SCOTUS Curbs Rogue Judges From Blocking Infrastructure Projects

Too many of these enviro-weenie/climate cult judges were ruling based on their beliefs, not law

Supreme Court limits judges’ authority to block infrastructure projects over environmental concerns

The Supreme Court on Thursday limited the authority of judges to block infrastructure projects due to environmental concerns.

The justices handed down the lone decision Thursday morning, slightly curbing judicial authority at a time when President Donald Trump’s administration is loudly complaining about alleged judicial overreach. The case, Seven County Infrastructure Coalition v. Eagle County, relates to the National Environmental Policy Act (NEPA) and the requirement for environmental impact statements (EIS) in infrastructure projects supported by the federal government.

“NEPA does not allow courts, ‘under the guise of judicial review’ of agency compliance with NEPA, to delay or block agency projects based on the environmental effects of other projects separate from the project at hand,” Justice Brett Kavanaugh wrote in the opinion of the court.

“Courts should afford substantial deference and should not micromanage those agency choices so long as they fall within a broad zone of reasonableness,” the opinion continued.

Kavanaugh went on to state that agencies should not be expected to consider the environmental impact of any project aside from the one they are currently working on, “even if” the environmental impacts “might extend outside the geographical territory of the project or materialize later in time.”

“The fact that the project might foreseeably lead to the construction or increased use of a separate project does not mean the agency must consider that separate project’s environmental effects,” the court ruled.

There’s that “guise of judicial review” thing again, where judges are simply involving themselves outside the bounds of the scope of their duties and authority. The ruling was 8-0, with Gorsuch sitting out. More details on the case itself at the link.

Read: SCOTUS Curbs Rogue Judges From Blocking Infrastructure Projects »

Loony Judge Says Trump Can’t End Biden Era Fake Asylum Seeker Protections

Biden created them, and Trump is not allowed to end them? Just wait till you find out the judge’s reasoning (it’s weird because it’s an Axios piece)

Federal judge blocks Trump admin from pulling Biden-era migrant protections

A federal judge temporarily blocked the Trump administration on Wednesday from suspending Biden-era temporary migrant protections and ordered officials to resume applications.

Why it matters: The ruling that comes as the Trump administration is moving to escalate its hardline immigration crackdown affects thousands of people who came to the country legally via temporary programs from Afghanistan, Latin America and Ukraine.

Driving the news: President Trump in January ordered the Homeland Security Department to terminate Biden-era “parole” programs that allowed people from certain countries to temporarily live and work in the U.S. on humanitarian or public interest grounds.

State of play: U.S. District Court Judge Indira Talwani in her order acknowledged that the Trump administration has broad discretion on immigration policy, but said it was not wholly shielded from judicial review.

“This court emphasizes, as it did in its prior order, that it is not in the public interest to manufacture a circumstance in which hundreds of thousands of individuals will, over the course of several months, become unlawfully present in the country,” Talwani said Wednesday.

So, wait, the Trump administration has the authority to end the policy  (a goodly chunk of the Biden era programs, which last 18 months under law and Biden had renewed, will end soon or have already ended), but, the judge has decided that she will now determine how the Executive Branch is to run things? Because that is what she is saying. That she runs US immigration.

The other side: “The Biden Administration abused the parole authority to allow millions of illegal aliens into the U.S. which further fueled the worst border crisis in U.S. history,” DHS assistant secretary Tricia McLaughlin said in an emailed statement Thursday.

“Under federal law, Secretary [Kristi] Noem — in support of the President — has full authority to cancel or modify these policies. Doing so is a promise kept to the American people to secure our borders and protect our national security. We have the law, the facts, and common sense on our side,” McLaughlin added.

Yes, under law passed by the duly elected Congress and signed into law by a duly elected President. Which may give a federal court authority to determine if the law is un-Constitutional, followed by the Supreme Court, but, doesn’t give the court the authority to determine how they want the law to run. The Trump admin has every legal right to cancel these programs. Barring that, repatriating all those who had the parole once it runs out. These judges are out of control.

Read: Loony Judge Says Trump Can’t End Biden Era Fake Asylum Seeker Protections »

Allentown Yout Groups Get Lots Of Climate (scam) Cash

Will the youts be giving up their own travel in fossil fueled vehicles? Stop using so much energy?

