Saturday, December 10, 2016

18 States Sue Feds Over Expanding 'Critical Habitat' To Areas With No Protected Species

CNSNews

By Barbara Hollingsworth | December 9, 2016 | 5:48 PM EST

(CNSNews.com) – Eighteen states have filed a lawsuit against the federal government over Final Rules that expand the definition of “critical habitat” to include areas that are currently unoccupied by any threatened or endangered species.

The Final Rules, Listing Endangered and Threatened Species and Designating Critical Habitat, which were published in the Federal Register on February 11 and went into effect March 14, expand the definition of “critical habitat” to include areas in which “species presence or habitats are ephemeral in nature, [or] species presence is difficult to establish through surveys (e.g. when a plant’s ‘presence’ is sometimes limited to a seed bank).”

“The Final Rules are an unlawful attempt to expand regulatory authority and control over State land and waters,” argues the multi-state lawsuit, which was filed November 29th in U.S. District Court for the Southern District of Alabama against Interior Secretary Sally Jewell, Commerce Secretary Penny Pritzker, and the National Marine Fisheries and U.S. Fish and Wildlife Services by Alabama Attorney General Luther Strange.

The Final Rules allow the Services to declare areas occupied critical habitat that are not occupied by the species and that could not support the species were it moved there“The Final Rules allow the Services to declare areas occupied critical habitat that are not occupied by the species and that could not support the species were it moved there, on the supposition that one day the essential physical and biological features might develop and the species might return,” according to the lawsuit.

“The ESA [1973 Endangered Species Act] cannot support this interpretation," it added, noting that the Final Rules make it “easier for the Services to designate unoccupied areas critical habitat than it is to designate occupied areas.”

The ESA defines critical habitat as “specific areas within the geographical area occupied by the species at the time it is listed…on which are found those physical or biological features essential to the conservation of the species.”

But the Final Rules would allow the federal government “to designate areas as occupied critical habitat… even when those areas are neither occupied nor contain those features,” thus extending federal authority over areas where there may be only “indirect or circumstantial evidence of occupation ‘during some portion of the listed species’ life history’,” the lawsuit pointed out.

“Under this interpretation, [the federal government] could designate entire States or even multiple States as habitat for certain species” in contravention of congressional intent, the lawsuit maintains.

It would also allow federal agencies “to declare that almost any activity destroys or adversely modifies critical habitat under the theory that such activity might prevent the eventual development of the physical or biological characteristics necessary to support an endangered or threatened species,” the lawsuit argued.

The state attorneys general further argued that the Final Rules will “impede” conservation efforts in their states.

“Statutory and constitutional limitations on the authority of federal agencies protect citizens from the intrusion of the federal government into areas where local knowledge is critical to designing effective rules and policies. The preservation of habitat critical to threatened and endangered species is one of those areas,” they argued.

“By displacing local regulatory authority, the Final Rules impede, rather than advance, efforts to protect endangered and threatened species around the country.”

The Final Rules on critical habitat were made in response to President Obama’s Executive Order 13563, in which he directed federal agencies to update their existing regulations.

"Washington bureaucrats have gone beyond common sense by seeking to expand their control to private property adjoining the habitat of an endangered species solely on the basis that these areas might one day be home to a threatened species," Strange said in a Nov. 29 statement announcing the lawsuit.

“The Obama administration is hiding behind bogus rules to perpetrate land grabs, kill energy projects and block economic development,” Texas Attorney General Ken Paxton, a party to the lawsuit, said.
“This is nothing more than yet another end run around Congress by a president who is desperate to establish his environmental legacy by any means necessary before his time in office ends.”



Thank You Ms Hollingsworth and CNS.

Clinton Aide Hints At Electoral College Mischief

weaselzippers


They’re still campaigning, with recounts and trying to influence (read harass) the electors. That’s the point of all of this.

Via Daily Caller:
Longtime Hillary Clinton aide and former communications director for the Clinton campaign Jennifer Palmieri hinted at possible electoral college mischief in a tweet on Friday after a statement from President-elect Donald Trump seemed to rub her the wrong way.

