Showing posts with label Feds. Show all posts
Showing posts with label Feds. Show all posts

Piketty Dikitty Rikitty

SUBHEAD: We can't politically organize our way out of the epochal predicament of civilization.

By James Kunstler on 28 April 2014 for Kunstler.com  -
(http://kunstler.com/clusterfuck-nation/piketty-dikitty-rikitty/)


Image above: A futile as reorganizing the deckchairs on the Titanic. From (http://www.enterpriseirregulars.com/72635/old-dont-bring-problem-unless-proposed-solution-rule/).

The debate over Thomas Piketty’s new book Capital in the Twenty-First Century is as dumb as every other issue-set in the public arena these days — a product of failed mental models, historical blindness, hubris, and wishful thinking. Piketty’s central idea is that wealth will continue to accumulate and concentrate among individual rich families at ever-greater rates and therefore that nation-states should take a number of steps to prevent that from happening or at least attempt to correct it.

The first mistake of Piketty fans such as New York Times op-ed ass Paul Krugman is the assumption that the dynamic labeled “capitalism” is an ism, a belief system that you can subscribe to or drop out of, depending on your political correctitude. That’s just not true. 

So-called capitalism is more like gravity, a set of laws that apply to and describe the behavior of surplus wealth, in particular wealth generated by industrial societies, which is to say unprecedented massive wealth. The human race never saw anything quite like it before. It became both a moral embarrassment and a political inconvenience. So among the intellectual grandiosities of modern times is the idea that this massive wealth can be politically managed to produce an ideal equitable society — with no side effects.

Hence, the bold but hapless 20th century experiment with statist communism, which pretended to abolish wealth but succeeded mainly in converting wealth into industrial waste and pollution, while directing the remainder to a lawless gangster government elite that ruled an expendable mass peasantry with maximum cruelty and injustice.

In the other industrial nations, loosely called “the west,” the pretense to abolish wealth altogether never completely took, but a great deal of wealth was “socialized” for the purpose of delivering public goods. That seemed to work fairly well in post-war Europe and a bit less-well in the USA after the anomalous Eisenhower decade when industrial labor enjoyed a power moment of wage arbitrage. 

Now that system is unraveling, and for the reason that Piketty & Company largely miss: industrial economies are winding down with the decline of cheap fossil fuels.

Piketty and his fans assume that the industrial orgy will continue one way or another, in other words that some mysterious “they” will “come up with innovative new technologies” to obviate the need for fossil fuels and that the volume of wealth generated will more or less continue to increase. This notion is childish, idiotic, and wrong. 

Energy and technology are not substitutable with each other. If you run out of the former, you can’t replace it with the latter (and by “run out” I mean get it at a return of energy investment that makes sense). The techno-narcissist Jeremy Rifkins and Ray Kurzweils among us propound magical something-for-nothing workarounds for our predicament, but they are just blowing smoke up the collective fundament of a credulous ruling plutocracy. 

In fact, we’re faced with an unprecedented contraction of wealth, and a shocking loss of ability to produce new wealth. That‘s the real “game-changer,” not the delusions about shale oil and the robotic “industrial renaissance” and all the related fantasies circulating among a leadership that checked its brains at the Microsoft window.

Of course, even in a general contraction wealth will still exist, and Piketty is certainly right that it will tend to remain concentrated (where it isn’t washed away in the deluge of broken promises to pay this and that obligation). But he is quite incorrect that the general conditions we enjoy at this moment in history will continue a whole lot longer — for instance the organization of giant nation-states and their ability to control populations. 

I suppose it’s counter-intuitive in this moment of the “Deep State” with all its Orwellian overtones of electronic surveillance and omnipotence, but I’d take the less popular view that the Deep State will choke to death on the diminishing returns of technology and that nation-states in general will first degenerate into impotence and then break up into smaller units. 

What’s more, I’d propose that the whole world is apt to be going medieval, so to speak, as we contend with our energy predicament and its effects on wealth generation, banking, and all the other operations of modern capital. That is, they’ll become a lot less modern.

As all this occurs, some families and individuals will hang onto wealth, and that wealth is apt to increase, though not at the scales and volumes afforded by industrial activities. Political theorizing a la Marx or Thomas Piketty is not liable to deprive them of it, but other forces will. The most plausible framework for understanding that is the circulation of elites. This refers to the tendency in history for one ruling elite to be overturned and replaced by another group, often by violence, and then become the new ruling elite. It always happens one way or another, and even the case of the Bolsheviks in Russia during the industrial 20th century can be seen this way.

In any case, just because human affairs follow certain patterns these days, don’t assume that all these patterns will persist. I doubt that the Warren Buffets and Jamie Dimons of the world will see their wealth confiscated via some new policy of the Internal Revenue Service — e.g. the proposed “tax on wealth.” Rather, its more likely that they’ll be strung up on lampposts or dragged over three miles of pavement behind their own limousines. 