Youth-led groups land grants to fight climate change in Allentown

More than a dozen youth-led groups are set to get started on projects to fight the effects of climate change in Allentown after winning microgrants from the city.

Allentown is set to distribute more than $65,000 to 14 projects, which represent the second round of the Youth Climate Action Fund.

Eleven groups each will get $5,000 — the largest grants available through the fund — while three others will split a little under $11,000.

Top-prize-winning projects include plans for an outdoor classroom at Trexler Middle School, several garden spaces and an “upcycling” initiative, as well as gardening workshops and a free community bike tune-up day.

And two projects at Muhlenberg College each got $5,000 grants.

Bikes? Tuning them up? Really? This is linked to ‘climate change’? Making some garden spaces is nice, a good beautification project, but, global boiling? Must everything be linked?

Allentown School District plans to use its $3,318 grant to bolster tree-equity education, while the Boys and Girls Club of Allentown’s teen-led climate campaign received $3,150 in funding.

So, not really doing anything, just yapping. I’d be more impressed if they were actually planting trees.

And Easton-based Nurture Nature Center got $4,300 from Allentown’s Youth Climate Action Fund to implement AI-powered hydroponic systems.

OK, that’s a good one. If they actually do it. Not sure why they really need it, though, since there are already plenty of AI systems on the market as it is.

Bloomberg Philanthropies offered $50,000 grants to 100 cities — including Allentown — whose mayors attended COP28, the 28th United Nations Climate Change Conference in Dubai, in late 2023.

Well, at least it’s not coming from the taxpayers.

Read: Allentown Yout Groups Get Lots Of Climate (scam) Cash »

If All You See…

…is a fast rising ocean that will soon swamp the land, you might just be a Warmist

The blog of the day is GeeeZ…., with a post on the reason why J6 will never go away.

Read: If All You See… »

Court Says Trump Cannot Impose Tariffs On World

While I agree with the concept of imposing reciprocal tariffs on countries which put tariffs on US exports, I’ve said that this is primarily the function of Congress. The US needs to do something to deal with the trade imbalances that make it harder and more expensive to for US companies to get their products into foreign nations. But, how much power does the Executive Branch have?

Federal court strikes down Trump’s tariffs on countries around the world

A federal court has struck down President Donald Trump’s tariffs on dozens of countries, saying his effort to justify them with broad claims of national emergencies exceeded his legal authority.

The unanimous ruling of a three-judge panel of the U.S. Court of International Trade strikes a blow to one of the central planks of Trump’s economic agenda at a time he is seeking to use tariffs as leverage to strike trade deals around the world.

“Today’s court order is a victory not just for Oregon, but for working families, small businesses, and everyday Americans. President Trump’s sweeping tariffs were unlawful, reckless, and economically devastating,” said Oregon’s Attorney General Dan Rayfield, who filed one of the lawsuits challenging Trump’s tariffs, along with 11 other state attorneys general. “We brought this case because the Constitution doesn’t give any president unchecked authority to upend the economy. This ruling reaffirms that our laws matter, and that trade decisions can’t be made on the president’s whim.”

The court’s ruling also means that the government may have to pay back duties it has already collected. “Anybody that has had to pay tariffs so far will be able to get them refunded,” said Ilya Somin, a professor of law at George Mason University, who helped argue a case against the tariffs brought by several small businesses.

This is not quite the flex Rayfield thinks. The suit was brought on by Trump Derangement Syndrome. Does anyone think these states would have sued had Biden imposed the tariffs? And it means that US companies will continue to see large tariffs on their products. When Oregon sends hazelnuts, sowing sees, prepared potatoes, non-alcoholic beverages, and malt extract, their top exports to Canada, there is a 25% tariff imposed by Canada. How would it help Oregon businesses if that was, say, 10%? Goods coming from Canada did not get the 25%. Tariffs should be equitable.

The Justice Department quickly filed an appeal, setting the stage for more legal arguments over the extent of Trump’s tariff authorities. Ultimately, the case could end up at the Supreme Court.

Trump had justified his imposition of tariffs on dozens of countries based on declarations of national emergencies related to fentanyl trafficking and the threat of persistent trade deficits. Trump also imposed retaliatory tariffs on countries that responded in kind.

