Laura Dern in Jurassic Park

Write! Write!

There’s a scene in Jurassic Park where the character played by Laura Dern, having just escaped being raptor kibble, sees her close friend (played by Sam Neill) in the distance. She softly shouts out through gritted teeth, “Run! Run!” She’s not telling Neill to run; she’s telling herself to run.

She’s not telling Neill to run; she’s telling herself to run.

Critics have panned the scene, accusing Dern of overacting. I thought it was a good scene, and the acting was appropriate to the context.

Here is a person who has just barely escaped from a large, intelligent, and scary reptile who had recently munched down a park employee, leaving only the grisly remains of his arm. When she sees her friend, who represents both familiarity and safety, she wants nothing more than to run to him. She wants to run so badly, she’s actually incapable of running. She has to tell herself to “Run!” to break through the paralysis before she can manage to limp to Neill. In the scene, she demonstrates what can happen when we’re overcome with such a strong desire to do something, we’re incapable of doing anything.

I look at my dormant websites and I think of all the things I want to write. There are so many things I want to write about, and I want to write about them so badly that I find myself frozen, just like Laura Dern … but without ravening beasts at my back.

The Trump Presidency, his cabinet, the environment, technology, climate, animals and their welfare, people, life…there is so much going on nowadays, so many topics that interest me, so much I want to say that I find myself not being able to say a damn thing. Instead, I fuss, and I plan, and I research, and tweet/Facebook and then I fuss some more. I’ve fussed over my site for weeks without writing one single word to it.

So here I am, Laura Dern-like, crouched at my laptop with hordes of ideas breathing down my neck, telling myself to “Write! Write!”

If for a time I limp instead of leap, at least it’s better than silence.

Donald Trump at rally

Groups Challenge Trump’s Terminator two-fer order

NRDC, The Communication Workers of America, and Public Citizen just filed a lawsuit against Trump’s infamous “two-fer” rule. This is the rule I’ve designated the Terminator Rule.

From the lawsuit:

To repeal two regulations for the purpose of adopting one new one, based solely on a directive to impose zero net costs and without any consideration of benefits, is arbitrary, capricious, an abuse of discretion, and not in accordance with law, for at least three reasons.

First, no governing statute authorizes any agency to withhold a regulation intended to address identified harms to public safety, health, or other statutory objectives on the basis of an arbitrary upper limit on total costs (for fiscal year 2017, a limit of $0) that regulations may impose on regulated entities or the economy. Second, the Executive Order forces agencies to repeal regulations that they have already determined, through notice-and-comment rulemaking, advance the purposes of the underlying statutes, and forces the agencies to do so for the sole purpose of eliminating costs that the underlying statutes do not direct be eliminated. Third, no governing statute authorizes an agency to base its actions on a decisionmaking criterion of zero net cost across multiple regulations.

The Terminator rule is nonsensical in the extreme and violates all administrative procedure and law when it comes to forming regulations and rules. To instruct agencies to only include costs, not benefits, virtually cripples the federal government.

I have to wonder at this time if Trump even has access to lawyers. If so, where did they get their law degrees? Trump University?

I’ll be following this case on PACER.

Photo by Gage Skidmore CC BY-SA 2.0

Dakota pipeline protest

The Army Corps Decision on Dakota has serious ramifications

The Army Corps of Engineers announced Tuesday it would approve development of the last section of the Dakota pipeline. In a cryptic letter, the Corps announced it was terminating the Environmental Impact Statement process in the Federal Register. The reason? Trump told them to do so.

As former State Department lawyer Keith Benes said to the Washington Post, the Corps can’t just drop the EIS process for arbitrary reasons. And Trump demanding they do is an arbitrary reason.

Keith Benes, a former State Department lawyer who helped oversee pipeline permitting decisions under the Obama administration and now works as an environmental consultant, said in an interview that opponents could mount a strong legal challenge because the only justification the Army gave for terminating its environmental review was the president’s Jan. 24 directive. The agency had been seeking public input on whether to consider an alternate pipeline route, and the comment period was due to close Feb. 20.

“Supreme Court precedent is really clear that agencies can change their minds about policies, but they need to provide a reason,” Benes said, noting that the justices most recently upheld this position in the 2009 case FCC v. Fox Television Stations, Inc. “The president telling you to change your mind is not enough of a justification for changing your factual finding.”

The Corps decision was sudden and unexpected. The Corps had already filed a notice to the Federal Register asking for comments about the EIS scope, the first step in the process. Until this week, there was absolutely no indication that the Corps was planning on terminating the EIS.

Trump’s administration has completely disregarded environmental law, not to mention tribal rights and treaty in this decision. Yes, the decision can and will be successfully challenged in court. But there’s more at risk than our water with this decision.

All Federal Agencies are bound to follow laws in their actions. One of the laws is the National Environmental Policy Act or NEPA. Though agencies can follow different routes within the NEPA framework, they can’t work outside of it. Not unless expressly given permission to with other laws. There is no other law at play with the Corps Dakota Pipeline decision.

The Army Corps not only dropkicked NEPA to the curb, they pissed on it in passing. And they did so specifically because of a demand from the Trump administration. The Trump administration action demonstrates either a profound ignorance of a law that has been in existence for decades, or that the administration considers itself not bound by the law. I suspect the latter.

The Executive Branch of the government’s primary duty is to uphold the laws of the United States. Trump cannot just ignore the laws because they don’t suit him. To do so is to introduce a level of chaos we have never seen before in our history.

Photo courtesy Fibonacci Blue CC BY 2.0

Top part of an inspection report

USDA APHIS Inspection Reports posted online

The Memory Hole just posted links to thousands of inspection reports. They’re research facility inspections for 2000 through 2007.

Trump and his minions just don’t understand the way the internet works. If they build a wall, we’ll put a hole into it.

Guaranteed.

When I get any new info from the FOIA request or HSUS’s action, I’ll post an update. If I find more documents, I’ll post a link to this post.

 

Top part of an inspection report

HSUS comes through on the USDA APHIS records

Today, HSUS filed a Notice of Violation of Court Order with the Department of Justice because of the USDA pulling the APHIS records.

I did not know that the HSUS had filed a lawsuit years ago forcing the USDA to provide access to its inspection records for universities and research labs. By pulling these records, the USDA is in violation of the court settlement.

As noted in the letter, pulling these records also runs counter to government transparency requirements established by Congress. It’s becoming increasingly obvious that the impetus for this action was the short-sighted, mean-spirited actions of Trump’s transition team.

In addition, the HSUS noted in its story on the filing that the USDA finally did pull the license of several breeders in Missouri…including Rabbit Ridge. Rabbit Ridge is finally done.

The Humane Society is one of the groups we need to donate to, to protect animals and the environment during a Trump administration.

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