Topicality
Table of Contents
Topicality .............................................................................................................................. 1
IMPORTANT NOTES ........................................................................................................................2
DEFINITIONS...................................................................................................................................4
Substantially Definitions: ....................................................................................................................... 5
Increase Definitions: .............................................................................................................................. 6
Exploration Definitions: ......................................................................................................................... 8
Development Definitions: .................................................................................................................... 11
Oceans Definitions ............................................................................................................................... 13
Example 1NC Violation Briefs ........................................................................................................ 15
NOTE .................................................................................................................................................... 16
Precautionary Principle is Not Topical – Decreases Development...................................................... 17
Ocean Clean Up Is Not Topical – Increase Excludes Creation ............................................................. 18
Aquaculture is Not Topical - The Plan is About Fish Production, Which is not Development............ 19
Standards: .................................................................................................................................... 20
Voters/Non Voters ....................................................................................................................... 21
IMPORTANT NOTES
WDCA Novice Packet Topicality File
The United States Federal Government should substantially increase its non-military
exploration and/or development of the Earth’s oceans.
*** Important note to judges regarding Topicality. ***
While Affirmative teams are bound the plan texts presented in the packet for the entire
season, there are a myriad of ways that they may choose to interpret the words of the
resolution. The strategic choices they make in this area may or may not be topical,
under the definitions presented in this packet, or by definitions used after the packet
restrictions are lifted.
It is not appropriate for judges to refuse to consider topicality arguments because of
their personal feelings regarding this issue or because they feel that since the WDCA
has mandated plan texts that they must, therefore, be topical. Please remember that
how a team justifies its plan action should be evaluated in the same way you evaluate
any other issue presented in the round.
If you have any questions regarding this note, please speak to the coach who you are
working for, the tournament director or a member of the WDCA Executive Committee.
DEFINITIONS
Substantially Definitions:
Substantially is important
AMERICAN HERITAGE DICTIONARY 2000 [The American Heritage® Dictionary of
the English Language, Fourth Edition, accessed via dictionary.com//kbk]
Considerable in importance, value, degree, amount, or extent: won by a substantial
margin.
Substantially is material in nature
AMERICAN HERITAGE DICTIONARY 2000 [The American Heritage® Dictionary of
the English Language, Fourth Edition, accessed via dictionary.com//kbk]
Of, relating to, or having substance; material.
"substantial" means actually existing, real, or belonging to substance
Words and Phrases 2 (Volume 40A) p. 460
Ala. 1909. “Substantial” means “belonging to substance; actually existing; real; *** not seeming or imaginary; not
elusive; real; solid; true; veritable
Substantial means “of considerable amount” – not some contrived percentage
Prost 4 (Judge – United States Court of Appeals for the Federal Circuit, “Committee For Fairly Traded Venezuelan
Cement v. United States”, 6-18, http://www.ll.georgetown.edu/federal/judicial/fed/opinions/04opinions/041016.html)
The URAA and the SAA neither amend nor refine the language of § 1677(4)(C). In fact, they merely suggest,
without disqualifying other alternatives, a “clearly higher/substantial proportion” approach. Indeed, the SAA
specifically mentions that no “precise mathematical formula” or “‘benchmark’ proportion” is to be used for a
dumping concentration analysis. SAA at 860 (citations omitted); see also Venez. Cement, 279 F. Supp. 2d at 132930. Furthermore, as the Court of International Trade noted, the SAA emphasizes that the Commission retains the
discretion to determine concentration of imports on a “case-by-case basis.” SAA at 860. Finally, the definition of
the word “substantial” undercuts the CFTVC’s argument. The word “substantial” generally means “considerable in
amount, value or worth.” Webster’s Third New International Dictionary 2280 (1993). It does not imply a specific
number or cut-off. What may be substantial in one situation may not be in another situation. The very breadth of
the term “substantial” undercuts the CFTVC’s argument that Congress spoke clearly in establishing a standard for
the Commission’s regional antidumping and countervailing duty analyses. It therefore supports the conclusion
that the Commission is owed deference in its interpretation of “substantial proportion.” The Commission clearly
embarked on its analysis having been given considerable leeway to interpret a particularly broad term.