But the court found that the federal law that authorizes the president to impose tariffs, embargoes and sanctions in response to national emergencies — the International Emergency Economic Powers Act of 1977 — “does not authorize the President to impose unbounded tariffs.”

“The Worldwide and Retaliatory Tariff Orders exceed any authority granted to the President by IEEPA to regulate importation by means of tariffs,” the New York-based federal court, which hears cases on trade laws, said in its opinion.

Do they? That’s the question. There are laws going back to 1934, the Reciprocal Trade Agreements Act, for which Congress has delegated power to the Executive Branch, up to the IEEPA of 1977. No president has used it for tariffs until Trump. Did Congress delegate enough power to do this? Some articles say he has enough delegated power, some say not. The devil is in the details.

“The U.S. Court of International Trade agreed with what I and others have said for months: Trump was clearly abusing emergency authorities in ways not authorized by Congress to impose damaging tariffs on other countries, with obviously pretextual excuses,” Rep. Don Beyer (D-Va.) said in a statement. He has introduced legislation with Rep. Suzan DelBene (D-Wash.) that challenged Trump’s use of IEEPA to impose tariffs.

From everything I’ve read on the subject, Trump did not have the power to impose everything he imposed. He went beyond what was in the law. But, do Democrats and Trump haters think it is a win to make it so that American companies have big tariffs on the goods they export while competing goods imported to the U.S. do not?

Read: Court Says Trump Cannot Impose Tariffs On World »

Enviro-Weenies Have A Fit Over Buc-ees Coming To Mebane, NC

Seriously, these wackos have had over a year to come up with their protest. They’ve been looking to get it going for that long, getting all the permits and approvals, but, now when it is actually happening?

Environmental activists voice concerns about plans to build Buc-ee’s in Mebane

Activists gathered in Mebane on Tuesday to speak out against Buc-ee’s planned near the intersection of Interstate 40 and 85. It that would be the gas station’s first location in North Carolina.

The popular, super-sized gas station and convenience store is set to be built on 34 acres along Trollingwood Hawfields Road. Construction could be complete by 2027.

On Tuesday, a group called the Seven Directions of Service and other speakers shared a new report about the environmental, economic and health impacts of the gas station.

“This is more than a story about a gas station,” Rania Masri, co-director of the NC Environmental Justice Network, said. “This is a story about public health [and] environmental justice.”

Multiple speakers voiced concern about toxic pollution from gas stations and idling cars putting neighboring parks, homes and schools at risk.

Have all these eco-zealots given up their own use of fossil fuels?

(IndyWeek) The gathering was pegged to the release of “Buc-ee’s Burden,” a 34-page report examining the health, environmental, and economic impacts of mega gas stations. The report was commissioned by the North Carolina Environmental Justice Network and the Indigenous-led environmental justice organization 7 Directions of Service and authored by local journalist Lewis Raven Wallace with contributions from Raleigh-based energy policy researcher Sue Sturgis.

“This report calls on all of us—residents, leaders, and policy makers—to protect our people, to say no to environmental racism, and to build a future that truly serves the public good instead of subsidizing corporate harm,” said Rania Masri, co-director of the North Carolina Environmental Justice Network.

Building a gas station with all the other stuff Buc-ees has is “environmental racism”? Wackos.

Read: Enviro-Weenies Have A Fit Over Buc-ees Coming To Mebane, NC »

Democrats Lose Their Minds After HHS Removes CDC Recommendation For COVID Vaccines

These would be the the shots that do not stop people from getting COVID, that barely stop them from getting bad COVID, are potentially bad for pregnant mothers and their unborn children, and unnecessary for children, who are least likely to get it and get it bad

RFK Jr. says CDC will no longer recommend COVID vaccine for children and pregnant women

Health and Human Services Secretary Robert F. Kennedy Jr. said Tuesday that he would remove the Centers for Disease Control and Prevention’s recommendation for children and healthy pregnant women to get vaccinated for COVID-19.

“I couldn’t be more pleased to announce that, as of today, the COVID vaccine for healthy children and healthy pregnant women has been removed from the CDC’s recommended immunization schedule,” Kennedy said in a video attached to his post.

However, as of Tuesday morning, the CDC had so far not updated the immunization schedule to reflect the removal announced by Kennedy.

