I am a father, husband, counselor, writer, futurist, novelist and an aging tennis player. Steve Bonenberger | B.A., M. Div. Ongoing Post-Grad. Studies
Pastor, speaker, biblical and excellence instruction, essayist, novelist and storyteller. Armed with more than 25 years of experience in a range of academic and creative ventures as a senior pastor, Christian radio host, and Christian fiction writer, Steve knows what it takes to manage teams, budgets, and projects. He is a self proclaimed “big picture guy with keen attention to detail.” He is principled and dedicated to every task that builds a project. He is honest and genuine in relationships with others because that’s how trust is built. His life’s goal? To help people find ways to improve their performance, fuel their passion, and see their visions come to pass.
Writers and Creatives Only # 4: Disappear into Your Dream
What Passion for Writing and The Creative Arts Sort-of Looks Like:
So, I had an interesting encounter a couple of weeks ago. A guy that read one of my novels met me in a coffee shop. He wanted to talk to me about the book that is buried deep inside of his soul.
He told me something of the framework of the ‘Big Idea’.
Then, he asked me, “How do I write this?”
That got me to thinking. What are some key and healthy ingredients that bring tales, stories, scripts, works of art, drawings, songs etc. from the ether into this present age?
Here are some givens:
· Write or create: sounds so simple. And is yet so difficult. You have to sit your butt into a chair and start writing. You have to stand in front of an easel and start scratching. You have to pick up a guitar or flute or oboe and start hammering out chords
· Live to Write, Write to Live: this has to be in your DNA. This creative stuff and this creative energy has to pulse inside of you. You must feel and permit yourself to be completely submerged into the vibe or tone or adventure
· No Flow: you have to completely discredit and denounce this idea and hogwash that writing and creativity are ‘easy’. There may be moments of when the work, ‘flows’. But these are far and few. The reality is the creative process is toil. It’s work. It’s grind. It’s mesmerizing detail. It’s spreadsheets. It’s facts and figures that you have to order and move in orderly fashion
·Love: writing and the creative life are works of love. The artist, the creator, the one who has the courage to actually plow into this work has to bleed and then spill real human personality into their endeavors
For it is this personal signature, this human stigmata that turns a work from bland into brilliant!
Work. Find time today to stroke an idea. Hammer out one or two melodies. Swash one dab of paint. Stencil one line with charcoal.
Our team of experts are here to make your journey swim in the deep sea of satisfaction.
Don’t hesitate to ping us.
Allow and permit us the privilege and high-calling of co-laboring with you.
What Are one of the most Usual Sorts Of Commercial Truck Accident Cases?
Semi-trucks, buses, shipment vans, tractor-trailers and also gas trucks are among the most typical industrial automobiles associated with truck mishap lawsuits. Celebrations that have actually been injured as a result of a big rig crash will often sue and also begin a legal action declaring that neglect occurred on the part of the truck chauffeur as well as/ or company and also triggered the accident as well as injuries.
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D.C. and Puerto Rico are not the same.
https://legal-planet.org/2020/06/29/dc-and-puerto-rico-are-not-the-same/
“D.C. and Puerto Rico should be states. Pass it on.”
With passage of the D.C. statehood bill in the House of Representatives last Friday, variations on this statement have been gaining traction as a liberal rallying cry. Because they are not states, neither D.C. nor Puerto Rico have voting representation in Congress. The votes of Puerto Rico’s 3.2 million citizens also do not count in U.S. presidential elections (thanks to a constitutional amendment, D.C. citizens have been able to vote for President since 1961). If Democrat-leaning D.C. and Puerto Rico were to become the 51st and 52nd states in the Union, that’d be a considerable boon for Democrats looking to reclaim control of the Senate and the Electoral College. Statehood proponents also make the point that all Americans “deserve” equal representation.
No matter how attractive these arguments might appear on the surface, the idea that Puerto Rico “deserves” to be a state, just the same as D.C., overlooks a critical difference between the two.
D.C. was established by the U.S. Constitution to serve as the nation’s capital in 1790. Puerto Rico was annexed by the United States in 1898 and has been subject to colonial rule ever since. While statehood may be appropriate for D.C., the same is not necessarily true for Puerto Rico.