Increase Definitions:
Increase is to make larger
The American Heritage Dictionary of the English Language, Fourth Edition 2000
[Copyright © 2000 by Houghton Mifflin Company, accessed at
www.dictionary.com//kbk]
v. tr. To make greater or larger.
Increase means a NET increase
Words and Phrases Vol 20 A 2004
La.App.2 Cir. 1972 Within insurance company’s superintendent’s employment contract,
“increase” meant net increase in premiums generated by agent calculated by subtracting
“lapses” or premiums lost on poices previously issued from gross premiums added by
new policies sold and “one time” meant payment made as salary or bonus to agent on
dollar for dollar or “one for one” basis measured by net increase. – Lanier v Trans-World
Life Ins. Co. 258 So.2d 103 –Insurance 1652(1).
Increase implies pre-existence
Merriam Webster’s Dictionary 1998
Increase: to make greater, argument, implies to what is already well grown, or well
developed
Increase is numerous or more important
WORDNET 2003 [WORDNET 2.0, PRINCETON UNIVERSITY, accessed at
dictionary.com//kbk]
3: a process of becoming larger or longer or more numerous or more important; "the
increase in unemployment"; "the growth of population" [syn: increment, growth] [ant:
decrease]
Increase doesn’t require pre-existence
Reinhardt, U.S. Judge for the UNITED STATES COURT OF APPEALS, 2005
(Stephen, JASON RAY REYNOLDS; MATTHEW RAUSCH, Plaintiffs-Appellants, v.
HARTFORD FINANCIAL SERVICES GROUP, INC.; HARTFORD FIRE INSURANCE
COMPANY, Defendants-Appellees., lexis)
Specifically, we must decide whether charging a higher price for initial insurance than
the insured would otherwise have been charged because of information in a consumer
credit report constitutes an "increase in any charge" within the meaning of FCRA. First,
we examine the definitions of "increase" and "charge." Hartford Fire contends that,
limited to their ordinary definitions, these words apply only when a consumer has
previously been charged for insurance and that charge has thereafter been increased
by the insurer. The phrase, "has previously been charged," as used by Hartford, refers
not only to a rate that the consumer has previously paid for insurance but also to a rate
that the consumer has previously been quoted, even if that rate was increased [**23]
before the consumer made any payment. Reynolds disagrees, asserting that, under
[*1091] the ordinary definition of the term, an increase in a charge also occurs
whenever an insurer charges a higher rate than it would otherwise have charged
because of any factor--such as adverse credit information, age, or driving record 8 -regardless of whether the customer was previously charged some other rate.
According to Reynolds, he was charged an increased rate because of his credit rating
when he was compelled to pay a rate higher than the premium rate because he failed to
obtain a high insurance score. Thus, he argues, the definitions of "increase" and
"charge" encompass the insurance companies' practice. Reynolds is correct.
“Increase" means to make something greater. See, e.g., OXFORD ENGLISH
DICTIONARY (2d ed. 1989) ("The action, process, or fact of becoming or making
greater; augmentation, growth, enlargement, extension."); WEBSTER'S NEW WORLD
DICTIONARY OF AMERICAN ENGLISH (3d college ed. 1988) (defining "increase" as
"growth, enlargement, etc[.]"). "Charge" means the price demanded for goods or
services. See, e.g., OXFORD ENGLISH DICTIONARY (2d ed. 1989) ("The price
required or demanded for service rendered, or (less usually) for goods supplied.");
WEBSTER'S NEW WORLD DICTIONARY OF AMERICAN ENGLISH (3d college ed.
1988) ("The cost or price of an article, service, etc."). Nothing in the definition of these
words implies that the term "increase in any charge for" should be limited to cases in
which a company raises the rate that an individual has previously been charged.
