Law

Selfishness, greed, hypocrisy and political corruption destroy the Delta

Submitted: Jan 02, 2009
By: 
Bill Hatch

12-22-08
Merced Sun-Star editorial

 

...How can we judge if California is taking more water from the delta and its watershed than they can handle?
Consider the evidence: Smelt are at the brink of extinction. Other species, such as salmon, are in serious peril. Federal courts are using the hammer of the Endangered Species Act to deliver a blunt message about the entire ecosystem.
Dry years, when cities and farms suck more from the delta than they do during more rainy times, are especially tough for these species. During wet years, 87 percent of the water entering the delta makes it out to the San Francisco Bay. During dry years, the figure drops to 51 percent.
If California is to have any hope of restoring the delta and avoiding clashes with federal judges, it must develop a water plan that reduces its dependence on this estuary and strives for greater reliability.
What would this plan look like?
To begin with, it must be grounded in reality. Water contracts based on dated premises must be renegotiated, and efficiency should be the law of the land.
Each region of the state -- including Sacramento and the San Joaquin Valley -- must find ways to reduce what it takes from the delta and its watershed. And environmental groups must recognize that not every species will be restored to its population predating the Gold Rush...

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Blago the Terrible and other stories

Submitted: Dec 13, 2008
By: 
Bill Hatch

Blago the Terrible and other stories

“I got this thing, and it’s (bleeping) golden. … You just don’t give it away for nothing,” (Illinois Governor Rod Blagojevich) said, according to a criminal complaint filed by U.S. Attorney Patrick Fitzgerald.

“Then he (Obama) just laid out an economic analysis (for his 2004 US Senate campaign). It becomes about money, because he knew that if people knew his story they would view him as a better candidate than anybody else he thought might be in the field. And so he said, ‘Therefore, if you raise five million dollars, I have a fifty-per-cent chance of winning. If you raise seven million dollars, I have a seventy-per-cent chance of winning. If you raise ten million dollars, I guarantee victory.” (New Yorker, July 21, 2008)

Blagojevich is correct: the bleeping Senate-seat appointment is worth quite a bit more than any of the recorded or suspected offers for it. Even shaving Obama's $10 million down to $9 million, Jesse Jackson Jr.'s alleged offer of $1 million for the last two years of Obama's Senate term is a clear savings to plutocrat investors in politicians of $2 million in the middle of a bad recession. Later, the incumbent advantage might be worth as much as $3 or $4 million more. It just makes sense.

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Tri-Valley CAREs sues the Lab on FOIAs

Submitted: Dec 13, 2008
By: 
Badlands Journal editorial board

for immediate release, December 2, 2008
 

for more information, contact:

Robert Schwartz, Staff Attorney, Tri-Valley CAREs, (925) 443-7148
Marylia Kelley, Executive Director, Tri-Valley CAREs, (925) 443-7148

BAY AREA GROUP SUES TO COMPEL OPEN GOVERNMENT, ENFORCE PUBLIC RIGHT TO KNOW:

LIGITIGATION CHARGES PATTERN OF ABUSE, HAS NATIONAL IMPLICATIONS

 

LIVERMORE, CA - This morning, Tri-Valley CAREs filed a lawsuit in federal district court in San Francisco against the U.S. Department of Energy (DOE) and its National Nuclear Security Administration (NNSA). The suit alleges numerous violations of the Freedom of Information Act (FOIA), the nation's key open government law enacted to ensure public access to federal government records.

Tri-Valley CAREs was forced to pursue litigation after DOE and NNSA failed to respond to six, separate FOIA requests within the 20-day timeframe generally required under the statute. By forcing Tri-Valley CAREs to wait up to 18 months and longer with no substantive response, DOE and NNSA have not only violated the law but greatly diminished the value of the information sought, which often becomes less relevant over time.

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The corruption complex in Merced

Submitted: Dec 08, 2008
By: 
Badlands Journal editorial board

“In a government of law, the existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for the law; it invites every man to become a law unto himself; it invites anarchy.” -- US Supreme Court Justice Louis Brandeis, 1856-1941

12-5-7-08
CounterPunch.com
How Washington Arrogance Helped Drive the Mumbai Attacks
Muslim Revolution
By PAUL CRAIG ROBERTS
http://www.counterpunch.com/roberts12052008.html

We were deeply struck by this ancient theme -- that the polis is the teacher of its citizens -- because it is as true now as it has always been.

But, what of that other institution so terribly important to the education of our citizens and others, our universities, specifically "the greatest public higher education research institution in the world" ... (listen to those trumpets blare) ... the University of California?

Is UC a good teacher?

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C-WIN, CSPA File Suit to End Wasteful Delta Diversions, Protect Public Trust Resources

Submitted: Dec 01, 2008
By: 
Badlands Journal editorial board

 

For information:
Carolee Krieger, Executive Director and Board President, California Water Impact Network, (805) 969-0824,
caroleeekrieger@cox.net
Bill Jennings, Chairman, California Sportfishing Protection Alliance, (209) 464-5067, (209) 938-9053 (cell),
deltakeep@aol.com
Michael Jackson, Counsel, California Sportfishing Protection Alliance, and Board Member, California Water
Impact Network, (530) 283-0712, mjatty@sbcglobal.net
For a copy of the complaint filed in Sacramento Superior Court, see www.c-win.org or www.calsport.org.

Calling it “the biggest lawsuit about the biggest ecological and legal catastrophe in California today,” the California Water Impact Network (C-WIN) and the California Sportfishing Protection Alliance (CSPA) filed suit in Sacramento Superior Court Friday, November 28, 2008, to protect Delta public trust resources—including endangered migratory fisheries of salmon and open water fish species—and to end wasteful and unreasonable diversions of water from the Delta by big state and federal water projects.

