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Topic: Intrastate 610

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	No. 03-1454: Ashcroft v. Raich - Petition
		The court found that the "intrastate, noncommercial cultivation, possession and use of marijuana for personal medical purposes on the advice of a physician" "constitutes a separate and distinct class of activities" that is beyond Congress's power to regulate under the Commerce Clause.
		Regulation of intrastate possession, manufacture, and distribution of any controlled substance, including marijuana, is an integral and essential part of Congress's comprehensive regulation of the interstate possession, manufacture, and distribution of such substances generally, which unquestionably take place in large part in interstate commerce and categorically affects interstate commerce.
		The intrastate manufacture, possession, and free distribution of marijuana for purported medical purposes also significantly interferes with the CSA's purpose to establish a national, comprehensive, uniform -and closed-statutory scheme to prevent the abuse and diversion of controlled substances.
	www.usdoj.gov /osg/briefs/2003/2pet/7pet/2003-1454.pet.aa.html (4621 words)

	Congress may preempt state medical use marijuana laws - Gonzales v. Raich, 125 S.Ct. 2195, 162 L.Ed.2d 1 (2005) (Site not responding. Last check: 2007-10-24)
		Thus, although Congress's authority to regulate intrastate activity that substantially affects interstate commerce is broad, it does not permit the Court to "pile inference upon inference," Lopez, supra, at 567, in order to establish that non-economic activity has a substantial effect on interstate commerce.
		The regulation of an intrastate activity may be essential to a comprehensive regulation of interstate commerce even though the intrastate activity does not itself "substantially affect" interstate commerce.
		On its face, a ban on the intrastate cultivation, possession and distribution of marijuana may be plainly adapted to stopping the interstate flow of marijuana.
	biotech.law.lsu.edu /cases/drugreg/Gonzales-v-Raich.htm (16607 words)

	FindLaw - No. 03-1454: Ashcroft v. Raich - Brief (Merits)
		In the court's view, the "intrastate, noncommercial cultivation, possession and use of marijuana for personal medical purposes on the advice of a physician" "constitutes a separate and distinct class of activities" that is beyond Congress's power to regulate under the Commerce Clause.
		Wickard thus establishes that Congress may regulate intrastate activity which itself may not be overtly commercial in nature-in the sense that it does not directly involve an exchange for valuable consideration-if regulation of the activity is reasonably necessary to achieve the effective regulation of a market that is interstate in nature.
		The intrastate manufacture, possession, and free distribution of controlled substances would significantly interfere with Congress's objectives under the CSA to establish a national, comprehensive, uniform-and closed-statutory scheme to control the market in controlled substances in order to prevent the abuse and diversion of those substances.
	supreme.lp.findlaw.com /supreme_court/briefs/03-1454/03-1454.mer.pet.html (8893 words)

	No. 04-1390: United States v. Smith - Petition
		Wickard thus establishes that intrastate activity is subject to Congress's commerce power, even though the activity itself may not be commercial, if regulation of that activity is reasonably necessary to achieve Congress's regulatory objectives with respect to an interstate market.
		Congress could reasonably determine that regulation of the intrastate possession of child pornography is a necessary and proper measure to ensure the effectuation of its comprehensive regulation of the interstate market, a matter that falls squarely within its authority under the Commerce Clause.
		Because it is a noneconomic, purely intrastate criminal activity, we may consider only its isolated effects, not the aggregate effect of all such activity that occurs nationwide.
	www.usdoj.gov /osg/briefs/2004/2pet/7pet/2004-1390.pet.aa.html (10939 words)

	[No title]
		According to petitioner, the complaint was legally insufficient because nothing prevented her from moving intrastate as long as she did not do so intending to frustrate respondent s visitation rights.
		However, we are aware of no authority holding that the court lacks the jurisdiction to decide whether an intrastate move is in the children s best interests, where a valid settlement agreement calls for the court to decide the issue.
		Although the parties could easily have addressed this contingency directly, the agreement does not explicitly override the established presumptions that a custodial parent need not seek the court s permission to move intrastate and that '[c]ustodial parents should not be expected to give up careers for the sake of remaining in the same geographical location.
	www.state.il.us /COURT/Opinions/AppellateCourt/1998/2ndDistrict/May/HTML/3970586.txt (1687 words)