Exploration Definitions:
Ocean exploration is discovery of the unknown
OER ‘12
Office of Exploration and Research, OER, is a subsection of the NOAA, The National Oceanic and Atmospheric
Administration. This blue-ribbon panel and report was commissioned by Raymond J. Ban – Chair, NOAA Science
Advisory Board. “Ocean Exploration’s Second Decade” – December 2012.
http://explore.noaa.gov/sites/OER/Documents/about-oer/program-review/2012-12-12-FINAL-OE-ReviewReport.pdf.
The 2000 Panel recommended the U.S. government establish the Ocean Exploration Program for an initial period of
10 years, with new funding at the level of $75 million per year, excluding capitalization costs. The 2000 Panel’s
recommendations are listed to the right. The present Panel affirms the brief definition of exploration of the 2000
Panel: Exploration is the systematic search and investigation for the initial purpose of discovery and the more
elaborated definition of the US Navy: Systematic examination for the purposes of discovery;
cataloging/documenting what one finds; boldly going where no one has gone before; providing an initial
knowledge base for hypothesis-based science and for exploitation. The Panel affirms that Ocean Exploration is
distinct from comprehensive surveys (such as those carried out by NAVOCEANO and NOAA Corps) and at-sea
research (sponsored by National Science Foundation, Office of Naval Research, and other agencies), including
hypothesis-driven investigations aimed at the ocean bottom, artifacts, water column, and marine life. The present
Panel finds undiminished motivations for the U.S. National Program in ocean exploration. In fact, spurred in part by
the Ocean Exploration Program, a renaissance of ocean exploration has occurred during the past decade, both
nationally and globally. Most famously, in March 2012 “Titanic” film director James Cameron’s vertical torpedo
visited the Mariana Trench’s Challenger Deep, Earth’s deepest valley. The first human to visit the Challenger Deep
since 1960, Cameron descended in 2 hours and 36 minutes and ascended in a remarkable 70 minutes. The project
involved many partners, including the National Geographic Society, Rolex Corporation, Alfred P. Sloan Foundation,
and Cameron’s own enterprises. It attracted billions of web hits, more than any prior event. Among other highly
visible ventures in ocean exploration during the past decade were the cooperative international Census of Marine
Life, the Russian flag-laying at the North Pole seafloor, and the renewed visits to the RMS Titanic.
Exploration must be open ended, while research has a defined goal.
National Oceanic and Atmospheric Administration, 2012
Independent Review of the Ocean Exploration Program 10 Year Review 2001 – 2011”, 5-21,
http://explore.noaa.gov/sites/OER/Documents/about-oer/program-review/oe-program-historyoverview.pdf
2.1 What is Exploration?
As described in the President’s Panel Report, ocean exploration is defined as “discovery
through disciplined diverse observations and the recording of the findings. An explorer is
distinguished from a researcher by virtue of the fact that an explorer has not narrowly
designed the observing strategy to test a specific hypothesis. A successful explorer leaves a
legacy of new knowledge that can be used by those not yet born to answer questions not yet
posed at the time of the exploration.” Above all, the overarching purpose of ocean exploration is
to increase our knowledge of the ocean environment; its features, habitats, and species; and how
it functions as part of the global ecosystem.
In practice, the NOAA Ocean Exploration Program adopted and continues to promote an
approach to engage teams of scientists representing multiple disciplines to explore unknown and
poorly known ocean areas and phenomena. This approach also includes recruiting natural
resource managers, educators, journalists, documentary filmmakers, and others to join
expeditions and provide a unique perspective on the areas being investigated. The objective is to
generate a comprehensive characterization of the area and phenomena explored, providing
a rich foundation to stimulate follow-on research, as well as new lines of scientific inquiry.