The United States claimed Puerto Rico along with Guam, Cuba, and the Philippines as spoils of the Spanish American War. At that time, annexed territories on the continent were automatically placed on a “path to statehood.” The Constitution applied in full in these territories and their inhabitants were extended U.S citizenship and voting rights. Then, once territories were sufficiently “American” in character—meaning enough Native people had been exterminated or dispossessed and enough white people had settled there—the territories would be granted full statehood. Hawai’i, which was annexed the same year as Puerto Rico, but which already was home to a substantial class of white capitalists, was placed on the path to statehood the same as territories on the continent.
This political cartoon, published in 1898, celebrates the extension of American imperial domination across the continent and overseas, from the Philippines to Puerto Rico. In the bottom right, the cartoon contrasts the extent of American rule in 1898 with a smaller map of America as it existed in 1798. The caption reads “ten thousand miles from tip to tip.”
By contrast, from the moment the U.S. annexed Guam, the Philippines, Cuba, and Puerto Rico, statehood was out of the question. Racist conceptions of island peoples as inferior, savage, and strange foreclosed the possibility of statehood in the absence of white settler colonies. But white Americans did not want to move to these “primitive” islands. With statehood off the table, the question facing the United States became how to effectively maintain dominance over its strategically important new possessions without fully bringing them into the Union.
This political cartoon published in Puck magazine in 1899 showcases the American attitude toward its new territories. Uncle Sam addresses depictions of the Philippines, Guam, Puerto Rico, and Cuba. In the background are an American Indian holding a book upside down, a Chinese boy at the door, and a Black boy cleaning a window. The original caption read: “School Begins. Uncle Sam (to his new class in Civilization): Now, children, you’ve got to learn these lessons whether you want to or not! But just take a look at the class ahead of you, and remember that, in a little while, you will feel as glad to be here as they are!”
Ultimately, America’s “imperial problem” was solved by the Supreme Court in a series of blatantly racist decisions known as the Insular Cases.
In 1901, in the leading Insular Case of Downes v. Bidwell, the Court considered the question of whether the Constitution’s requirement that all taxes and duties be uniform “throughout the United States” applies in Puerto Rico. The Court decisively answered that no, the taxation provision—and the Constitution more generally—does not apply in Puerto Rico. In the Court’s view, applying the Constitution in Puerto Rico would lead to an absurd result: It would mean that territorial inhabitants, whether “savage or civilized” would be “entitled to all the rights, privileges and immunities of citizens.” This could not be. Clearly, the “alien races” of the territories did not deserve the benefits of “Anglo-Saxon principles of government.”
Based on this racist logic, the Court went on to set out what has come to be known as the doctrine of territorial incorporation. In short, the doctrine provides that it is up to Congress to decide whether and to what extent the Constitution applies in territories. If Congress chooses to “incorporate” a territory, like Hawai’i, the Constitution automatically applies in full. But in unincorporated territories, like Puerto Rico and Guam, people do not enjoy Constitutional protections unless and until Congress chooses to extend them.
Twenty years later, the Court qualified that territorial inhabitants are entitled to certain “fundamental rights,” but what exactly this means remains uncertain. What is clear is that these “fundamental rights” are something less than those enshrined in the Bill of Rights. For example, territorial inhabitants likely do not enjoy 14th Amendment birthright citizenship. Puerto Ricans and Guamanians are citizens because Congress has given them this status legislatively. But the people of American Samoa, another U.S. territory, are not citizens because Congress has never extended them this status (and many American Samoans feel they are better for it). And, of course, territorial inhabitants do not have the right to voting representation in Congress or the right to vote for their commander in chief.
Grounded in racist notions, all of these restrictions are a product of the territories’ colonial status. In the words of the Supreme Court, unincorporated territories are “appurtenant,” “belonging to but not a part of” the United States.
To this day, the racist doctrine announced in Downes v. Bidwell and its progeny has been upheld and defended by the Supreme Court and every presidential administration (yes, even Obama) as an appropriate framework for administering the territories. It was on the basis of this racist doctrine that, in 2016, the Supreme Court held that territories, unlike states (and even Indian tribes) have no independent sovereignty. Rather, they are legally considered to be under the total dominion of the federal government.
This illustration by cartoonist Clifford Berryman appeared in the Washington Post on March 9, 1900. It comments on debates ongoing at the time concerning whether Puerto Rico should be governed by the U.S. Constitution. Ultimately, as the image suggests, the Supreme Court settled the debate by declaring that unless and until Congress chooses to incorporate the territories, the Constitution does not follow the flag there. Instead, the territories belong to but are not part of the United States.