After all, the second leading delusion in our culture these days, after the wish for a something-for-nothing magic energy rescue remedy, is the idea that we can politically organize our way out of the epochal predicament of civilization that we face. Piketty just feeds that secondary delusion.


Critique of Piketty's Solution

By Charles Hugh Smith on 28 April 2014 for Of Two Minds -

(http://charleshughsmith.blogspot.co.uk/2014/04/a-critique-of-pikettys-solution-to.html)

[IB Publisher's note: We have removed the charets from this article. To see them click link to original article above.]

The real problem with Piketty's taxation/social welfare solution to wealth inequality is that it does nothing to change the source of systemic inequality, debt-based neofeudalism and neocolonialism.

Those of us concerned by widening wealth/income inequality have been following the work of Thomas Piketty and Emmanuel Saez for many years. I've cited their analysis many times; for example: Two Americas: The Gap Between the Top 5% and the Bottom 95% Widens (August 18, 2010).

Thomas Piketty has taken his meticulous research and turned it into a book, Capital in the Twenty-First Century, that has catalyzed the discussion of widening inequality by essentially proving that capital expands at rates far above the overall economy and wages. Since capital grows much faster than wages or the underlying economy, the gap between earned income and unearned income (rents) widens, along with the net worth of those who own capital and those who own little to no capital.

As other reviewers have noted, Piketty's book is not a theoretical critique of capitalism, it is a data-driven exploration of how present-day capitalism drives wealth inequality. Piketty's solution to widening inequality is a global wealth tax, a solution he characterizes as utopian, for getting the world's nations to eradicate tax havens is close to impossible.

I would go further and say it is impossible within the U.S., never mind the world, as the top .1% own the political machinery. Why would anyone who owns the political process agree to tax themselves?

As a result, any wealth tax will fall not on the super-wealthy with billions of dollars of unearned rentier income but on the upper-middle class who worked, saved and invested to build a nestegg. In other words, a wealth tax will fall on the same tax donkeys who are already paying the majority of income taxes.

If I have contributed anything to the wealth inequality issue, it is the proposition that we live in a neofeudal, neocolonial economy (the New Feudalism), ruled by a New Nobility. In my analysis, neofeudalism arises from these characteristics:

1. Debt is the enforcement mechanism of feudal fealty. Debtors--those with mortgages, student loans, vehicle loans, credit card balances, etc.--are obligated to fund the rentier income of their financial masters, the New Nobility. This is the essence of a feudal arrangement.

Others have different definitions of neofeudalism.

In my analysis, the rise of neofeudalism is a direct consequence of the financialization of the economy, in which essential assets (homes, for example) and processes are commoditized into financial instruments that can be sold, leveraged, pyramided and traded globally. Once an asset or process has been commoditized, it loses all connection to individuals, communities, companies or nations: it is the perfection ofrootless capital, free to be bought and sold anywhere, any time, with no connection to the real world other than a chain of claims.

2. Society and the economy are organized so only the wealthy do not need to go into debt, which is serfdom in a neofeudal arrangement. The illusion of choice is thus maintained, a sibling of the illusion of democracy in which both party candidates are in thrall to the New Nobility.

The fiendishly Orwellian brilliance of neofedualism is this: present-day serfs opt into serfdom, just as free citizens opted into the protection of feudal lords' estates as the Roman Empire crumbled around them. It was a false choice; remain free and face ruinous taxes, or choose serfdom on a lord's estate. The present economy offers an equivalent false choice for all but the most dedicated, disciplined few who reject debt by rejecting consumerism, "growth" and the endless spew of neofeudal propaganda.
  • Want a college education? You freely choose the servitude of debt.
  • Want a house? You freely choose the servitude of debt.
  • Want a new vehicle? You freely choose the servitude of debt.
  • Neocolonialism is tightly bound to neofeudalism in my model.
3. The essence of neocolonialism is the "company store," which extends credit that can never be paid off as wages are stagnant. In a neocolonial economy in which only the top Caste of Managers, Technocrats and Professionals (the top 10%) can expand their income and wealth, debt-serfs are impoverished by servicing debt. As the real (inflation-adjusted) incomes of the bottom 90% decline or stagnate, debt service consumes an increasing amount of disposable earned income.

Debt service is guaranteed in the neocolonial model. In the old colonial model, marginalized populations were recruited to work on plantations with the false promise of wages, which never quite exceed the cost of servicing debt.

This arrangement was much neater than slavery, as the marginalized need not be bought: they freely choose their servitude. Beneath this supposed free will is of course a false choice: there is no other way to earn cash income other than working on the debt-plantation.

In the old colonial model, only those ethnicities with an iron passion for saving regardless of income (for example, the Chinese, among others), were able to accumulate enough capital to escape the debt-bondage and establish small businesses.