Exploration includes developmental activities
Idaho Code 2014 (GENERAL LAWS TITLE 47. MINES AND MINING CHAPTER 7. MINERAL
RIGHTS IN STATE LANDS Idaho Code § 47-703A (2014))//JSutter
(4) The following definitions shall apply to this chapter: (a) " Casual exploration" means entry and/or exploration which does not
appreciably disturb or damage the land or resources thereon . Casual exploration includes, but is not limited to,
geochemical and/or geophysical exploration techniques, sampling with hand tools, and entry using wheeled
vehicles for transportation to conduct such exploration. Exploration using suction dredges having an intake diameter of two (2)
inches or less shall be considered casual exploration when operated in a perennial stream and authorized under the stream protection act, chapter 38,
title 42, Idaho Code. (b) "Motorized
exploration" means exploration which may appreciably disturb or damage
the land or resources thereon. Motorized exploration includes, but is not limited to, drilling, trenching, dredging,
or other techniques which employ the use of earth moving or other motorized equipment, seismic operations
using explosives, and sampling with suction dredges having an intake diameter greater than two (2) inches when operated in a perennial stream. When
operated in an intermittent stream, suction dredges shall be considered motorized exploration regardless of the intake size.
Development Definitions:
Development is finding the best techniques
American Heritage Dictionary of the English Language, “Development,” 2010
(http://www.yourdictionary.com/development )
Determination of the best techniques for applying a new device or process to production of goods or services.
Development includes environmental protection
MRSC 14, A local Governmental Website that focuses on reporting different policies and how they effect society (“Smart
Growth and Sustainable Development”, May,2014, http://www.mrsc.org/subjects/planning/smartgrowth.aspx)JDS
Smart growth is development that is
environmentally sensitive, economically viable, community-oriented, and
sustainable. It is an approach to land use planning that promotes compact, transit-oriented urban
communities that are attractive and liveable. Smart growth focuses on the planning and layout of communities and the efficient use
of land to maximize community goals and avoid wasteful sprawl. It involves policies that integrate transportation and land use decisions by
encouraging more compact, mixed-use development (infill) within existing urban areas and discouraging dispersed, automobile-dependent
development at the urban fringe. Smart growth and sustainable development are often used interchangeably. Sustainable development
is a
strategy by which communities seek to balance environmental protection, economic development, and
social objectives and to meet the needs of today without compromising the quality of life for future
generations.
Development” is construction, excavation, dredging, removal of minerals,
alteration of the shore or bottom of the ocean floor, or placement of floating
structure
Kalo & Schiavinato, 09 - Graham Kenan Professor of Law at University of North Carolina School of
Law at Chapel Hill & Coastal Law Policy and Community Development Specialist at North Carolina Sea
Grant College Program and Co-Director of North Carolina Coastal Resources Law, Planning and Policy
Center
[Joseph J. & Lisa, “Wind Over North Carolina Waters: The State's Preparedness To Address Offshore And
Coastal Water-Based Wind Energy Projects,” North Carolina Law Review, 87 N.C.L. Rev. 1819, Lexis]//SG
Under CAMA, the CRC has authority to designate areas of environmental concern ("AEC"). n141 State estuarine and ocean waters
are designated public trust AECs. n142 With limited exceptions, any "development" in an AEC requires a CAMA permit. n143
"Development" is defined as:¶ ¶ Any activity in a duly designated area of environmental concern (except as provided in
paragraph b of this subdivision) involving, requiring, or consisting of the construction or enlargement of a
structure; excavation; dredging; filling; dumping; removal of clay, silt, sand, gravel or minerals;
bulkheading, driving of pilings; clearing or alteration of land as an adjunct of construction; alteration or
removal of sand dunes; alteration of the shore, bank or bottom of the Atlantic Ocean or any sound, bay,
river, creek, stream, lake or canal; or [*1847] placement of a floating structure in an area of environmental concern
identified in G.S. 113A-113(b)(2) or (b)(5). n144¶ ¶ Normally, any significant "development" in estuarine or ocean waters, such as a
wind energy project, requires a CRC-issued CAMA major development permit. n145 However, certain activities are excluded
by CAMA from being considered "development" and are not subject to CAMA permit requirements. n146
Wind turbine facilities are potentially such an activity .¶ Section 113A-118(5)(b)(3) of the General Statutes of North
Carolina excludes from the CAMA definition of "development" "work by any utility and other persons for the
purpose of construction of facilities for the development, generation, and transmission of energy to the
extent that such activities are regulated by other law or by present or future rules of the State Utilities Commission." n147 Wind
energy facilities located in coastal or ocean waters have three major components: (1) wind turbine
generators, (2) transmission lines crossing submerged lands, and (3) onshore
Ocean development includes energy, aquaculture, sand and gravel, and carbon sinks
NROC 13 Northeast Regional Ocean Council Request for Proposals:TOSUPPORT THEIDENTIFICATION
OFOPTIONS TOENHANCEINTER-AGENCYCOORDINATION,PUBLICINPUT,AND THE USE OFDATA
INDECISIONMAKINGRFP Issued:December 18, 2013
http://northeastoceancouncil.org/wp-content/uploads/2013/12/Regulatory-RFP_Final.pdf
To assist with guiding its work in achieving this goal, the RPB has formed an internal Regulatory Work Group that
includes federal and state agency and tribal representatives. The work group is focusing on the implementation of
existing regulatory programs related to several specific types of ocean development: energy infrastructure,
aquaculture (particularly in federal waters), sand and gravel extraction, and carbon sequestration, as a potential new
emerging use. The workgroup’s charge is to develop options to improve decision making under existing authorities
through better coordination, enhanced public input opportunities, and consistent use of data and other baseline
information for consideration by the RPB, whose review will provide opportunity for public review and comment on
advancing any such efforts.