Kennedy’s move, announced Tuesday on X, appears to effectively shortcut a process set up by the agency’s outside advisers to discuss and make changes to the CDC’s influential vaccination guidance, which is directly tied to what insurers are required to cover and liability protections.

I wonder how much time said advisers spent on adding them for 2023? Did they actually look at the data which showed that the “vaccines” weren’t that much better than a placebo? And caused heart issues? And more problems?

They got their talking points down, but, CDC guidance isn’t a mandate in the first place. But, liberal run schools often act like it is one. People are still welcome to get the vaccine if they choose. No one is stopping them.

 

Read: Democrats Lose Their Minds After HHS Removes CDC Recommendation For COVID Vaccines »

Bummer: German Court Throws Out Peruvian Farmer’s Climate (scam) Suit

I’m pretty sure Peru would whither into a 3rd world nation without fossil fuels bringing tourists and goods, as well as sending goods to the rest of the world

Court throws out Peruvian farmer’s climate lawsuit against energy giant

A German court ruled Wednesday that one of the country’s largest energy giants is not liable for alleged harm caused by climate change in Peru, throwing out a decade-long claim by a farmer who says his mountainside home in the Andes could be destroyed by melted glacier ice.

The court found that RWE, the utility firm, was not obliged to contribute to the costs of protecting Huaraz, a city of some 120,000 people in the foothills of the Andes, from the risk of catastrophic flooding made more likely by climate change. The case was brought by one of its residents, farmer Saúl Luciano Lliuya.

“More likely”. What facts using the Scientific Method support that, and can it be positively linked to Mankind?

The judgment is a blow for climate campaigners who had sought to use the German court system to establish a legal precedent for making energy firms liable for the costs of mitigating the impact of climate change globally.

RWE, which has never operated in Peru, argued that individual emitters could not be held responsible for “universally rooted” processes like climate change. In a statement Wednesday, the energy firm welcomed the ruling, which found the risk of flooding to Luciano Lliuya’s property was too low to merit damages. RWE said that if granted, the claim would have had “unforeseeable consequences for Germany as an industrial location, because ultimately claims could be asserted against any German company for damage caused by climate change anywhere in the world.”

It’s all a shakedown, and, too bad the court didn’t specifically rule with that in mind.

In their case, Luciano Lliuya’s attorneys cited an analysis that found RWE’s mines and power stations were responsible for 0.47 percent of all emissions produced by people in the industrial era. As a result, they claimed that the energy firm was liable to pay about $20,000 toward the building of a protective drainage system for Huaraz, about 0.47 percent of its projected total cost.

The city is at risk of catastrophic flooding from Lake Palcacocha, a pool of melted glacier water that has swelled in recent decades as the nearby Palcaraju glacier melts. According to an attribution study published in the journal Nature Geoscience in 2021, the melting of the glacier would be virtually impossible in a world without climate change.

How big was the glacier during previous Holocene warm periods?

At any moment, the lake could burst its banks and send a deluge of nearly 2 million cubic meters of water toward Huaraz below. About 50,000 people live on the banks of the Quilcay River, a high-hazard zone where the flood could be strong enough to sweep away small brick and adobe homes. In 1941, a glacial lake outburst flood killed one-third of the city’s population.

“At any moment.” In other words they do not know. And 1941, when CO2 was below the “safe” level of 350ppm? It’s all a shakedown. And, I wonder if a bunch of climate scam lawyers/groups put him up to this.

Read: Bummer: German Court Throws Out Peruvian Farmer’s Climate (scam) Suit »

If All You See…

…is an Evil fossil fueled vehicle, you might just be a Warmist

The blog of the day is Animal Magnetism, with a post on Hump Day news.

Read: If All You See… »

Quick Impressions: Sony Linkbuds Fit Vs Bose QuietComfort Earbuds

Bummer, the pair of Bose QuietComfort earbuds I got for Christmas 2022 died. Right earbud came apart, but, sound was dead by the time I could try and glue it together. I guess that is a good time, considering most AirPods last around 2-3 years. And I usually go through headphones every year to 3 years, at least the ones I use for the gym. I still have a few around that sorta kinda work, and I did not burn out my Bose Sports earbuds (great sound, no noise cancellation). Consider that I use them an hour to hour and a half at least 3 times a week, and they are strictly for the gym. So, sweat rolling down head, into ears, and sweaty hands. Taking them in and out. Getting thrown around in the gym bag.