The Court in Downes intimated that territories cannot be allowed to remain in this colonial limbo indefinitely. It would be a “violation of duty under the Constitution,” the Court explained, for the United States to “permanently hold territory which is not intended to be incorporated.” And yet, over 100 years later, this is precisely what the U.S. appears to be doing.
Though the Philippines and Cuba gained independence, Puerto Rico and Guam, along with the other inhabited territories—American Samoa (annexed 1901), the Virgin Islands (annexed 1921), and the Commonwealth of the Northern Mariana Islands (administered by the U.S. as part of the Trust Territory of the Pacific Islands from 1946 until it became an unincorporated territory in 1978)—continue to exist in their liminal, unincorporated space: Unable to exercise sovereignty yet unrepresented in the government of their colonizer. Exploited to assert American military and economic hegemony, yet largely outside the consciousness of the general American public. “Foreign in a domestic sense.”
These graphics depict the U.S. territories and dependencies. In the top image, Washington D.C. is crossed out because, unlike the other areas depicted, D.C. is within the ordinary U.S. Constitutional order. In addition to the five inhabited territories, also depicted are the uninhabited territories (Midway Islands, Navassa, Johnston Atoll, and Palmyra Atoll) as well as the Freely Associated States (the Marshall Islands, Palau, and the Federated States of Micronesia).
I’ll say it again. Puerto Rico is not like D.C. Puerto Rico is a colony.
The remedy to colonization is not statehood, but self-determination—the right to be free from alien domination. Recognized as a jus cogens norm of international law, self-determination is a prerequisite to the full enjoyment of all other human rights. Self-determination means allowing the people of Puerto Rico, and of each of the other territories, to decolonize as they see fit—whether by seeking statehood, independence, or some other status.
In no case should statehood be treated as the only just or appropriate outcome for the territories. Look at the fate of Hawai’i. Statehood was foisted on the Kingdom of Hawai’i against the majority will and in service of a white, capitalist oligarchy. To this day, the incorporation of Hawai’i into the Union makes pursuit of native Hawai’ian decolonization nearly impossible.
Claims that Puerto Rico “deserves” statehood ignores the reality that it is a U.S. colony and that Puerto Ricans did not ask to be a “part” of this country (empire) in the first place. And using Puerto Rico as a political chip to be cashed in for more democratic votes—particularly without understanding the territory’s status—is more of the same colonial violence. Puerto Rico should not be made into a state in service of an American political party, or even in service of American democracy. If Puerto Rico becomes a state, it should be because Puerto Ricans say so.
In this moment, when the movement to dismantle systemic injustice seems to be at a zenith, perhaps we should try a new rallying cry:
“Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands should be liberated from colonial rule. Pass it on.”
By: Autumn Bordner Title: D.C. and Puerto Rico are not the same. Sourced From: legal-planet.org/2020/06/29/dc-and-puerto-rico-are-not-the-same/ Published Date: Mon, 29 Jun 2020 16:00:32 +0000
Maida Law Firm - Auto Accident Attorneys of Houston
(Houston's Most Trusted Law Firm for Car Accident Settlements)
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The new Porsche 911 Targa
https://www.youtube.com/watch?v=hBdZMDR2Xjc
Modern yet timeless. Intense yet safe. Unique yet recognisable.
Standing apart from the crowd since 1965 - the new 911 Targa maintains its independent spirit and cult design, while continuing to forge its own path. Here’s to a popular individualist that attracts admiring glances, whatever the weather.
#TimelessMachine #TargaPointOfView
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911 Targa 4: Fuel consumption combined: 9,8 l/100 km; CO2 emissions: 223 g/km.
911 Targa 4S: Fuel consumption combined: 9,9 l/100 km; CO2 emissions: 227 g/km.
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*Weitere Informationen zum offiziellen Kraftstoffverbrauch und den offiziellen spezifischen CO2-Emissionen neuer Personenkraftwagen können dem 'Leitfaden über den Kraftstoffverbrauch, die CO2-Emissionen und den Stromverbrauch neuer Personenkraftwagen' entnommen werden, der an allen Verkaufsstellen und bei und bei der Deutschen Automobil Treuhand GmbH unter http://www.dat.de/?sf118523178=1 unentgeltlich erhältlich ist
By: Porsche Title: The new Porsche 911 Targa Sourced From: www.youtube.com/watch?v=hBdZMDR2Xjc
Health conscious consumers today are disoriented and impeded. Their email and Facebook pages are filled with unconventional nonsense and often outright myths. At the same time, they're aware that spectacular innovations are being made in precautionary and regenerative medical care.