“Wonder if [Trump] knows that electoral college hasn’t even met yet,” Palmieri tweeted, in the latest indication that Clinton allies may be trying to undermine the legitimacy of Trump’s presidency before the billionaire real estate mogul ever takes office.

Palmieri was triggered by a brief statement from Trump in which the president-elect cast doubt on a Washington Post report that Russia had intervened in U.S. presidential elections for the purpose of getting Trump elected.


Thank You DC and Nick.

Mika Brzezinski Says Clinton Camp Tried To Pull Her Off The Air

Loretta Lynch Plans To Visit Mosque Once Raided In Counter Terrorism Probe

Inauguration Day can't get here fast enough.

weaselzippers


Via Daily Caller:
Attorney General Loretta Lynch will visit a controversial Virginia mosque next week, likely as a response to a recent FBI report that found a spike in anti-Muslim hate crimes in the U.S.

The visit to the All Dulles Area Muslim Society Center (ADAMS) will mark Lynch’s first to a mosque since she took over the Justice Department last year. And that will be one visit more than the number she has paid to a synagogue. That despite there being two-and-a-half times as many hate crimes against Jews reported last year than against Muslims.

No details have been provided about Lynch’s visit or for why ADAMS was chosen.
Keep reading…

Thank You DC and Nick.

Trump Picks Rex Tillerson, CEO Of Exxon For Secretary Of State

weaselzippers


Liberals already flipping out, screaming, ‘Putin! Russia!”. They’ve had Russia influence them for decades, suddenly they have concerns about Russia. 

Ed; uh, yes.
Cash Flowed To Clinton Foundation Amid Russian Uranium Deal

Russia Unveils First Images of Nuclear Missile Capable of Reaching US Soil

The Russians build nukes. We throw money into Mind Control.

Which of these 2 directions bodes Better for the Real World/Real Politikal advancement of either Nation's Interests? 
 

Via The Hill:

President-elect Donald Trump has selected Exxon Mobil CEO Rex Tillerson as his nominee for secretary of State, NBC News reported Saturday.

Tillerson had reportedly jumped to the front of the pack of candidates in recent days, despite not being mentioned on shortlists as recently as last week.

Critics have already called into question Tillerson’s ties to Russian president Vladimir Putin.


Thank You The Hill and Nick

Thursday, December 8, 2016

Majority Rule Equals Tyranny: Professor Walter Williams on The Electoral College and One Man One Vote Mobocracy

humanevents

Communist Fail! Food In Cuba Now Going To Tourists As Locals Starve

townhall

Posted: Dec 08, 2016 4:15 PM
 

According to the White House, one of President Obama's crowning achievements during his tenure has been "normalizing" relations between the United States and Cuba.

For the first time in 50 years, tourists from the United States are free to travel to the communist state. Flights are landing daily and cruise ships are regularly docking in port. 

There's just one major problem. Because the communist state is incapable of providing basic necessities to its citizens, it certainly can't provide to locals and tourists. From the New York Times:
For Lisset Felipe, privation is a standard facet of Cuban life, a struggle shared by nearly all, whether they’re enduring blackouts or hunting for toilet paper.

But this year has been different, in an even more fundamental way, she said. She has not bought a single onion this year, nor a green pepper, both staples of the Cuban diet. Garlic, she said, is a rarity, while avocado, a treat she enjoyed once in a while, is all but absent from her table.

“It’s a disaster,” said Ms. Felipe, 42, who sells air-conditioners for the government. “We never lived luxuriously, but the comfort we once had doesn’t exist anymore.”

But the record arrival of nearly 3.5 million visitors to Cuba last year has caused a surging demand for food, causing ripple effects that are upsetting the very promise of Fidel Castro’s Cuba.

  Without supplies to match the increased appetite, some foods have become so expensive that even basic staples are becoming unaffordable for regular Cubans.

