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Gender: Male
Hometown: Nokomis, FL
Home country: US
Member since: Wed Nov 5, 2014, 01:58 AM
Number of posts: 27,660

About Me

Retired 3x, living comfortably on the Gulf Coast, biking, beachwalking, lifting free weights, eating mostly properly, keeping my mind active, in my seventh decade, intending to give Methuselah a run for the record...

Journal Archives

Supreme Court sides with property owners in Clean Water Act case in Minnesota

The U..S. Supreme Court ruled against the federal government Tuesday, deciding landowners can go straight to court when regulators find that property is covered by the Clean Water Act.

The justices ruled unanimously that property owners can appeal a decision by the Army Corps of Engineers that a body of water is subject to federal jurisdiction and permit requirements under the Clean Water Act.

... a better reading...

The U.S. Supreme Court delivered a strong victory for private landowners and a defeat for the Obama administration today, upholding an appeals-court decision allowing a company to challenge an Army Corps of Engineering determination that its peat-mining operation was subject to regulation under the Clean Water Act because of a supposed connection to a navigable river 120 miles away.

The high court ruled unanimously in U.S. Army Corps of Engineers v. Hawkes that a “jurisdictional determination” by the Corps is a “final agency action” subject to court review because of the significant financial and even criminal consequences for landowners if they disregard it. Hawkes Co. received a JD when it sought the government’s input on its plan to expand a peat mine in Minnesota, and tried to sue when the Corps informed it the mine included “waters WAT -0.38% of the U.S.” subject to strict controls. The Corps cited a connection to the Red River of the North more than 100 miles away.

The decision is a companion to the court’s 2012 decision Sackett v. Environmental Protection Agency, which granted a couple the right to sue over a compliance order the EPA slapped on their vacation property in Idaho. And the court’s reasoning may resurface in the battle over the Obama administration’s Clean Water Rule, which greatly expanded the government’s definition of Waters of the U.S. and has been stayed by the Supreme Court pending lower-court review.

The practical effect of today’s decision will be to give landowners an incentive to seek jurisdictional determinations from the Corps and challenge them in court, said William Jay, a partner with Goodwin Procter in Washington and frequent Supreme Court litigator. “When the Corps says we have authority to make you get a permit, expect a lawsuit right away rather than a permit proceeding,” Jay said.

This golf course has a "mascot" of sorts. Always allowed to "play through"...

Golfers in Palmetto, Florida, could be forgiven for thinking they had stumbled off the course and into Jurassic Park at the weekend.

While playing a typical Sunday game at Buffalo Creek Golf Course, Charles Helms was able to get a video of a monster alligator casually strolling across the course.

The dinosaur-like gator looked even bigger when another man came into the frame to take a picture - but apparently he is quite a regular sight in the area.

Estimated to be 15-16 feet long...

Kate Steinle's Family Sues Federal Agencies After Alleged Murder By Undocumented Immigrant

The family of Kate Steinle, the woman who was allegedly shot and killed by an undocumented immigrant on a San Francisco pier last summer, has filed a lawsuit against two federal agencies and a San Francisco sheriff for not preventing her death.

The lawsuit, filed Thursday in a federal court in San Francisco, seeks to hold the Bureau of Land Management, the U.S. Immigration and Customs Enforcement, the City and County of San Francisco and Sheriff Ross Mirkarimi of the San Francisco Sheriff's Department for providing "the means and opportunity for a repeat drug felon to secure a gun and kill" the 31-year-old, the complaint reads.

The alleged shooter, Juan Francisco Lopez-Sanchez, is also named in the lawsuit. The case ignited a firestorm at the time because of the suspect's immigration history and San Francisco's status as a sanctuary city -- notifying ICE about suspected undocumented immigrants only in the case of violent crimes.

"Kate's death was both foreseeable and preventable had the law enforcement agencies, officials and/or officers involved simply followed the laws...which they swore to uphold," the complaint said.

Steinle's parents, James and Elizabeth Steinle, are seeking unspecified damages for wrongful death and deprivation of federal civil rights.