The suit also asks the court to halt irrigation of several hundred thousand acres of selenium contaminated lands on the west side of the San Joaquin Valley, the drainage from which pollutes wetlands, the San Joaquin River, and the Delta.

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An unfortunate "community" column

Submitted: Nov 14, 2008
By: 
Badlands Journal editorial board

Catching up on his newspaper reading, one member of the Badlands Journal editorial board noticed this advertisement for the UC/Great Valley Center couched innocuously in the "community columnists'" section of Modesto's McClatchy Chain outlet.


11-05-08
Modesto Bee

But Suppose for the sake of argument the anti-science rant about the causes of global warming is correct. Let's agree that the consumption of carbon-based fuels has nothing to do with the recent worldwide rise in temperatures.
And lest we think...Eric Caine

http://www.modbee.com/opinion/community/story/488013.html

Instant communication, jet-speed transportation and the global economy have shrunk the world in ways unimaginable only a few years ago. Nations are now connected the way counties and states used to be, and counties can no longer be thought of as fiefdoms where planning decisions have only short-range effects.

More than 20 years ago a few valley citizens, including Modesto's own Carol Whiteside, began realizing the valley is a region. They acknowledged our eminence in agriculture and also began to recognize the value of our grasslands, rivers, wetlands and riparian forests. Together, they began promoting a vision of the valley that planned for growth while preserving the world's best farmland and protecting our rivers and delta.

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Now let us hope and get down to work

Submitted: Nov 08, 2008
By: 
Bill Hatch

Here in Merced, the Obama campaign was as invisible to the general public as the on-going immigration raids. Obama-Biden lawn signs were greatly outnumbered by For Sale and For Rent signs in this national foreclosure-rate capital. Our local Democratic Party is dominated by a Blue Dog congressman and his plutocrat paymasters and has no community
credibility. We did however notice frequent email invitations to local phone-bank events, where people here would call to help get the vote out in the battleground states.

In any event, Obama wasn’t paying much attention to Merced. California is a very blue state, it performed as expected, and Obama was taking care of business where he needed to be to win his campaign.

Yet his campaign achieved something unimaginable: it elected an African-American to the presidency of the United States of America. Its coalition of youth, people of color, progressives, the anti-war movement, low-income Americans and others, won  the election. It was able to take advantage of the economic disaster. It found another political center, in fact it had to find and empower that new center to win.

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Wild steelhead win in Fresno Federal District Court

Submitted: Oct 30, 2008
By: 
Badlands Journal editorial board

10-28-08
Fresno Bee
Fish policies upheld in court ruling
Judge says feds have steelhead discretion...John Ellis
http://www.fresnobee.com/local/v-printerfriendly/story/967296.html
A federal judge in Fresno ruled Monday that the U.S. government has discretion to recognize differences in steelhead fish populations when determining whether they are eligible for listing under the Endangered Species Act.
U.S. District Judge Oliver W. Wanger issued a 168-page ruling on two challenges to how the National Marine Fisheries Service viewed California's steelhead populations.
One case challenged the government's practice of counting hatchery steelhead populations separately from wild populations.
The Pacific Legal Foundation had argued that Endangered Species Act listing decisions could be based on the numbers of hatchery steelhead produced each year. Based on that, the foundation had asked the court to remove five separate populations of steelhead from the list of endangered species.
In his decision, Wanger wrote that the "best science available" used by the NMFS "strongly indicated that naturally-spawned and hatchery-born [steelhead] are different."

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Anatomy of a foreclosure

Submitted: Oct 27, 2008
By: 
Badlands Journal editorial board

In the late 1990s, an entrepreneurial mechanic with a wife and one child bought a house for $65,000 with a down payment of $1,500 and took a fixed-rate FHA mortgage. His wife, a beautician, got a job as a clerk at a discount store. In the midst of the speculative real estate boom in Merced six years later, with three children now and a warehouse job, he took out an equity loan for $126,000, did some remodeling on the exterior (new stucco, paint, new lawn turf, foam sculpture), bought furniture, a big-screen TV and a nearly new Cadillac Escalade. It is estimated that about $35,000 went for the home improvements and goods. Where did the other $91,000 go? It didn’t go into the property. Why wasn’t the equity loan monitored for home improvements? 

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What if?

Submitted: Oct 14, 2008
By: 
Badlands Journal editorial board


The local McClatchy Chain outlets blared the good news this morning that the stock market rebounded yesterday. Hot damn! Today the Dow lost 110 points, the S&P 500 lost 1.2 percent and the Nasdaq composite lost 3.5 percent.

We didn't notice the list of foreclosure announcements was any shorter in the Merced Sun-Star. Yesterday, in fact, we noticed that the Sun-Star's publisher had received a notice on his $507,000 home in McSwain. Evidently, we’ve had a real estate speculator running the paper during most of the boom. Mr. Vander Veen must have believed the propaganda he has been publishing.

The only politician calling for a moratorium on foreclosures is Barak Obama, also the best funded presidential candidate. However, here in Merced, an Obama lawn sign from the campaign office is reported to cost $10, and a tee shirt, $25. Blue Dog idiocy at the wheel as usual.

Maryland's newest Blue Dog congressman, Dennis Cardoza, Shrimp Slayer-formerly Merced, ought to stop down at the old U of M and have a chat with Herman Daly, a distinguished economist recently retired from the World Bank to the university department that once fostered the work of Mancur Olson. Olson is important to the Valley because without his theoretical guidance, Brooks Jackson would not have been able to write so clearly his illuminating study, Honest Graft (1990), a seminal, prophetic work on political corruption in Congress that focused on the career of former Rep. Tony Coelho, Michael Milken's Friend-Merced.

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