I explain the basic structure of neofeudalism and the neocolonialism in The E.U., Neofeudalism and the Neocolonial-Financialization Model (May 24, 2012)

The problem with Piketty's solution to the intrinsic inequalities created by financialization, neofeudalism and neocolonialism is the super-wealthy might well agree to tax those beneath them, just to prop up the arrangement that benefits them so mightily. I can easily foresee a political movement, secretly funded by the New Nobility, that taxes all wealth above $1 million, but which magically excludes wealth-holders that just happen to be the top .1%.

The New Nobility might even agree to pay a modest wealth tax, which would fund millions more recipients of food stamps, Section 8 housing and other social welfare, in effect institutionalizing neofeudalism and neocolonialism by rendering the unemployed complicit in the arrangement.

If you owned $100 million, and were earning $5 million in rentier income annually, wouldn't you agree to a $1 million tax to fund social welfare programs that kept the rabble sedated with bread and circuses? It's a no-brainer.

The real problem with Piketty's taxation/social welfare solution to wealth inequality is that it does nothing to change the source of systemic inequality, debt-based neofeudalism and neocolonialism. Simply raising more taxes to fund more social welfare programs leaves the unjust, rapacious, and ultimately destabilizing Status Quo entirely intact.

I have laid out another path in my books: refuse serfdom, abandon participation in neofeudalism and neocolonialism, and build parallel systems of cooperation and wealth-building that are not debt-dependent.

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Rancher face-off with Feds

SUBHEAD: Federal Bureau of  Land Management brings out the dogs, guns and helicopters to face rancher.

By Mac Slavo on 10 April 2014 for SHTF Plan -
(http://www.shtfplan.com/headline-news/rancher-cliven-bundy-speaks-i-dont-recognize-them-having-any-jurisdiction-or-authority-over-this-land-video_04102014)


Image above: Rancher Cliven Bundy, 67, at his ranch home in Bunkerville, NV. His family has ranched on public land in Nevada for over a century. From (http://www.wesh.com/national-news/Feds-end-Nevada-cattle-roundup/25448592).

There are reports that up to 5,000 militia members are on their way to Nevada to stand with the Bundy family against massive government overreach. Earlier today Bundy family members and friends broke through the Federal blockade to rescue cattle stuck behind enemy lines.

The man at the center of the dispute, rancher Cliven Bundy, joins Infowars‘ David Knight and Steve Quayle for an exclusive interview to discuss developments at Bunkerville, Nevada where there are now at least 300 Federal law enforcement agents surrounding the Bundy ranch.

According to Cliven Bundy, what’s at issue is that the US government has no right to call the shots over the land, as dictated by the 10th Amendment of the U.S. Constitution.

Mr. Bundy also notes that he and those arriving in the area are prepared to do whatever it takes to maintain their sovereignty.
The first thing we need to make clear is – who owns this land? That’s really not clear. We have a federal judge that says the United States owns this land. We have the United States Constitution that says Nevada owns this land.

So this is where I’m at… Let’s talk about my grazing fee… who am I supposed to pay my grazing fee to? Constitutional sovereignty of Nevada that owns this land?
No. The one I get the grazing fee bill from is the United States government.

I don’t recognize them having any jurisdiction or authority over this land. 
I do not have a contract with the United States government.

…I urge you, read the Constitution. Those founding fathers laid out how we’re supposed to act. They have all the answers already laid out for us. Why don’t we live that Constitution and be happy in America?

I know what I’m going to do. I’m going to do whatever it takes. The public and the protesters here… I think are ready to do whatever it takes, too.

In other words, this thing’s not gonna’ get over tomorrow. We’re going to fight until we win this and get our public lands back.


Image above: BLM SUVs gather as helicopter with sniper take off in face off with Cliven Bundy and his supporters. From (http://rtfitchauthor.com/2014/04/10/loading-ferals-as-we-speak/).


Victory for Bundy & Citizen Militia
SUBHEAD: Federal agents flee Bunkerville citing “Safety Concerns”. Armed ctizen militia stands down.

By Mac Slavo on 12 April 2014 for SHTF Plan -
(http://www.shtfplan.com/headline-news/victory-for-citizen-militia-fedgov-pulls-out-of-nevada-serious-concern-about-the-safety-of-employees_04122014)


Image above: Cliven Bundy is guarded by Citizens Militia in Bunkerville NV on 4/12/14. From original article.

Following an early afternoon standoff with Bundy supporters and militia, the Bureau of Land Management is withdrawing federal agents from the area. There are reports of heavy traffic on I-15 as a result of a federal caravan of exiting agencies.

Bundy ranch cowboys and hands are standing by for the BLM to open the coral gates and release cattle rounded up during this week’s raid.

Communications to the area seem to have been restored. No shots have been fired.

The resolution at this time seems to be a peaceful one, despite earlier threats from federal agents that they would shoot into the crowd if they did not disperse.

A couple hundred years ago some domestic terrorists got together and penned a Bill of Rights for a fledgling nation. Within their founding document they included a provision designed specifically to protect its newly formed experiment from tyrannical rule by way of arming its inhabitants so as to provide a backstop for those who would attempt to supplant their natural rights to life, liberty and the pursuit of happiness.