I’m really not enthused about spending over $150, heck, $100, but, I need decent sound and good noise cancellation. So, I thought I would give the Sony Linkbuds Fit a try. They were on sale for $149.99 at Best Buy, which is $50 off. Always been a fan of Sony, have a pair of wired headphones from maybe 30 years ago that still sound great.

The good. Some say the sound is so-so, but, I think they are pretty good. And not just because I mostly listen to metal at the gym. I tried with Steely Dan’s Aja, which is the perfect song to determine the sound quality. Very pleased. They fit well, nice and tiny, not too tight in the ear canal, and stay in the ear while working out. I never felt like one was coming out. Some complain that it is too tough to use the tap buttons, but, I like that it is hard, so I do not inadvertently pause or switch tracks or flip to non-noise cancellation.

The case is small, but, high. No biggie, will be in bag, not my pocket. There are some pretty darned good settings on the app, especially with setting the EQ.

The so so: the case doesn’t wirelessly charge. For something with a retail of $199 normally, it should.

Not really pleased with the noise cancellation. While it is fantastic while music is playing, during dead spots, low volume, commercials, watching a show or movie while I’m on the treadmill or stationary bike, there is noticeable sound in the background. Not as much as without ANC (active noise cancellation), I can certainly hear more on my Bose Sports, but, it is there. And distracting.

So, I am also going to try the new Bose QuietComfort earbuds, which are different from the ones I had. They are smaller than the previous model, and the fins are not quite as big. Though, to be honest, the old ones, particularly the right one, use to fall out often when they got sweaty.

I did write all the above on Sunday the 25th, so, I could record my thoughts on the Sonys. The Bose are charging now, and, I won’t get a chance to really use them in the gym till Tuesday.

And on the the Bose. They were $149 at Best Buy. I’m as happy with the new model as I was with the old one, which I wrote about here. In comparing them to the Sony

Sound quality: Bose are slightly better, but, if you are looking for super high end sound from earbuds, spend a couple hundred more. They are both more than fine for earbuds, and at the gym. Or get over the early, much larger headphones. So, push.

Battery: I lost about the same amount of battery in the same amount of time. I never worry about it, because I’m in the habit of charging every Sunday or every other when I get back from gym. Push.

Case: Samsung is a little smaller, but, no wireless charging. Bose wins

Fit: Bose is a bit more comfortable in right ear. I never seem to have problems with left ear. Slight win for Bose

Staying in: Sony wins here. Smaller, lower profile. If I was using these outside for exercise, biking, jogging, hiking, etc, I’d go with the Sony. I can already tell the Bose will slide out when they get sweaty. But, I’m in the gym.

Phone calls: just like when I did a quick impression on the Bose Sports and Quiet Comfort 1, I won’t be using this for phone calls. I do not like hearing reverb in my head when using in-ear buds for calls. Someone calls me I take them out and switch to phone. But, with Bose the microphone is only in right bud. I have always used the left bud. It’s what I am comfortable with. With Sony you can supposedly use either. With the not as good ANC for Sony would probably work better. Winner: Sony.

Touch controls: I like that it is harder to hit the controls on the Sony, so you do not do something by accident

Noise cancellation: Bose wins by a mile. It seriously blocks a heck of a lot more noise than the Sony’s. Tried doing the same things on Tuesday (and Wed), and, during quiet times in music, dead spots, and watching a show there was very little background noise. Sony is better for an “aware” mode, but, I’m not using that. I have a pair of Samsung Galaxy Live, which do not go in the ear canal, and the ANC on the Sony are not much better (also, I would use these since I own them for doing outdoors stuff, stay in ear extremely well). Bose is all in on ANC.

One thing I did not like about the Bose is the app, which has no way that I can find to turn autoplay off. I put the bud in the first time out of the charging case and I get whatever song was playing on Samsung Music app, could have been days ago.

So, Sony is getting returned. If staying in is your primary concern, go with the Sony (though, open ear Samsung Galaxy Live is my favorite for that, though, they are kind of expensive, around $200. Got mine via winning stuff through work). If you want noise cancellation, Bose all the way.

Read: Quick Impressions: Sony Linkbuds Fit Vs Bose QuietComfort Earbuds »

Pirate's Cove