“The private tourism industry is in direct competition for good supplies with the general population,” said Richard Feinberg, a professor at the University of California, San Diego, and specialist on the Cuban economy. “There are a lot of unanticipated consequences and distortions.”

Rising prices for staples like onions and peppers, or for modest luxuries like pineapples and limes, have left many unable to afford them. Beer and soda can be hard to find, often snapped up in bulk by restaurants.

It is a startling evolution in Cuba, where a shared future has been a pillar of the revolution’s promise. While the influx of new money from tourists and other visitors has been a boon for the island’s growing private sector, most Cubans still work within the state-run economy and struggle to make ends meet.
In other words Cuba's communist system in which citizens, not tourists, are trapped, is still failing. Starvation and a lack of basic resources like food and toilet paper isn't "normalization," it's misery. The same can be seen further south in Venezuela, where citizens are in the streets hunting cats and dogs for food.
 
 
Thank You Ms Pavlich and Townhall.

As He Says Farewell, Ten Lowlights of Harry Reid's Poisonous Career

townhall
Guy Benson
Posted: Dec 08, 2016 1:06 PM
 
 
Use the link. Too many priceless video clips for us to get involved reformatting.
 
Thank You Mr Benson and Townhall.


Researchers Identify Which of Trump's SCOTUS Candidates Is Most Similar To Scalia

townhall
|
Posted: Dec 08, 2016 9:20 AM


In a recently published research paper, legal scholars identified what it meant when President-elect Trump said he’d fill the vacant Supreme Court seat with a justice like Antonin Scalia. 

In “Searching for Justice Scalia: Measuring The ‘Scalia-ness’ of the Next Potential Member of the U.S. Supreme Court,” the researchers determined which among Trump’s stated candidates for the job would exhibit Scalia’s jurisprudence and style. 

“This study proposes three empirical measures of what made Justice Scalia Justice Scalia,” the authors wrote. “First, how often does a judge promote or practice originalism? Second, how often do they cite to Justice Scalia's non-judicial writings, writings that were not about the substance of the law but about how to think about interpreting the law. And third, how often does a judge write separately, something Justice Scalia did 25.9% of the time when he was not writing the majority opinion over his last 20 years on the court.”

Based on these measures the researchers developed the “Scalia Index Score,” which they say gives an objective way to measure potential SCOTUS picks against Scalia. 

Based on this index, the candidate with the highest score, and thus most similar to Scalia, is Utah Supreme Court Justice Thomas Lee.
After Lee came Judge Neil Gorsuch of the 10th U.S. Circuit Court of Appeals, and Judge William Pryor of the 11th U.S. Circuit Court of Appeals.

Lee, whose brother is Utah GOP Sen. Mike Lee, is a graduate of University of Chicago Law School and clerked for Justice Clarence Thomas at the Supreme Court. He was briefly in private practice before joining the faculty at J. Reuben Clark Law School at Brigham Young University. He held several posts at the Department of Justice during the Bush administration before his appointment to the Utah Supreme Court in 2010.

Others have also noted the similarities between Lee and Scalia.

Thank You Ms Barkoukis and Townhall. 


Good. Reinstitute the Rule of Law, special agendas and snowflakes notwithstanding.



From Justice Antonin Scalia: which explains Why we don't need an Obama activist replacing him on the Court.

The Washington Post
Supreme Court Upholds Michigan's Ban On Racial Preferences In University Admissions

And the SCOTUS release:

http://www.supremecourt.gov/opinions/13pdf/12-682_j4ek.pdf

pg 27:

JUSTICE SCALIA, with whom JUSTICE THOMAS joins, concurring in the judgment. 

"It has come to this. Called upon to explore the jurisprudential twilight zone between two errant lines of precedent, we confront a frighteningly bizarre question: Does the Equal Protection Clause of the Fourteenth Amendment forbid what its text plainly requires? Needless to say (except that this case obliges us to say it), the question answers itself." 

California Diversion Programs (7)

Thank You Justices Scalia and Thomas.