This morning we have a prime example of why the founding fathers found these steps necessary and how powerful their decree really is to ensuring the freedom of Americans.
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
Over the last two days thousands of supporters have made their way to Bunkerville, Nevada where hundreds Federal government agents had begun rounding up privately owned cattle from public lands and cordoning off protesters into remote desert First Amendment Areas.
What made this particular “protest” different from previous peaceful assemblies like Occupy Wall Street is that many of those who arrived in Bunkerville were members of citizen militias from around the country – and they were heavily armed.

In short, this time around our overreaching Federal government was out manned and outgunned.
As reported by Infowars, the Bureau of Land Management and other Federal agencies have made the decision to pull their militarized assets out of the area.
A day after Infowars blew the lid on Sen. Harry Reid’s link to the BLM’s land grab of the Bundy Ranch, the Sheriff of Clark County, Nevada, Douglas Gillespie, announced to tremendous applause Saturday that the Bureau of Land Management would cease their efforts targeting cattle rancher Cliven Bundy.
In an emotional response, Bundy told the Sheriff he had one hour to disarm the federal agency and to bring the arms to the platform where speeches were made this morning, and to take down their barricades.


Image above: BLM releases Bundy cattle after supporters of Cliven Bundy take down BLM restriction signs and block Interstate I-15 on 4/12/14. From (http://www.reviewjournal.com/news/nevada/blm-releases-bundy-cattle-after-protesters-block-southbound-i-15).

According to a statement issued by the BLM, their primary reason for ceasing operations is because of safety concerns.
Based on information about conditions on the ground, and in consultation with law enforcement, we have made a decision to conclude the cattle gather because of our serious concern about the safety of employees and members of the public.”
“We ask that all parties in the area remain peaceful and law-abiding as the Bureau of Land Management and National Park Service work to end the operation in an orderly manner.
The “information on the ground” is that there are thousands of men and women standing by and that they were prepared to take action had it become necessary.

Though the government still maintains a court order for the rounding up of cattle, they have for the time being made the decision to walk away. This is not to say they won’t return in the future, but for today, the people are victorious.

Consider how these events would have played out had those who arrived to support the Bundy family not been armed; if they had simply showed up with protest signs and cell phones.

Rather than being tied up and pepper sprayed, the brave Americans who ventured to Bunkerville held their ground, 2nd Amendment in hand, and the government determined it was no longer in their best interests to pursue the matter.
A new day has dawned in America. One where the people see that real change can happen.
Activism really does work. This incident has proven that the Patriots and the militias are worthy adversaries.  We have proven the power of social media and alternative news in the fight against tyranny. (Daily Sheeple)
The events of Bunkerville, Nevada show that the government, which so badly wants to control every aspect of our lives, can be defeated and sent packing.

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US funds small scale nuke power

SUBHEAD: Oregon nuclear power plant manufacturer gets massive federal backing for small reactors.

By By Christian Foden-Vencil on 12 December 2013 for OPB.org-
(http://www.opb.org/news/article/small-oregon-nuclear-power-plant-company-gets-massive-federal-backing/)


Image above: Unloading a NuScale reactor in your town. Oooh! It's so shiny! From (http://www.nuscalepower.com/images/home/banner_6.jpg).

[IB Publisher's note: From the annals of bad ideas. Are these people out of their fucking minds? This is a "small" company in name only. They're partnered up with giant Fluor nuclear engineering and construction corporation.]

NuScale Power, a spin-off business out of Oregon State University, will receive up to $226 million from the U.S. Department of Energy.

NuScale Power is designing a small nuclear reactor — about the size of a semi-trailer standing on its head.

Chief commercial officer Mike McGough says the money will be spent getting the Nuclear Regulatory Commission to certify the design — a task that’s expected to cost about $1 billion.

“Our plant can safely shut itself down and cool itself off indefinitely, with no operator action, with no source of power and no source of water other than what’s already in inventory inside the plant,” he said.

If NuScale secures certification, a reactor isn’t expected to be up and running until at least 2023.

It would be built in Idaho.

Oregon has tight restrictions on the construction of nuclear power facilities. For example, it would have to be approved by voters and builders would need to be able to demonstrate the safe disposal of high level waste.

McGough says the small reactors could be assembled in a factory, then shipped to where they’re needed. He says if 12 were joined together, they’d produce enough power to supply about a half million homes.
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Marijuana law turns to reason

SUBHEAD: Police groups furiously protest Eric Holder's marijuana policy announcement not to pursue state sanctioned recreational use of marijuana.