In 2048, 11 million Americans (including Stephen) will observe their 100th birthday. But we all will be somewhere in 30 years. The issue is whether you will roll in at 2048 with a vigorous fit figure and a sharp, creative mind.
My2048 mixes the academic and research expertise of an internationally celebrated biochemist with the scientific insights of a double board qualified physician concentrating in anti-aging.
No Hype. No Webaloney - Stephen and Natalie are known as The Healthy Skeptics, and their informative site, TheHealthySkeptics.com, is devoted to showing consumers what to EXPLORE and what to IGNORE. Their Nutrition Detective course, instructed at a UCLA extension course for nurses, has helped thousands of health seekers to separate the fads from the facts, and make truly informed choices.
There are only 24 hours in a day. If you lose your quality time following fads and elusions, you are going to miss the true advances. Of course, you're also going to exhaust funds. That's unfortunate, but not essential because you can always make more money. The real issue is time. You can't generate more time. Thus My2048.com is dedicated to giving you everything you need to know, and everything you need to do in order to reach and preserve peak health in body and mind."
Stephen Cherniske and Dr. Natalie Kather are your Nutritional biochemist & & M.D. Your personal biomedical crew! Analysis, Knowledge and playfulness. Explore or Ignore!"
Stephen Cherniske, M.S - A biochemist and retired college instructor in Clinical Nutrition. He served on the faculty of the American College of Sports Medicine, advised members of the US Olympic team, and directed the nation's first federally licensed clinical laboratory specializing in diet and immunology. A best-selling author with more than a million copies in print, Stephen has an astonishing gift for conveying breakthrough science that inspires, enthralls and inspires.
Natalie Kather, M.D - She earned her medical degree from The University of Utah School of Medicine. She is board-certified in Family Medicine, as well as Anti-aging, with specializations in women's health, hormone balancing and human performance. Natalie is recognized as a pioneer in the emerging science of metabolic medicine, and frequently serves as Principal Investigator for clinical trials in that arena. Her clinic, Advanced Family Wellness, is located in Olympia Washington, where she lives with her spouse, Stephen Cherniske.
How Do I Receive Compensated for My Injuries After a Vehicle Accident?
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Call The Maida Law Practice. Auto Mishap Attorneys of Houston.
We Provide a Free Appointment. Call Today 713-785-9484. Hablamos español. Consultas gratis.
Maida Law Firm - Auto Accident Attorneys of Houston 8313 Southwest Freeway #102 Houston,TX,77074 (713) 785-9484 WEB: https://gmbp.in/ul/5ee3c87c50901 MAP: https://gmbp.in/ul/5ee3c8871b2c3 #Houston #Attorneys #Lawyers #PersonalInjury #AutoAccidents #TruckAccidents #HoustonLaw #Settlements #DUI
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Trump’s Border Wall, the Ninth Circuit Court of Appeals and Separation of Powers
https://legal-planet.org/2020/06/28/trumps-border-wall-the-ninth-circuit-court-of-appeals-and-separation-of-powers/
President Trump at Border Wall in Yuma, AZ (June 2020) photo: voanews.com
Late last week, the U.S. Court of Appeals for the Ninth Circuit struck down the Trump Administration’s attempted diversion of $2.5 billion in federal funds Congress had appropriated for the Department of Defense. The Trump Administration did so in order to finance President Trump’s proposed, controversial border wall at a level Congress had expressly declined to approve. That diversion, ruled the appellate court, violates the Appropriations Clause of the U.S. Constitution and is therefore invalid.
The Court of Appeals decisions are the latest chapter in a long-running political and legal battle involving all three branches of the federal government. The litigation seems destined ultimately to be resolved by the U.S. Supreme Court.
The origins of the Sierra Club and State of California litigation date back to 18 months ago and can be briefly summarized as follows:
In late 2018, President Trump asked Congress to appropriate over $7 billion to underwrite his 2016 campaign pledge to build a 400-mile wall along the U.S.-Mexican border designed to reduce illegal immigration;
In February 2019, Congress declined to fund anywhere near the full amount sought by the Trump Administration, instead appropriating $1.4 billion for that purpose.
