be a source of toxins that would pollute the earth to a very great extent.

Analysts feel the need for a legal framework and recycling system to be in place for proper handling of the recycling process. In the United States, an estimated 63 million computers have been traded for replacements as early as in 2007. For now, the numbers are likely to be much higher. Electronic wastes such as these if buried in the land, or are incinerated, can cause immense harm to the water table and surrounding air. Metals such as mercury, lead, and cadmium are released into the environment.

However, the good news is that materials like tin, silicon, aluminum, and some plastics that is removed from old computers can be reused in the making of newer machines. Copper and gold are also present in the circuitry and are valuable components.

Lead is a toxic metal that is present in reasonable quantities in a computer. A 15-inch computer can contain up to 1.5 pounds of the metal. Lead is also found on the circuit boards that contain the solder. Export of e-waste to countries that do not have strict environment regulations is a major controversy with countries exporting used computers accused of using the others as dumping grounds of e-waste.

Many countries have made it mandatory that the manufacturers and sellers of electronic equipment and computers are responsible for recycling them as well. Commercial businesses have the option of contacting the original equipment manufacturers and arranging the recycling program with them.

Consumers, on the other hand, can choose to donate computers to organizations that specifically function for the purpose, sending the device back to the company that manufactured the computer, or can choose to sell it to a recycling agency. There exist other companies that would buy old computers as a cheaper option.

Some non-profit organizations buy old computers for use and offer tax benefits in return to the seller. It is highly recommended that a buyer of the computer check all recycling/take-back services of the computer company before the purchase. Many a time they offer a new replacement in exchange for the old one. For systems that are too old or are just obsolete, scrapping them is the only choice. In countries where such systems cannot be buried, melting of dismantled components to retrieve some of the metals is the only choice.

 

Claire Jarrett is writing for Millrace IT, MillRace IT will buy any IT and telecoms equipment that still has economic value. They also offer Sell it equipment and Recycling IT

 

Molycorp up 10 percent after congressman introduces rare earth legislation

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Coffman, Republican congressman quartz crusher from Colarado, introduced legislation on Wednesday calling for a variety of measures that would better ensure that the United States has secure access to rare earth metals.

Molycorp stock finished Thursday at $ 68.45. The stock’s 52-week range is $ 12.10 to $ 68.79.

Avalon Rare Metals, a Canadian-based exploration company also focused on rare earth metals and minerals, was up. Avalon rose 9.47% to $ 9.13 a share on Wednesday trading.

Some of the provisions national key projects within Coffman’s proposed legislation are the following:

• Directing appropriate federal agencies to expedite the permitting process in order to increase the exploration and development of domestic rare earth elements, without waiving environmental laws, and establishing a multi-agency Task Force to carry out this process;

• Setting up a Defense Logistics Agency (DLA) rare earth inventory — where DLA enters into long-term supply contracts and then makes the supplies available for purchase to federal government contractors — to generate a domestic market and facilitate the domestic sourcing of rare earth alloys and magnets;

• Making loans, backed by the federal government, available to start production should lending from the capital markets not be available;

• Requiring the various cabinet Secretaries to appoint Executive Agents for rare earths;

• Establishing a rare earth program at the U.S. Geological Survey.

Molycorp is a Colarado-based rare earth miner that runs the Mountain Pass, an open pit rare earth element mine in California. The mine is being expanded and modernized. Work is supposed to finish this year. By 2013, the company expects the mine to produce 40,000 metric tonnes of rare earth iron ore sotne crusher oxide, a doubling of the mine’s production capacity.

China, which produces 97% of the world’s supply of rare earth metals, is placing restrictions of the rare earth metal exports.

Interest rate rises in a shrinking economy.

Where an economy is in recession and inflation starts to rise from food and energy inflation, the economy finds it extremely difficult to absorb such inflation, in all areas of the e economy. Traditional economics would have central banks attempt to ensure that such inflation does not flow into other areas, but it can only use interest rates to do it. This is like a misdirected sledgehammer in so many cases as it now imposes yet another burden on businesses that are struggling to survive and ensure minimum profitability. The effect of interest rate rises in this climate is to curtail business activity even more. At its worst, it can eventually precipitate a depression. By damaging already weak consumer confidence, its impact is that much greater and that much more difficult to recover from.  If confidence is already undermined, then such further cost pressures send it spiraling downward. The U.K. may experience this situation in 2011 and 2012.

Mining machine manufacturer

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