By Staff on 5 August 2013 in The Last Marijuana Trial - 
(http://the-last-marijuana-trial.com/judge-cannabis-ministers-religion-protected-under-rfra/)

Image above: Roger Christie in happier days before being incarcerated without trial for three years at the request of ObamaJustice Department. From (http://www.420magazine.com/forums/international-cannabis-news/196576-religion-marijuana-infused-faith-pushes-commonly-held-limits.html)

On Wednesday, July 31, 2013, U.S. District Court Judge Leslie E. Kobayashi ruled that imprisoned Cannabis Minister, Rev. Roger Christie, can present a religious defense at trial.

The court ruled as a matter of law that Christie’s religion is legitimate, his belief is sincere, and that the government’s action was a substantial burden on the legitimate exercise of his religion.

The ruling establishes that the prosecution must now prove at a hearing that Christie’s arrest and incarceration was the least restrictive means of upholding the law — and that the federal government had a compelling interest in prosecuting him.

The Court has yet to rule on Christie’s recent RFRA (Religious Freedom Restoration Act) motion. If she grants the motion, the case against Christie will be dismissed. If she does not grant the motion, Christie will still be able to present a religious defense at trial as to the element of the intent to distribute.

Christie has been held in detention without bail at the Honolulu Federal Detention Center since his arrest by federal authorities on July 8, 2010. He is charged with distributing marijuana to his parishioners.

Comment by Vicki:
 The case of Roger Christie will go down in history as one of the most egregious abrogations of a citizen’s Constitutional rights – ever. Murderers, rapists, psychopaths, even cannibals roam free on bail while the Reverend of a Church sits in a dungeon for the crime of seeking God with the help of the herb that He placed here to take care of most of our needs.

Cannabis nourishes our bodies and our souls, clothes us, inspires ideas and provides the paper to write them on, inspires music and the joy to dance to it, can be used as fuel, and is the most potent medicine available that can cure cancer and a myriad other ills, with no toxic side effects. No one has ever died from taking it.

Yet, these agents of our Federal Government whom we pay with our hard-earned tax dollars to keep us safe, have seen fit to deny him his Constitutional rights – the very rights that define us as a nation. The rights that once set this nation apart from those such as North Korea or China.

I ask you, who presents the greatest threat to our safety? Roger, or these misguided agents?




Justice Dept won't challenge States

By Phil Mattingly on 30 August 2013 for Bloomberg News
(http://www.bloomberg.com/news/2013-08-29/u-s-won-t-sue-to-block-state-marijuana-legalization.html)

The U.S. won’t challenge laws in Colorado and Washington that legalized the recreational use of marijuana and will focus federal prosecutions on ties to criminal organizations, distribution to minors and transportation across state lines, the Justice Department said.

Attorney General Eric Holder told the governors of the two states that U.S. attorneys will focus on certain priority areas and work with them to set rules for the marijuana industry.

The decision marks the first time the U.S. government has condoned recreational marijuana use and opens the door for other states to consider it. Voters in Washington and Colorado became the first to legalize it in November. Nineteen states allow medical marijuana use, according to the National Conference of State Legislatures.

In a memo to federal prosecutors around the country, Deputy Attorney General James Cole said that, beyond the priority areas, “the federal government has traditionally relied on states and local law enforcement agencies to address marijuana activity” under their own laws.

The new guidelines are “a major and historic step toward ending marijuana prohibition,” said Dan Riffle, federal policy director for the Marijuana Policy Project.

“The next step is for Congress to act,” said Riffle, whose Washington-based group is the largest advocating legalization. “We need to fix our nation’s broken marijuana laws and not just continue to work around them.”

Growing, selling or possessing marijuana remains illegal under federal law.

Criminal Activity

The federal priorities include monitoring marijuana activities for ties to criminal organizations, distribution to minors and transportation across state lines. Prosecutors have also been instructed to focus on preventing state-authorized endeavors from being used as a cover for trafficking other illegal drugs, violence in pot cultivation and driving under the influence of marijuana.

The government will also pursue cases where marijuana is grown on public lands or when it is carried on federal property, according to the Justice Department’s memo.

Officials in Washington and Colorado, as well as businesses associated with marijuana, have been pressing the Justice Department to make a decision on what the federal government would do where recreational use has been legalized.

“This very carefully considered approach by the federal government will allow our state to move forward and show the country a way a well-regulated system can be effectuated in a state while still respecting the federal Controlled Substances Act,” Washington Governor Jay Inslee, a 62-year-old Democrat, said today at a news briefing in Olympia.

Trusting States

“What I’m hearing from the federal government is that they believe there’s a reason to trust the states of Colorado and Washington,” Inslee told reporters. “So we’re not going to allow distribution of this product in a way that has massive leakage outside the state of Washington. We’re not going to allow distribution of this product to minors.”

Colorado Democratic Governor John Hickenlooper, 61, said the state shares the Justice Department’s enforcement priorities. The state is “determined to keep marijuana businesses from being fronts for criminal enterprises or other illegal activity,” he said in a statement.

‘A Mistake’

New Jersey Governor Chris Christie, 50, a Republican who is seeking re-election in November and may run for president in 2016, called Holder’s decision not to challenge recreational marijuana laws “a mistake.”