Declaring himself “not happy” with the $1.4 billion appropriation, President Trump a day later declared a national emergency to address what he deemed to be an immigration crisis. Relying on that declaration, Trump announced plans to divert $2.5 billion in previously-appropriated Department of Defense program funds, and an additional $3.6 billion in congressionally-approved Pentagon construction funds–thus assembling the full requested level of funding for border wall construction that Congress had expressly refused to authorize.
Numerous private and public parties including environmental organizations, states and the U.S. House of Representatives immediately responded by filing a flurry of lawsuits against the Trump Administration, challenging the legality of the Administration’s attempted diversion of the congressionally-appropriated DOD funds on separation-of-powers grounds. In California, a coalition of environmental organizations including the Sierra Club and a group of 20 “blue” states led by California launched parallel lawsuits against the Trump Administration, arguing that the $2.5 billion in diverted Pentagon program funds was unconstitutional.
In early July 2019, a federal district court judge agreed that the attempted diversion of those DOD funds was illegal, and issued an injunction barring the Trump Administration’s use of the $2.5 billion for border wall construction. The Trump Administration immediately appealed the cases to the Ninth Circuit Court of Appeals.
Ninth Circuit Court of Appeals Courthouse, San Francisco, CA
Fast forward to last week, when the Ninth Circuit issued its parallel decisions on the merits in the Sierra Club and State of California cases. The Court of Appeals panel upheld the district court ruling that the Trump Administration’s unilateral diversion of the $2.5 billion was unconstitutional. Writing for the panel’s 2-1 majority, Chief Circuit Judge Sidney Thomas stressed that “the straightforward and explicit command” of the Constitution’s Appropriations Clause “means simply that no money can be paid out of the [U.S.] Treasury unless it has been appropriated by an act of Congress.” The Appropriations Clause, noted Chief Judge Thomas, is a key component of separation of powers principles embedded in the Constitution. Reviewing Congress’ February 2019 DOD appropriations legislation, the Court of Appeals concluded the Trump Administration’s attempted diversion of DOD funds for border wall construction was unconstitutional:
The Executive Branch lacked independent constitutional authority to authorize the transfer of funds. These funds were appropriated for other purposes, and the transfer amounted to drawing funds from the Treasury without authorization by statute and thus violating the Appropriations Clause.
So what happens now?
The Trump Administration will undoubtedly seek U.S. Supreme Court review of the adverse Ninth Circuit rulings in the Sierra Club and State of California cases. And it may very well be successful in that effort. That’s because, in a separate case challenging the Administration’s related diversion of $3.6 billion in appropriated DOD construction funds, the U.S. Court of Appeals for the Fifth Circuit in January 2020 lifted a district court injunction that had barred the use of those funds for border wall purposes. So there now exists a split between the Fifth and Ninth Circuits. Circuit splits are the most common reason the Supreme Court grants review. And the justices already signaled their interest in the Ninth Circuit cases last summer, when they lifted the earlier district court injunction barring diversion of the $2.5 billion in DOD program funds.
Meanwhile, the Trump Administration will doubtless continue spending the $2.5 billion in contested DOD appropriated funds in an effort to fulfill its longstanding campaign pledge to build 400 miles of new border wall before the November 2020 general election. That’s because the Supreme Court’s July 2019 order expressly permits the Trump Administration to do just that until the case is finally concluded either in the Ninth Circuit or (more likely) in the Supreme Court.
Finally, of course, the future course of this litigation could–and likely will–change dramatically if President Trump loses his reelection bid in November and Joe Biden becomes president in January 2021.
By: Richard Frank Title: Trump’s Border Wall, the Ninth Circuit Court of Appeals and Separation of Powers Sourced From: legal-planet.org/2020/06/28/trumps-border-wall-the-ninth-circuit-court-of-appeals-and-separation-of-powers/ Published Date: Mon, 29 Jun 2020 05:29:34 +0000
Maida Law Firm - Auto Accident Attorneys of Houston
(Houston's Most Trusted Law Firm for Car Accident Settlements)
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Virtual world premiere: The new Porsche 911 Targa
https://www.youtube.com/watch?v=ZmMLsKdOz9I
World premiere for an iconic model: The latest generation of the Porsche 911 Targa makes its debut in the virtual world. Product line director Frank-Steffen Walliser shows what the new 911 Targa has in store: Design, innovations, colors, connectivity—and the legendary Targa roof. Plenty to whet the appetite for the first real-life encounter with the open-air Porsche…
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911 Targa 4S: Fuel consumption combined: 9,9 l/100 km; CO2 emissions: 227 g/km.