	Gonzalez Vs Raich
		Respondents nonetheless insist that the CSA cannot be constitutionally applied to their activities because Congress did not make a specific finding that the intrastate cultivation and possession of marijuana for medical purposes based on the recommendation of a physician would substantially affect the larger interstate marijuana market.
		Thus, although Congress's authority to regulate intrastate activity that substantially affects interstate commerce is broad, it does not permit the Court to "pile inference upon inference," Lopez, supra, at 567, in order to establish that noneconomic activity has a substantial effect on interstate commerce.
		Neither case involved the power of Congress to exert control over intrastate activities in connection with a more comprehensive scheme of regulation; Lopez expressly disclaimed that it was such a case, 514 U. S., at 561, and Morrison did not even discuss the possibility that it was.
	www.potdoc.com /Raich.htm (13916 words)

	[No title] (Site not responding. Last check: 2007-10-24)
		The percentage allocated to the CHCF service category shall be calculated separately for each as one minus the sum of (a) the interstate factor(s), for exchange trunk, (b) the intrastate factor(s) for exchange trunk, and (c) the local factor for exchange trunk.
		ÁÁ723©27©20.2Ánn#ÁThe intrastate access charge elements in the tariffs of average schedule small LECs shall be set at the average, as determined by the Administrator, of the access rate elements of the small LECs who are not average schedule LECs which exists at the time that the average schedule small lec's tariff rate elements are established.
		Average schedule small lecs are not required to modify their access charge elements each time the administrator redetermines the average of the access charge elements, but each shall comply with the provisions of rule 19.6.2.
	www.dora.state.co.us /PUC/Decisions/1996/C96-0352C_95R-558T.doc (1267 words)

	Associated Indus. of Mo. v. Lohman, 114 S. Ct. 1815, 128 L. Ed. 2d 639 (1994).
		Because the tax was designed to even exactions on intrastate and interstate trade, the court reasoned that the scheme should be analyzed under the "compensatory tax" doctrine, which the court summarized as permitting States to "impose.
		The court reasoned that whether the tax scheme discriminated against interstate commerce should be determined on the basis of a comparison of the overall effects of the use tax and the local sales taxes on interstate commerce statewide.
		A purely nominal distinction in a State's statutes between the methods of regulating intrastate and interstate commerce, as long as it is not translated into any difference in the substance of regulations imposed, cannot be said to provide "benefit[s]" to intrastate commerce or to impose discriminatory "burden[s]" on interstate trade.
	supct.law.cornell.edu /supct/html/93-397.ZO.html (3843 words)

	[No title]
		The appellate court reversed, concluding that the quoted language was ambiguous, and the proposed move could be construed to be "a matter of substance regarding the children," triggering the provisions requiring mediation and if that were not successful, resolution by the court.
		The cause was remanded to determine whether the parties intended to address intrastate moves in their agreement.
		Section 610 (which strongly favors stability and the present custodian) by its specific terms applies to joint- custody cases.
	www.state.il.us /court/Opinions/AppellateCourt/2002/4thDistrict/April/Html/4010924.htm (1265 words)

	USCA1 Opinion 02-2695
		Morales further argues that even if the statute is facially constitutional, it is unconstitutional as applied to him because his activities were not commercial in nature and did not implicate interstate commerce.
		The prohibition on intrastate production "curb[s] the supply of child pornography at its source, before it [is] released into the interstate market." Rodia, 194 F.3d at 477 n.5.
		Contrary to Morales's arguments, the government is not required to prove that the defendant's actions, standing alone, had an effect on interstate commerce, and the fact that Morales did not sell or distribute the pornographic tapes of himself and the minor is irrelevant.
	www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=02-2695.01A (6450 words)

	GONZALES V. RAICH
		Our cases show that the regulation of intrastate activities may be necessary to and proper for the regulation of interstate commerce in two general circumstances.
		Neither case involved the power of Congress to exert control over intrastate activities in connection with a more comprehensive scheme of regulation; Lopez expressly disclaimed that it was such a case, 514 U.S., at 561, and Morrison did not even discuss the possibility that it was.
		As the Court explains, marijuana that is grown at home and possessed for personal use is never more than an instant from the interstate market–and this is so whether or not the possession is for medicinal use or lawful use under the laws of a particular State.
	www.law.cornell.edu /supct/search/display.html?terms=Raich&url=/supct/html/03-1454.ZC.html (2186 words)