It amounts to a “de facto” legalization, said Christie, a former U.S. attorney. New Jersey won’t move toward legalizing the recreational use of marijuana, the governor told reporters in Point Pleasant today.

Washington and Colorado have been designing regulations for the cultivation and sale of recreational marijuana while the Obama administration formulated its position on the state laws.

The Justice Department said it reserves the right to preempt the states should they run afoul of the new guidelines.


 Cops want continuing drug money 

By Ryan Grim on 30 August 2013 for Huffington Post -
(http://www.huffingtonpost.com/2013/08/30/police-eric-holder-marijuana-_n_3846518.html)


Image above: DEA agents remove "evidence" in pot dispensary raid in san Diaego 4/23/13. Look like regular cops to me - except for the face hoods. From (http://www.utsandiego.com/news/2013/Apr/23/marijuana-dispensary-cole-ntf-raid/)


A broad coalition of law enforcement officers who have spent the past three decades waging an increasingly militarized drug war that has failed to reduce drug use doesn't want to give up the fight.

Organizations that include sheriffs, narcotics officers and big-city police chiefs slammed Attorney General Eric Holder in a joint letter Friday, expressing "extreme disappointment" at his announcement that the Department of Justice would allow Colorado and Washington to implement state laws that legalized recreational marijuana for adults.

If there had been doubt about how meaningful Holder's move was, the fury reflected in the police response eliminates it. The role of law enforcement is traditionally understood to be limited to enforcing laws, but police organizations have become increasingly powerful political actors, and lashed out at Holder for not consulting sufficiently before adopting the new policy.

"It is unacceptable that the Department of Justice did not consult our organizations -- whose members will be directly impacted -- for meaningful input ahead of this important decision," the letter reads. "Our organizations were given notice just thirty minutes before the official announcement was made public and were not given the adequate forum ahead of time to express our concerns with the Department’s conclusion on this matter.

Simply 'checking the box' by alerting law enforcement officials right before a decision is announced is not enough and certainly does not show an understanding of the value the Federal, state, local and tribal law enforcement partnerships bring to the Department of Justice and the public safety discussion."

The missive was signed by the Major County Sheriffs’ Association, the National Sheriffs’ Association, the Association of State Criminal Investigative Agencies, the International Association of Chiefs of Police, the National Narcotic Officers Associations’ Coalition, the Major Cities Chiefs Police Association and the Police Executive Research Forum.

Law enforcement, the police groups said, "becomes infinitely harder for our front-line men and women given the Department’s position."

The Justice Department declined to respond.

Local law enforcement agencies rely heavily on the drug war for funding. Police departments are often able to keep a large portion of the assets they seize during drug raids, even if charges are never brought. And federal grants for drug war operations make up a sizable portion of local law enforcement funding.

The letter warns that marijuana can cause suicidal thoughts, impairs driving and is a "gateway drug." The missive does not, however, address the failure of law enforcement generally to reduce drug use, even while tripling the number of people behind bars. Instead, the police warn that liberalizing pot laws will lead to an increase in crime.

"The decision will undoubtedly have grave unintended consequences, including a reversal of the declining crime rates that we as law enforcement practitioners have spent more than a decade maintaining," the officers write.

Worse, they warn, more states are likely to follow Washington and Colorado.

"The failure of the Department of Justice to challenge state policies that clearly contradict Federal law is both unacceptable and unprecedented. The failure of the Federal government to act in this matter is an open invitation to other states to legalize marijuana in defiance of federal law," they write.E


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This is an Extraordinary Time

SUBHEAD: We have two economies - the simulacrum one of stocks soaring, and the real one of earnings and hours-worked plummeting.

By Charles Hugh Smith on 22 June 2013 for Of Two Minds -
(http://charleshughsmith.blogspot.co.uk/2013/06/this-is-extraordinary-time.html)


Image above: Illustration of for article on Casino Banking in The Freeman. From (http://www.lovingtruthbooks.com/Res.aspx?xr=t&Sku=2859).

It's as if we have two economies - the simulacrum one of stocks soaring and the real one of earnings and hours worked plummeting.

It is difficult to justify the feeling that we are living in an extraordinary moment in time, for the fundamental reason that it's impossible to accurately assess the present in a historical context.

Extraordinary moments are most easily marked by dramatic events such as declarations of war or election results; lacking such a visible demarcation, what sets this month of 2013 apart from any other month since the Lehman Brothers' collapse in 2008?

It seems to me that the ordinariness of June 2013 is masking its true nature as a turning point. Humans soon habituate to whatever conditions they inhabit, and this adaptive trait robs us of the ability to discern just how extraordinary the situation has become.