Houston police still tight-lipped about yesterday's shooting suspect identities...

1 DEAD, 6 WOUNDED IN HOUSTON SHOOTING; 1 SUSPECT KILLED;-1-suspect-killed-/1362382/

"Affluenza" mom gets not only bailed out, she gets REDUCED bail of $75k...

Tonya Couch, mother of affluenza-afflicted drunk driving killer Ethan Couch, was given reduced bail Monday afternoon. After an ill-fated sojourn to Mexico with her son Ethan following his skipping a probation appointment, Tonya Couch was accused of helping him flee. Her bail was set at $1 million after she was returned from Mexico to the United States. Monday, following Couch's return to Tarrant County from her Los Angeles landing spot late last week, Judge Wayne Salvant reduced Couch's bail amount to $75,000.

You can't set a bail just to keep somebody in jail," Salvant said. "We're talking about a third-degree felony here, not capital murder."

Tonya Couch's lawyers argued that she was indigent. That, despite the still unaccounted for $30,000 she withdrew from the bank before heading to Puerto Vallarta, she has no access to cash. Her estranged husband and Ethan's father, Fred Couch, won't help her, Tonya Couch's son Steven McWilliams said. Her bank account balance shows as "negative $99 billion," McWilliams says, because it's been frozen.


Tarrant County prosecutors drew a line between the Couches' apparent disrespect for the conditions of Ethan's probation — he got 10 years' worth for killing four people — and the potential that Tonya Couch would skip bail, and Salvant expressed concern that Couch's passport, which her attorneys have said was lost during her stint in California, was missing.

It looks like we're over the flurry of angry "spitting" from the Hillary dozen, now that Trump...

... has secured the Republican nomination (effectively). Perhaps they will now settle down and await Hillary's removal from the political stage as a consequence of multiple criminal charges and/or malfeasance in office.

Then it must be decided whether Sanders will be allowed to fill the top of the Democratic ticket and campaign against Trump or whether the DNC throws him away and chooses Biden or Debbie or.. just some poor schmoe off the street to suffer the certain-sure loss to Trump...

Trump agrees to debate Sanders, Hillary hides under the covers...

...News at eleven...

Now that Trump is leading Hillary in the national presidential polls, the NYT has decided that...

... polls really ain't all that...

When Should You Start Worrying About the Polls?

Since Donald Trump became the presumptive Republican nominee,several national polls have shown him narrowing the gap with his likely opponent, Hillary Clinton, or even leading.

But the election is more than five months away. When should you start to care about polls?

With some caveats, we believe the answer is: not quite yet.

"We simply cannot afford another four – or eight – years in the wilderness. That is why...

... everywhere I go, people come up to me, grip my hand or arm, and urge me to keep on running. That is why I continue in this race: because I believe I am best prepared to lead this country as President – and best prepared to put together a broad coalition of voters to break the lock Republicans have had on the electoral map..."

Hillary Clinton, 2008

Why the HELL doesn't Sanders GTF out of my WAY?! It's MY TURN!

Hillary Clinton, 2016...

Dems discuss dropping Wasserman Schultz

Democrats on Capitol Hill are discussing whether Rep. Debbie Wasserman Schultz should step down as Democratic National Committee (DNC) chairwoman before the party’s national convention in July.

Democrats backing likely presidential nominee Hillary Clinton worry Wasserman Schultz has become too divisive a figure to unify the party in 2016, which they say is crucial to defeating presumptive GOP nominee Donald Trump in November.

Wasserman Schultz has had an increasingly acrimonious relationship with the party’s other presidential candidate, Bernie Sanders, and his supporters, who argue she has tilted the scales in Clinton’s favor.
“There have been a lot of meetings over the past 48 hours about what color plate do we deliver Debbie Wasserman Schultz’s head on,” said one pro-Clinton Democratic senator.

“I don’t see how she can continue to the election. How can she open the convention? Sanders supporters would go nuts,” said the lawmaker, who requested anonymity because of the sensitive nature of the discussions.
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