Follow Porsche on Instagram: https://porsche.click/2R1FOPM
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*Weitere Informationen zum offiziellen Kraftstoffverbrauch und den offiziellen spezifischen CO2-Emissionen neuer Personenkraftwagen können dem 'Leitfaden über den Kraftstoffverbrauch, die CO2-Emissionen und den Stromverbrauch neuer Personenkraftwagen' entnommen werden, der an allen Verkaufsstellen und bei und bei der Deutschen Automobil Treuhand GmbH unter http://www.dat.de/?sf118523178=1 unentgeltlich erhältlich ist.
By: Porsche Title: Virtual world premiere: The new Porsche 911 Targa Sourced From: www.youtube.com/watch?v=ZmMLsKdOz9I
In an Executive Order issued last Thursday, Trump told agencies to use emergency waivers to avoid environmental safeguards. The Order is legally shaky and unlikely to accomplish much. Still, it provided a nice photo op. Maybe he should have signed it in front of a church.
I’ll talk later about the specifics, but first I’d like to explain why this will probably have less impact than you might think. Like many of Trump’s executive orders, there’s more smoke here than fire.
The Executive Order begins by saying that Trump has declared the coronavirus to be a national emergency, that social distancing has caused a severe recession, and that regulations shouldn’t get in the way of a speedy economic recovery. Notably, the Order does not say that there is an economic state of emergency; it defines the term “the emergency” to refer to the coronavirus outbreak. The Order then directs agencies to use existing emergency provisions to expedite infrastructure projects. In other words, it tells agencies to take actions that they could have taken on their own anyway. A tweet or a phone call would have had the same effect as a formal executive order.
There will be predictable legal challenges to agency actions carrying out the order. The existing agency waiver provisions are based on the need for fast action in an emergency. Trump did reluctantly declare a national emergency involving the coronavirus. It seems like a real stretch to call building an oil pipeline part of the emergency response to the coronavirus, just because the public health response to the coronavirus caused a recession.
There will also be arguments that agencies acted arbitrarily in how they applied existing waiver provisions in specific cases. These provisions generally don’t provide complete excuses to ignore legal requirements; they merely allow the agency to loosen the requirements. There will be disputes about whether an agency loosened the requirement too much in a particular situation.
Mandating short-cuts at the agency level may temporarily speed things up, but those short-cuts may cause greater delays when the inevitable lawsuits are filed. Short-cut procedures reduce the agency’s ability to compile a formal administrative record and a careful explanation of its actions. That may cause complications in litigation, such as the need for discovery to determine what information the agency actually considered. It can also lead to calls to reopen the record so that the agency or the court can consider additional information. In the end, no time may be saved.
The legal uncertainties may make businesses reluctant to rely on these emergency waivers. That may be particularly true given the risk that, even before construction can begin, there might be a “new sheriff in town” in the form of Joe Biden. Biden would likely withdraw all the waivers. In the end, the Executive Order may not do much to expedite infrastructure projects. The upside is that it also may not do much to harm the environment.
Now let’s turn to the specific statutes. I agree with Holly Doremus’s post that the legal basis for Trump’s order is shaky. The following comments build on her incisive critique.
The National Environmental Policy Act (NEPA). NEPA is the law that requires agencies to write environmental impact statements. A regulation issued by the White House Council on Environmental Quality (CEQ) covers emergencies. It provides:
Where emergency circumstances make it necessary to take an action with significant environmental impact without observing the provisions of these regulations, the Federal agency taking the action should consult with the Council about alternative arrangements. Agencies and the Council will limit such arrangements to actions necessary to control the immediate impacts of the emergency. Other actions remain subject to NEPA review.
Although the CEQ’s instructions on complying with NEPA are called regulations, CEQ does not actually have the power to issue binding rules. So it’s really issuing guidelines. CEQ’s interpretation of the emergency guideline will get some deference from a court, but not as much as if it were a legally binding regulation.