In my 59-year lifetime, the dramatic, this-is-history-happening moments are obvious: the Kennedy assassination, 9/11, and so on. Other tidal changes developed over a period of months or years: Watergate, which ballooned from a minor break-in to a constitutional crisis, is a good example. So is the financial meltdown of 2008, which actually began back in 2001 when the Federal Reserve chose a policy of super-low interest rates and super-abundant liquidity to lessen the post-dot-com recession.

I have an unavoidable sense that May-June 2013 is the high water mark of the political/financial response to the global financial meltdown of 2008. Nothing systemic has changed in the five years; the status quo financial and political systems have made cosmetic reforms, but the power structures have not changed at all.

The status quo has simply ramped up its traditional policies: since lowering interest rates didn't spark a strong recovery, then lower rates to zero, and so on: more money creation, more credit creation, more bond purchases, more subsidies for housing, more transfers of private debt to the public ledger--more of what has failed spectacularly.

That's what marks June 2013 as extraordinary: the Powers That Be have gone all-in. If their policies fail to ignite a self-sustaining recovery in the real economy, there are no policy options left.

Those who don't follow finance might not have noticed the extraordinary nature of recent financial events: Japan's stock market rose by 75% since December before reversing sharply, the U.S. S&P 500 climbed 24% in 2013, gold crashed by over $200 in a matter of hours, and the Japanese yen has lost a quarter of its value (in U.S. dollars) in a matter of months.

None of this makes sense in terms of the real economy: U.S. corporations didn't suddenly become 25% more profitable; Japan's economy did not expand by 75% in five months, and none of the fundamentals in the value of gold suddenly changed overnight.

These rapid, gargantuan fluctuations are disconnected from the real economy. This in itself is extraordinary. The financial press explains these bubble-like advances and collapses in terms that only make sense to financiers: the yen-dollar pair, the yen carry trade, etc.

That complex, abstract financier policies and trading strategies now dominate stocks, bonds and precious metals is also extraordinary.

I have endeavored to understand the fundamentals behind these wild fluctuations proposed by the media, and have concluded none of it makes any sense in conventional economic terms. To mention just one example: gold has traditionally been viewed as a hedge against inflation. Gold's collapse is being attributed to lower expectations of inflation. OK, so there's no inflation, ergo, the global economy is in slow-growth/no-growth mode, hence no inflation. Then what is powering global stocks higher? We're told "an improving global economy" is the driving force, but the data on this supposed recovery is mixed at best.

Some observers claim gold dropped because the yen dropped and the U.S. dollar strengthened, but a glance at the 10-year chart of gold and the dollar quickly disproves any correlation: gold rose when the dollar dropped and when it rose.

This is another extraordinary thing about the present: none of these moves make any sense. Pundits and analysts are seeking explanations after the fact, postulating correlations as causes with little historical backing. It's as if the financial media is incapable of confessing none of this makes sense, and instead the media piles one complex explanation on top of another to justify what is clearly an extraordinary disconnect between the real economy and asset valuations.

Bottom line: even if the global economy is improving (and there is ample evidence that data is being juiced or manipulated), it isn't improving enough to justify stocks rising by 25% to 75% in a matter of months.

Real estate is also back in bubble territory, in those markets with plentiful capital and limited inventory: we're back to bidding wars and dozens of people competing for the right to buy an ordinary home.

The bond prices of fatally insolvent European governments have fallen, as if these economies have suddenly been restored to health and fast growth by European Central Bank (ECB) intervention. European stock markets are roaring higher as well. Neither makes any sense in terms of traditional risk-pricing, price-earnings ratios and so on.

We are living in an extraordinary global financial experiment, in which financier tricks (zero interest rates and massive injections of credit and liquidity) have been pushed to their red-line limit in the hopes that these extraordinary measures will finally, after five long years, trigger a self-sustaining expansion of the real economy.

Those in charge of the experiment are constantly reassuring us it has already succeeded. I think the data shows the experiment is in the final blow-off stage in which the beaker full of toxic ingredients is bubbling with dangerous vigor.

There is one last extraordinary feature of this time: the data "proving" the experiment is successful is self-referential: drop interest rates to zero and subsidize housing, and voila, you get a surge in building permits. Take one full-time job and turn it into 1.5 part-time jobs, and voila, the unemployment rate declines and the number of jobs increases.

Then take these metrics (higher permits and jobs), weigh them heavily in your measure of leading indicators, and then declare the leading indicators "prove" the recovery is self-sustaining.

All this leads to a question: what would happen to the economy if all the financier tricks were stopped, and the price of risk, credit, assets, etc. were discovered by the marketplace?

It's as if we have two economies: the simulacrum one of stocks rising 75% in a few months, and the real one of household earnings (down) and hours worked (down). Eventually these two economies will have to merge into one. I sense 2013 will be the critical year when the schizophrenia is resolved one way or the other.



Financialization, Debtocracy, Diminishing ReturnsSUBHEAD: Every asset (housing, bonds and stocks) that depends on cheap  abundant credit is doomed.

