Categories
Environment Legal, Laws, and Regs

Sackett v EPA: Today’s the day

Today’s the day when the second Sackett v EPA case is heard in the Supreme Court. The consequences of today’s imbalanced Supreme Court could be devastating to the quality of the waters in our country.

I’ll be writing about this case after the oral arguments. In the meantime, I’m putting together a page (Sackett v EPA Documents and articles) with links to documents I’ve collected over the years. All of the court documents aren’t fully linked, but the key set of material is the EPA Administrative Record. This set of documents contains the reports and photos that form the background for the EPA case.

The Sacketts contend that they needed no CWA permit because their land was separated from Priest Lake by a road, and therefore, there is no contiguous connection between the wetlands on their land and the lake. The EPA contends that a manmade structure, such as a berm, dike, or in this case, road, does not alter the fact that the wetland does, indeed, have a significant impact on the lake.

These arguments directly relate to the question that this hearing is supposed to address. But the Sackett lawyer, the infamous Pacific Legal Foundation, decided to blow the case up by challenging what constitutes a ‘tributary’ in the Clean Water Act—a challenge that could have disastrous impact on our waters in the country.

The courts should not address the latter challenge—it’s not included in the question related to the case—but as we discovered last year, this Supreme Court plays by a different set of rules now.

You can listen to the oral arguments at this link.

Categories
Burningbird

Lessons learned from the Wayback Machine

I’ve learned many lessons from recovering weblog posts from the Wayback Machine.

If you feel the need to freshen your site, you really don’t need a new domain or subdomain, and most of the time you don’t need a new site redesign. All you need, is a break.

It’s OK to mix content types. So what if your techie stuff is side by side with your poetry? People can skip what they don’t like.

Don’t ever embed a dependency on a third-party web site for anything. So many of my recovered posts referenced photos in an account on Flickr that I no longer have. I recovered most images, but not all.

If you’re going to embed a tweet, embed a screenshot of the tweet and then provide a direct link to it. That way if the account is gone, you don’t end up with gibberish in your page.

For your own media, be wary of using the weblogging software add media functionality. In the process of recovering my writings, I decided to go from a WordPress multisite to a single site installation. It wasn’t a complicated task—export site’s content, install a fresh WordPress installation, and import the site—but the export/import munged the media I had added using the WP Add Media functionality.

(Thankfully, there’s a plugin, Broken Link Checker, that helped me find the broken image links and get them fixed.)

Don’t use excerpts on the front page, or the category page, or archive. I lost some writing because the Wayback Machine had a post in the main page, but hadn’t captured the actual post page, itself. When I displayed the full contents on the main page, I was able to recover the writing. When I didn’t…well, that writing was lost.

Lastly, even when recovering old posts I still left internal links to the Wayback Machine. So much of the older stuff is gone but still preserved in the Wayback Machine.

And if the post had comments, I included a link to the Wayback Machine entry at the top of my posts so that folks can see it, and the discussion, in its original form.

 

Categories
Documents Legal, Laws, and Regs

Court Cases with Docket Sheets and Downloadable Documents

Following are the court cases I’m following and/or docket sheets and associated court documents provided by others:

Front Range Equine Rescue et al v. Vilsack et al: Several animal welfare groups and individuals sued the USDA for issuing horse meat inspection permits without conducting a proper NEPA review. This case is based on the Administrative Procedures Act (APA), and the USDA has provided the Administrative Record underlying its decision. I have both the AR index as well as the associated documents. Ongoing and frequently updated.

Animal Welfare Inc. et al vs. Feld Entertainment: (formerly ASPCA et al vs. Feld Entertainment) Several animal welfare groups and one individual sued Feld Entertainment for violations of the Endangered Species Act. The decision was in favor of Feld, and the animal welfare groups lost on appeal. The court is currently determining lawyer fees for the defendant. Ongoing but infrequently updated.

Feld Entertainment v. Animal Welfare Act Inc, et al: (formerly Feld Entertainment vs. ASPCA et al) Feld is suing several animal welfare groups and individuals under RICO based on activities associated with the previously listed ESA action. Ongoing and infrequently updated.

The Michael Brown Grand Jury documents – no court docket, but files used in the Michael Brown (Ferguson) grand jury. Includes all transcripts.

Sackett v EPA – Both SCOTUS court cases