It’s not at all clear that the guideline applies to the situation described by the President anyway. It includes only “actions to control the immediate impacts of the emergency.” The emergency declared by the President is the coronavirus, not the recession. The macroeconomic effects of public health measures to respond to a disease don’t seem like a “immediate impact” of the disease. Not unless “immediate” means something like “indirect and possibly removed in space and time.”
In addition, the CEQ guideline contemplates that the agency will make “alternative arrangements.” So presumably there would be judicial review of whether the alternative arrangement was satisfactory, given the circumstances. The agency would have to explain why it was “necessary” to eliminate the normal environmental impact statement and why the particular alternative arrangement was the best it could do.
The Endangered Species Act (ESA). Oddly, the Executive Order refers to but does not cite the regulation under the ESA dealing with emergencies. Perhaps the drafters were in too much of a rush to look it up. Or maybe they were hoping to hide how poorly the ESA regulation fits this situation.
The first part of the ESA regulation reads as follows:
(a) Where emergency circumstances mandate the need to consult in an expedited manner, consultation may be conducted informally through alternative procedures that the Director determines to be consistent with the requirements of sections 7(a)-(d) of the Act. This provision applies to situations involving acts of God, disasters, casualties, national defense or security emergencies, etc.
I guess a pandemic qualifies under the “etc.” in the final sentence. But does the pandemic itself “mandate the need to consult in an expedited manner,” where the need relates to an economic situation flowing indirectly from the pandemic? That seems debatable.
Moreover, you’ll note that only the consultation requirement is affected. The agency’s core legal responsibility to avoid any action that would jeopardize an endangered species remains fully in effect. Shortcutting the consultation process may only result in more legal trouble when the ill-informed agency tries to move forward with the project.
Moreover, the exemption given by this part of the language is only temporary. The remaining section of the regulation provides that “formal consultation shall be initiated as soon as practicable after the emergency is under control.” Unless the infrastructure project moves very quickly, the agency is going to have to go through the whole process anyway. That means that the exemption has limited value.
The Clean Water Act (CWA). The waiver here relates to the regulations dealing with dredging and filling. The Executive Order refers to the existence of an emergency regulation without citation to the particular regulation in question. (Don’t they have any lawyers at the White House? A law student would get slapped down for that sloppiness.) The situation described by the Executive Order doesn’t seem to apply to the Army Corps’regulation. The regulation regulation speaks of a situation that would occur if “corrective action” generally requiring a permit is not undertaken quickly. For instance, if a levee isn’t repaired quickly, it might result in a flood. It would be pretty hard to say that building an infrastructure project to stimulate the economy is a “corrective action” to the coronavirus.
Even if the Army Corps provision applies at all, it provides only limited relief from procedural requirements. The regulation goes on to say:
Even in an emergency situation, reasonable efforts will be made to receive comments from interested Federal, state, and local agencies and the affected public. Also, notice of any special procedures authorized and their rationale is to be appropriately published as soon as practicable.
* * * *
In summary, it seems quite unclear whether the emergency provisions invoked by the Executive Order really apply in this situation. It’s also unclear that using those provisions will actually do anything to speed up infrastructure projects. Thus, the Executive Order seems like little more than a “tale . . . full of sound and fury, signifying nothing.” Perhaps that’s an overstatement — the Executive Order may succeed in causing a bit of mischief. But mostly it’s an exercise in blowing smoke.
The Soul Journey – Day 2: Design
https://www.youtube.com/watch?v=TiB-Jt3hej8
Evolving traditions. Timeless Designs and a vision coming to life. Watch Day 2 of the 5-episode Soul Journey with Aseel Al Hammad and Mark Webber as they discover Masdar City in the all-electric Taycan.
#SoulElectrified #Taycan #TheSoulJourney #Porsche
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Electricity consumption combined: Taycan Turbo S: 26,9 kwh/100 km; CO2 emissions combined: 0 g/km
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*Weitere Informationen zum offiziellen Kraftstoffverbrauch und den offiziellen spezifischen CO2-Emissionen neuer Personenkraftwagen können dem 'Leitfaden über den Kraftstoffverbrauch, die CO2-Emissionen und den Stromverbrauch neuer Personenkraftwagen' entnommen werden, der an allen Verkaufsstellen und bei und bei der Deutschen Automobil Treuhand GmbH unter http://www.dat.de/?sf118523178=1 unentgeltlich erhältlich ist.
