Categories
Legal, Laws, and Regs

The Fight over the CFPB

The Director of the Consumer Financial Protection Bureau (CFPB) resigned last week. Before he left, he appointed Leandra English as Deputy Director, recognizing “that appointing the current chief of staff to the deputy director position would minimize operational disruption and provide for a smooth transition given her operational expertise.”

Later that day, Trump appointed the White House budget director Mick Mulvaney as acting head of the CFPB until he could appoint a permanent director with Senate approval. Last night, English filed a lawsuit challenging the appointment, following up this morning with a request for a restraining order to prevent Mulvaney from stepping into the position.

Dueling legal arguments have been flying on Twitter and in the media about the transition. The White House claims the Federal Vacancies Reform Act (FVRA) applies to the appointment of an acting CFPB Director. This act enables the President to make the appointment.

English and those who support her state that it is the Dodd-Frank law that created the CFPB that has precedence in the appointment. A section of the law states that the deputy Directory shall “serve as acting Director in the absence or unavailability of the Director.”

When Congressional laws create a conflict, the newer law, and the more specific, takes precedence. The Dodd-Frank is both newer and more specific (related specifically to the CFPB rather than all agencies, generally). The White House argument is that the laws aren’t in conflict, they exist parallel to each other, which means that the deputy Director would be acting director only if the President doesn’t choose another.

I’m not a lawyer, but it only requires a modicum of logic and commonsense to realize that Trump’s hasty appointment of Mulvaney was ill-thought and will ultimately be counter-productive.

Categories
Just Shelley Weather

Climate change and sewers

By my rain gauge yesterday, we had 3.98 inches of rain, and that’s not accounting for what fell after Midnight.

We’ve had heavy rains before, but this one seemed to be a particular problem in the O’Fallon area.

Last night we tried to flush our toilets, and they weren’t going anywhere. The seal on one was leaking (good thing we hadn’t fixed the drywall under those pipes yet). We called a plumber.

Poor guy came out, popped the top on the clean out, and up came sewer water.

He could run a camera, but we all thought the issue was the main was over-taxed with the rain, and our sewage just couldn’t enter the flow. Our system is over-taxed anyway, because one town’s force main dumps into our gravity main, at the manhole in my neighbor’s yard.

Anyway, I got my wish this AM: we could flush again. I’ll still need the plumber to come back, replace the O ring on one toilet, just in case.

Everyone keeps saying the same thing: they’ve never seen weather like this before. Not during the summer, not this fall.
Welcome to climate change.

Categories
Diversity Technology

Robert Scoble: Tech’s Weinstein moment

Earlier today I was stunned to read about the accusations of sexual harassment against Robert Scoble.  We aren’t friends, but we have friends in common and we have interacted remotely in the past.

I had no idea, no clue, that Scoble had harassed women. There are some people you might suspect of doing so, and some people you don’t, and before today I would have listed Scoble in the latter category. It just goes to show that on the internet, people don’t always know you’re a dog.

Categories
Technology Web

Moving to HTTP/2

I upgraded my server to Ubuntu 16.04, converted my websites over to HTTPs, and locked them in using HSTS. It would be a shame to stop here without making one last change: upgrading to the HTTP/2 protocol.

The web has been spinning along on HTTP 1.1 since 1997. It’s been a good and faithful servant. However, the protocol is also showing its age, leading to gimmicks and workarounds just to more readily process today’s web pages.

Categories
Legal, Laws, and Regs

Another excellent court resource: Justia

I was reminded of another valuable resource for accessing court documents: Justia. I’ve used the site many a time, and it’s helped me discover cases related to one entity or another more than once.

You can search for a court case for free at Justia, and once you’ve found the case, you can then directly access the PACER court documents from the returned result. Using Justia you can save on the dime-a-page query forms that PACER provides.

As an example, when I searched on “Front Range Equine Rescue” and New Mexico, I found the listing for the court case I’m currently following related to horse meat plants and USDA inspections that has been on fire with activity today. Yes, I still need to use PACER to access the docket and court cases, but I’ve saved from a dime to a dollar just finding the case.

Hey, every penny counts.