Oceans Definitions
“Oceans” are the area of the seas beyond US territorial waters.
a. “Ocean” is water beyond the Contiguous Zone
Clean Water Act, 2012
(Clean Water Act, “Section 502 General Definitions”,
http://water.epa.gov/lawsregs/guidance/wetlands/sec502.cfm)
(10) The term "ocean" means any portion of the high seas beyond the contiguous zone.
b. That excludes activities within 24 miles of shore
Baird, , Manager of California Ocean Resources Management Program, 1997
(Brian E. Baird, “California's Ocean Resources: An Agenda for the Future”, March,
http://resources.ca.gov/ocean/html/chapt_3.html)
OCEAN JURISDICTIONAL DESIGNATIONS
Ocean jurisdictions include some offshore regions with clearly defined sovereignty and
regulatory regimes, while others have become less clear due to recent national and international
developments (see Figure 3-1). Current ocean jurisdictional designations offshore California
are:
State Tidelands and Submerged Lands (shoreline to 3 nautical miles offshore): the federal
Submerged Lands Act of 1953 (43 U.S.C. 1301 et seq.) granted ownership of lands and resources
within this body of water to coastal states such as California.
Outer Continental Shelf (seaward of 3 nautical miles from shore): the Outer Continental Shelf
Lands Act of 1953 (43 U.S.C.A. 1331 et seq.), passed in coordination with the Submerged Lands
Act, confirmed federal jurisdiction over the resources beyond three nautical miles from shore and
created a legal process for developing those resources (such as oil and gas).
Territorial Sea (shoreline to 12 nautical miles offshore): pursuant to a 1988 proclamation by
President Reagan (Proclamation No. 5928), the U nited S tates now asserts sovereign rights
over the lands and waters out to 12 nautical miles from shore (the previous territorial sea
designation was coextensive with State Tidelands in California -- shoreline to 3 nautical miles
offshore). This proclamation does not disturb the rights of states in the waters out to three
nautical miles established under the SLA. However, the term "territorial sea" is included in over
68 federal statutes and the new assertion of sovereignty creates ambiguity over the management
of the area between 3 and 12 miles offshore. It has never been tested in the courts as to whether
the President can unilaterally enlarge this jurisdiction to 12 miles for the purposes of these
statutes. The term "marginal sea" is also used to describe the territorial sea.
Contiguous Zone ( 12 to 24 nautical miles offshore ): within this area, a nation can
exercise control over customs, fiscal, immigration and sanitary matters. Neither the
Executive Branch nor Congress have taken the initiative to formally adopt a contiguous zone for
the waters offshore the U.S..
Oceans include all connected salt water
American Heritage 9 The American Heritage® Dictionary of the English Language, Fourth Edition copyright
©2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights
reserved. http://www.thefreedictionary.com/ocean
o·cean (ō′shən) n.