By: Porsche Title: The Soul Journey – Day 2: Design Sourced From: www.youtube.com/watch?v=TiB-Jt3hej8
What Are one of the most Typical Types of Log Truck Accident Situations?
Semi-trucks, buses, delivery vans, tractor-trailers and fuel trucks are among the most usual business lorries involved in truck crash legal actions. Parties that have actually been hurt as an outcome of a big rig collision will commonly sue and also start a legal action alleging that carelessness took place on the part of the vehicle vehicle driver and/ or firm and also triggered the accident as well as injuries.
Call The Maida Law Practice. Auto Accident Attorneys of Houston.
We Provide a Free Consultation. Call Today 713-785-9484. Hablamos español. Consultas gratis.
Maida Law Firm - Auto Accident Attorneys of Houston 8313 Southwest Freeway #102 Houston,TX,77074 (713) 785-9484 WEB: https://gmbp.in/ul/5ee3c87c50901 MAP: https://gmbp.in/ul/5ee3c8871b2c3 #Houston #Attorneys #Lawyers #PersonalInjury #AutoAccidents #TruckAccidents #HoustonLaw #Settlements #DUI
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A Whole New Amuletic World with Hall of Ancient Egypt Curator
http://blog.hmns.org/2020/04/a-whole-new-amuletic-world-with-hall-of-ancient-egypt-curator/
By: Tom Title: A Whole New Amuletic World with Hall of Ancient Egypt Curator Sourced From: blog.hmns.org/2020/04/a-whole-new-amuletic-world-with-hall-of-ancient-egypt-curator/ Published Date: Tue, 07 Apr 2020 15:15:57 +0000
A Whole New Amuletic World with Hall of Ancient Egypt Curator
http://blog.hmns.org/2020/04/a-whole-new-amuletic-world-with-hall-of-ancient-egypt-curator/
By: Tom Title: A Whole New Amuletic World with Hall of Ancient Egypt Curator Sourced From: blog.hmns.org/2020/04/a-whole-new-amuletic-world-with-hall-of-ancient-egypt-curator/ Published Date: Tue, 07 Apr 2020 15:15:57 +0000
The Scourge of ERRD-16
https://legal-planet.org/2020/06/24/the-scourge-if-errd-16/
A stubborn disagreement. A misguided tweet or facebook post. A lame remark. Those things can be normal behaviors. But they could be signs of something much more serious: a syndrome called Evidence-Resistant Reasoning Disorder or ERRD-16. This disorder has expanded explosively since a mutated form was introduced by a super-spreader in 2016.
This super-spreader is thought to have transmitted the disease directly or indirectly to tens of millions of Americans, including many in Congress. The super-spreader’s symptoms remain the gold standard for diagnosing ERRD-16. Within a relatively short period of time, the super-spreader transmitted contagious statements such as the following to 42% of the U.S. population:
Climate change is a Chinese hoax.
President Obama was born in a foreign country.
COVID-19 infection can be cured with an anti-malaria drug.
Windmills cause cancer.
The Paris Accord would have cost the U.S. “trillions and trillions of dollars.”
The coronavirus is no more dangerous than ordinary flu.
As of mid-April, this patient had spread a remarkable 18,000 provable falsehoods in little more than a thousand days. Many took hold in the brains of the recipients and spread to yet others. Despite aggressive forms of treatment, these falsehoods resist correction through even the most powerful factual evidence or analysis.
Some experts theorize a weaponized form of ERRD-16 escaped from a Russian cyber warfare lab. Others are skeptical, positing a domestic U.S. origin somewhere in the mid-town area of Manhattan. The mechanism behind the disease is also mysterious. Some experts believe that an overdose of misinformation damages the fact receptors in the brain. Others blame memes that interfere with the unfolding of new ideas. For unknown reasons, some subpopulations seem especially vulnerable to this disorder.
Experts have no idea when, or if, a treatment or vaccine for ERRD-16 will be available. Until, they advise social-media distancing from sources of infection.
By: Dan Farber Title: The Scourge of ERRD-16 Sourced From: legal-planet.org/2020/06/24/the-scourge-if-errd-16/ Published Date: Wed, 24 Jun 2020 14:58:12 +0000
Maida Law Firm - Auto Accident Attorneys of Houston
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![](https://legal-planet.org/wp-content/uploads/2020/06/10kMiles-1024x736.jpeg "Artist's signature not legible; attributed to "Philadelphia Press" / Public domain")