	The Registration and Tax Implications for A Nevada Corporation Having One Employee in California
		A registration requirement for foreign corporations transacting intrastate business is quite reasonable, since the foreign corporation is availing itself of the protection of the laws of the forum state.
		Despite these activities, the holding was based on the fact that the brewery did not maintain an office or place of business in California, did now own inventory or maintain a warehouse there, had no salesmen or employees there, and did not maintain a bank account, lend money, or ship on consignment to California.
		One activity that almost invariably leads to a finding of "transacting intrastate business" is the presence of employees or agents (as opposed to independent contractors) in California.
	www.mynevadacorporation.com /the_registration_and_tax.htm (1165 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		(a) The fact that, if some intrastate commerce were involved or if an appropriate tax were imposed as compensation for the corporation's use of the highways, the same sum of money as is at issue here might be lawfully collected from the corporation, cannot sustain the constitutional validity of the tax.
		It serves no purpose for the State Tax Commissioner to suggest that, if there were some intrastate commerce involved or if an appropriate tax were imposed as compensation for petitioner's use of the highways, the same sum of money as is at issue here might be collected lawfully from petitioner.
		[340 U.S. on intrastate business and, within reasonable limits, 7 may compute the amount of the charge by applying the tax rate to a fair proportion of the taxpayer's business done within the state, including both interstate and intrastate.
	caselaw.lp.findlaw.com /cgi-bin/getcase.pl?navby=case&court=us&vol=340&invol=602 (3688 words)

	U.S. EPA: Section 610 Class II Final Rule
		EPA reiterated its belief that in section 610 of the statute, Congress applied this term to any type or category of merchandise or commodity offered for sale, as well as any use of an ozone-depleting substance in the manufacture or packaging of any such merchandise or commodity.
		Under section 610, the statute prohibits all sale, distribution, or offer of sale or distribution in interstate commerce after the January 1, 1994 effective date.
		EPA believes that all portable fire extinguishers are pressurized dispensers, since pressure is necessary to propel the fire extinguishant and such extinguishant is dispensed directly from the fire extinguisher via a self-contained apparatus.
	www.epa.gov /ozone/title6/noness/58fr69638.html (16998 words)

	[No title] (Site not responding. Last check: 2007-10-24)
		The Staff of the Commission has recommended that this application be deemed complete as of the adopted date of this decision, subject to the filing of these requirements.
		ÁÁÁ` ` Á3.Á¸¸ÁWyco is a common carrier by pipeline operating in interstate and intrastate commerce in Colorado.
		Kaneb is presently a common carrier by pipeline operating in interstate and intrastate commerce in Kansas and several other states, not including Colorado.
	www.dora.state.co.us /puc/Decisions/1995/C95-0044_94A-610.doc (726 words)

	Oregon Judicial Department Appellate Court Opinions
		On appeal, Beaver Creek argues that, as a matter of law, it is entitled to a revised certificate under ORS 759.025(2) to serve its new members.
		Finally, Beaver Creek argues that the PUC's determination that the certification requirements of ORS 759.020 apply to cooperatives is precluded by federal preemption under Section 253 of the Telecommunications Act of 1996.
		However, such an effects-based argument under section 253 must be supported by credible and probative evidence that the application of state or local law does, in fact, substantially impair or preclude the competitive provision of services.
	www.publications.ojd.state.or.us /A112862.htm (3717 words)

	T16771 Draft resolution for Ponderosa Telephone Company general rate case filing
		The Total Intrastate Rate Base amount for Ponderosa is $24,609,598 with an overall Intrastate Rate of Return of 10.00% for the test year 2004.
		For Ponderosa, based on the recommended intrastate rate base of $24,610,325 and a rate of return of 10.00%, the recommended gross intrastate revenue requirement change is a decrease of $385,068.
		The intrastate revenues, expenses, and rate base amounts for test year 2004 identified in Appendix C, column (e) are adopted for The Ponderosa Telephone Company.
	www.cpuc.ca.gov /PUBLISHED/AGENDA_RESOLUTION/30687.htm (4148 words)

	89. +HAZARDOUS MATERIALS IN INTRASTATE COMMERCE (SECTION 610 REVIEW) (Site not responding. Last check: 2007-10-24)
		Currently the regulations generally do not apply to intrastate carriage by highway, with the exception of hazardous wastes, hazardous substances, marine pollutants, and flammable cryogenic liquids in portable tanks and cargo tanks.
		For example, the transportation of gasoline in a cargo tank presents the same level of risk to the public regardless of whether the transportation is intrastate or interstate.
		Also, response to an incident involving materials, carried intrastate by a cargo tank, which are found to be nonhazardous, may cause inconvenience and needless economic hardship on the public and surrounding community.
	ciir.cs.umass.edu /cgi-bin/ua/web_fetch_doc?dataset=ua&db=agendaOctober1996&doc_id=89 (986 words)