1. The entire body of salt water that covers more than 70 percent of the earth's surface.
2. Abbr. Oc. or O. Any of the principal divisions of the ocean, including the Atlantic, Pacific, Indian, Arctic, and
Antarctic oceans.
3. A great expanse or amount: "that ocean of land which is Russia" (Henry A. Kissinger).
[Middle English occean, from Old French, from Latin ōceanus, from Greek Ōkeanos, the god Oceanus, a great
river encircling the earth.]
Example 1NC Violation Briefs
NOTE
These briefs may be used in round and their definitions are considered valid packet
material. They are simply incorporated here in brief form to aid students in crafting
violations. Please note that students will still have to select appropriate standards and
voters.
Precautionary Principle is Not Topical – Decreases
Development
A. Definition - Ocean development means commercial action, not preservation
Underhill, United States District Judge, 2007
(Stefan R.,. STATE OF CONNECTICUT and ARTHUR J. ROCQUE, JR., COMMISSIONER
OF THE CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiffs,
v. UNITED STATES DEPARTMENT OF COMMERCE and THE HONORABLE DONALD L.
EVANS, IN HIS CAPACITY AS SECRETARY OF COMMERCE, Defendants, ISLANDER
EAST PIPELINE COMPANY, LLC, Intervenor Defendant.CIVIL ACTION NO. 3:04cv1271
(SRU) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT
2007 U.S. Dist. LEXIS 59320 August 15, 2007, Decided lexis)
The term "develop" is not defined in the statute, and there is a dearth of case law on the subject.
In the "absence of statutory guidance as to the meaning of a particular term, it is appropriate to
look to its dictionary definition in order to discern its meaning in a given context." Connecticut v.
Clifton Owens, 100 Conn. App. 619, 639, 918 A.2d 1041 (2007). There are various definitions of
the term "develop," some of which connote commercial and industrial progress, and some of
which imply natural growth. See BLACK'S LAW DICTIONARY 462 (7th ed. 1999);
WEBSTER'S NEW COLLEGE DICTIONARY 310 (2d ed. 1995). Having gained no clear
answer from the dictionary, words must be given their "plain and ordinary meaning . . . unless
the context indicates that a different meaning was intended." Connecticut v. Vickers, 260 Conn.
219, 224, 796 A.2d 502 (2002). [*19] Here, the plain meaning of the term "develop" includes
commercial improvement. Connecticut argues, in effect, that by placing the term "develop"
in the context of other terms, such as "preserve, protect, and restore," the definition of
"develop" must have a natural, conservationist meaning. That argument is not supported
by the legislative history of the CZMA. Congress intended the CZMA to balance conservation
of environmental resources with commercial development in the coastal zone. See, e.g.,
COASTAL AND OCEAN LAW at 229. In fact, in the context of the CZMA, the term
"develop" has been defined to mean commercial improvement. Id. ("[T]he CZMA reflects a
competing national interest in encouraging development of coastal resources.").See also
Conservation Law Foundation v. Watt, 560 F. Supp. 561, 575 (D. Mass. 1983) (noting that the
CZMA recognizes a wide range of uses of the coastal zones, including economic development).
B. Violation – The plan preserves rather than takes commercial action
C. (insert standards)
D. (insert voters)
Ocean Clean Up Is Not Topical – Increase Excludes
Creation
A. Definitions - “Increase” means to make greater and requires pre-existence
Buckley 6 (Jeremiah, Attorney, Amicus Curiae Brief, Safeco Ins. Co. of America et al v. Charles
Burr et al, http://supreme.lp.findlaw.com/supreme_court/briefs/06-84/06-84.mer.ami.mica.pdf)
First, the court said that the ordinary meaning of the word “increase” is “to make something
greater,” which it believed should not “be limited to cases in which a company raises the rate that
an individual has previously been charged.” 435 F.3d at 1091. Yet the definition offered by the
Ninth Circuit compels the opposite conclusion. Because “increase” means “to make
something greater,” there must necessarily have been an existing premium, to which Edo’s
actual premium may be compared, to determine whether an “increase” occurred. Congress
could have provided that “ad-verse action” in the insurance context means charging an amount
greater than the optimal premium, but instead chose to define adverse action in terms of an
“increase.” That def-initional choice must be respected, not ignored. See Colautti v. Franklin,