	GONZALES (Site not responding. Last check: 2007-10-24)
		Neither case involved the power of Congress to exert control over intrastate activities in connection with a more comprehensive scheme of regulation; Lopez expressly disclaimed that it was such a case, 514 U.
		To effectuate its objective, Congress has prohibited almost all intrastate activities related to Schedule I substances--both economic activities (manufacture, distribution, possession with the intent to distribute) and noneconomic activities (simple possession).
		S., at 561, the Court appears to reason that the placement of local activity in a comprehensive scheme confirms that it is essential to that scheme.
	www.marijuana.org /RaichDecision2005.htm (14563 words)

	CHAPTER 245c* MOTOR CARRIERS OF PROPERTY FOR HIRE
		This authorization shall not be construed to prohibit any household goods carrier from extending credit in connection with rates and charges on household goods transported for any branch of the government of the United States or any department of the state, or for any county, city, borough or town.
		(a) Each application for an intrastate household goods carrier certificate or motor contract carrier permit shall be made in writing in such form as the Commissioner of Transportation may prescribe, shall be verified by oath, contain such information as said commissioner may require and be accompanied by a nonrefundable fee of one hundred seventy-seven dollars.
		Such fee shall be seventeen dollars and fifty cents for each vehicle that such a carrier intends to operate in intrastate service.
	www.cga.ct.gov /2005/pub/Chap245c.htm (3872 words)

	CLE - Taxation of Internet Transactions: Complete Auto Transit v. Brady
		The dissenters argued, on the other hand, id., at 610, that there is no constitutional difference between an "exclusively interstate" business and a "mixed" business, and that a fairly apportioned and nondiscriminatory tax on either type is not prohibited by the Commerce Clause.
		We are advised by the appellee that the tax has been applied only to commercial transactions in which a distinct service is performed and payment made for transportation from one point within the State to another point within the State.
		Appellee argues that appellant's transportation is intrastate business, but further argues that even if the activity is part of interstate commerce, the tax is not unconstitutional.
	vls.law.vill.edu /prof/maule/cle_demo/compauto.htm (4010 words)

	T16711 Approves resolution for Sierra Telephone general rate case filing
		The Total Intrastate Rate Base amount for Sierra is $37,443,117 with an overall Intrastate Rate of Return of 10.00% for the test year 2003.
		For the 1999-2001 period, the three-year average growth rates for intrastate and interstate Billing and Collection are 35.65% and 31%, respectively.
		The overall intrastate rate of return of 10.00% is adopted for Sierra.
	www.cpuc.ca.gov /PUBLISHED/Final_resolution/22784.htm (4997 words)

	U.S. v. Rosenthal II - NORML
		Because this prosecution is for wholly intrastate activity that does not involve the channels or instrumentalities of interstate commerce, it must be justified as an exercise of the third category, which requires that the regulated activity "’substantially affect’ [not merely ‘affect’] interstate commerce." Id.
		These authorities establish that the class of activity to be evaluated here is the cultivation and distribution of marijuana for medical purposes in accordance with the strict confines of state law, not distribution of controlled substances or marijuana generally.
		Keane, 154 F.Supp.2d 610, 615 (S.D.N.Y. 2001) (noting that federal agency’s attempt to nullify bail decisions of state court by issuing parole violation warrant on eve of bail hearing would undermine state autonomy and violate principles of federalism).
	www.norml.org /index.cfm?Group_ID=5540&wtm_format=print (7036 words)

	OSCN Found Document:Central Oklahoma Freight Lines, Inc. v. State ex rel. Oklahoma Corp. Commission
		Central argues in its brief as follows: Their testimony did not answer the question which must be answered before additional authority should be granted:- "Can the existing carriers meet the transportation requirements of the general public in the area under consideration."
		The question under 47 O.S. is whether the intrastate common carriers operating under existing certificates are rendering adequate service between the points or within the area involved.
		While under that statute there is a presumption that they are rendering adequate service, and the applicant has the burden of proof to show otherwise, the real question is whether the applicant has shown otherwise by substantial evidence.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=4897 (820 words)

	Ace Moving & Storage Corp.
		An Intrastate move is any move in excess of forty miles, but within the Commonwealth of Pennsylvania.
		Local moves are generally based on hourly rates, while Intrastate moves are a function of the actual weight of your shipment and the distance you are moving.
		Each move is handled using state of the art equipment and vehicles, supported by an experienced crew leader and his staff.
	www.bekinsagent.com /acemands/services.htm (925 words)

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