439 U.S. 379, 392-93 n.10 (1979) (“[a] defin-ition which declares what a term ‘means’ . . .
excludes any meaning that is not stated”). Next, the Ninth Circuit reasoned that because the
Insurance Prong includes the words “existing or applied for,” Congress intended that an
“increase in any charge” for insurance must “apply to all insurance transactions – from an initial
policy of insurance to a renewal of a long-held policy.” 435 F.3d at 1091. This interpretation
reads the words “exist-ing or applied for” in isolation. Other types of adverse action described in
the Insurance Prong apply only to situations where a consumer had an existing policy of
insurance, such as a “cancellation,” “reduction,” or “change” in insurance. Each of these forms
of adverse action presupposes an already-existing policy, and under usual canons of statutory
construction the term “increase” also should be construed to apply to increases of an
already-existing policy. See Hibbs v. Winn, 542 U.S. 88, 101 (2004) (“a phrase gathers
meaning from the words around it”) (citation omitted).
B. Violation – As this is a new federal plan, it does not pre-exist and is therefore
not topical
C. (insert standards)
D. (insert voters)
Aquaculture is Not Topical - The Plan is About Fish
Production, Which is not Development
a. Definition - Production is not exploration or development
Wang, Quality Strategies Research Sciences Group Director, 99
[Haijiang, Science Direct, “China's Oil Industry and Market”,
http://www.sciencedirect.com/science/book/9780080430058, pg 369-370, Accessed 7-4-14, CX]
The term "petroleum operations" shall mean exploration, development and production operations
carried out in order to implement a contract, as well as activities in connection therewith;
The term "exploration operations" shall mean all work carried out to find oil-bearing traps by various
means such as geological, geophysical and geochemical means, including the drilling of exploration
wells, as well as all work carried out to determine whether a discovered petroleum trap has commercial
value, such as the drilling of appraisal wells, feasibility studies and preparation of overall development
programs for the oil/gasfield;
The term "development operations" shall mean all designing, manufacturing, installation and drilling
projects, and the corresponding research, carried out as from the date of approval of the overall
development program for the oil/gasfield for the purpose of realizing petroleum production, including
production activities carried out prior to the commencement of commercial production;
The term "production operations" carried shall means all operations out for the purpose of petroleum
production as from the date of commencement of the commercial production of an oil/gasfield, as
well as all activities in connection therewith.
b. Violation- Aquaculture is a production operation and is therefore not topical.
c. (Insert Standards)
d. (Insert Voters)
Standards:
**** The analysis provided here is NOT evidence. Debaters may choose to use this
analysis as a starting point, or choose to interpret the standard in a different way.
Teams should be held only to the standards offered here, NOT to the logic that supports
them.
Reasonability
As long as the definition is reasonable, it should be accepted.
If the Affirmative team is reasonably topical, they should be judged as topical.
Bright Line
Prefer the definition that provides a bright line between what is topical and what is not
topical.
Ground
Prefer the definition that provides the more equal division of ground. If one side get to
play on more than half of the field, it is fundamentally unfair.
Limits
Prefer the definition that gives the best limits to the round.
Their definition is bad because it over/under limits the resolution.
Voters/Non Voters
**** Like with the standards, what is required is only the voting issue, not any of the
sample analysis give here.
Education
We learn the most by debating a topical Affirmative case. Since they affs aren't topical,
they have harmed our education in this round.
We learn the most by debating the policy we presented, not the minutia.
Fairness
Topicality is about fundamental fairness. Since they aren't topical, it isn't fair to us to
have to argue against it.
Topicality is about fairness, but only to the extent that it keeps us honest. The WDCA
requires us to use this plan text. That makes us fair.
Jurisdiction
The Judge should only vote for plans that are topical. Even if it's a great plan, if it isn't
topical, the judges lacks the jurisdiction to vote for it. The judge should look at Topicality
first to see if the plan meets the resolution. If it isn't, the judge must vote neg.