By Charles Hugh Smith on 20 June 2013 for Of Two Minds - 
(http://charleshughsmith.blogspot.co.uk/2013/06/every-asset-that-depends-on-cheap.html)

About a month ago I asked What If Stocks, Bonds and Housing All Go Down Together? (May 24, 2013). Why would such an outrageous thought even occur to me?

Four words: financialization, debtocracy, diminishing returns. The entire global economy, developed and developing nations alike, is now dependent on cheap, abundant credit for everything: for "growth," for asset inflation, and ultimately for central state deficit spending, which props up all the cartels, rentier arrangements, fiefdoms and armies of toadies, lackeys, apparatchiks and embezzlers that suck off the Status Quo.

I have long endeavored to explain the harsh reality of neofeudal, neocolonial financialization: Neofeudalism and the Neocolonial-Financialization Model (May 24, 2012) and the neofeudal debtocracy that depends on low yields (interest rates) to enable enormous deficit spending: Why Krugman and the Keynesians Are Lackeys for the Neofeudal Debtocracy (April 24, 2013).

The wheels fall off the entire financialized debtocracy wagon once yields rise.There's nothing mysterious about this:

1. As interest rates/yields rise, all the existing bonds paying next to nothing plummet in market value

2. As mortgage rates rise, there's nobody left who can afford Housing Bubble 2.0 prices, so home prices fall off a cliff

3. Once you can get 5+% yield on cash again, few people are willing to risk capital in the equities markets in the hopes that they can earn more than 5% yield before the next crash wipes out 40% of their equity

4. As asset classes decline, lenders are wary of loaning money against these assets; if the collateral for the loan (real estate, bonds, stocks, etc.) are in a waterfall decline, no sane lender will risk capital on a bet that the collateral will be sufficient to cover losses should the borrower default.

Let's take a look at four charts about housing and household net worth. For the middle class, the home remains the key asset, so housing and household net worth are correlated.

Since 1970 mortgage rates  rates were pushed to 17+% to snuff inflation in the early 1980s, and they've dropped over the past 30 years to historic lows: the rate for a fixed-rate 30-year conventional mortgage was about 3.5% a few weeks ago. It has now risen above 4%.

In the golden age of growth from 1991 to 2002, mortgages rates bounced between about 7% and 9%. The band from 1970 to 1979 was about 7.5% to 10%.

In other words, in eras of strong growth and low inflation, mortgage rates have been around 7% to 9%. So what happens to the monthly payments when the mortgage rate doubles from 4% to 8%? The monthly payments rise by about 54%. And what happens to the price of houses when rates double? They fall to the point that households borrowing money at 7.5% - 8% can afford to buy a house, i.e. a price much lower than today's Housing Bubble 2.0 prices.

If mortgage debt had expanded at the previous rate, total debt would be closer to $5 trillion instead of $10 trillion.

When debt becomes cheap and abundant: debt rises faster than wages or assets.

But hasn't household wealth increased mightily in the past decades? Here is a chart that plots the relationship of household net worth and total credit owed, i.e. debt:

Household wealth may be rising, but what this chart reveals is debt is rising even faster--that's why the line is declining. Put another way, every dollar of new debt is generating less and less wealth.

You might think that The Federal Reserve's policy of making credit cheap and abundant would goose people to consume and invest more money. Alas, the velocity of money is hitting historic lows: the Fed may be creating credit but people and enterprises aren't putting that money into circulation.

It's called diminishing returns: every dollar of debt creates interest payments, but it's no longer doing households or enterprises any good. The Fatal Disease of the Status Quo: Diminishing Returns (May 1, 2013).

That's why all asset classes that depend on cheap, abundant credit are doomed: once yields/rates rise, the valuations of those assets implode. And once valuations implode, there's not enough collateral left to support the loans used buy all those cheap-credit-inflated assets. So the financial system also implodes.

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Hawaii Fishery Management

SUBHEAD: National Marine Sanctuary Regulations under review do not adequately describe subsistance fishing as practiced in Hawaii.

By Lynn McNutt on 6 February 2013 for Island Breath -
(http://islandbreath.blogspot.com/2013/02/hawaii-fishery-management.html)


Image above: Image above: Detail of conference poster celebrating the gathering of the net created by Oliver Kinney. From (http://islandbreath.blogspot.com/2010/11/aha-moku-gathering.html).

The current definitions of traditional and subsistence fisheries contained in the National Marine Sanctuary Regulations (under review), do not adequately describe fisheries as practiced in Hawaii, and actually exclude many of the most important cultural and local economic benefits.

 While giving lip serve to the traditional and subsistence categories, the definitions put forward for fisheries only include commercial and recreational categories, unless specifically noted elsewhere. In reading the proposed revisions for this document, I could only find traditional and/or subsistence fishing being acknowledged in the Thunder Bay, MN, Olympic Coast, WA and American Samoan Sanctuaries.

All marine sanctuaries and/or monuments in Hawaii Must include the categories of traditional and subsistence fishing, and not as a subcategory under the definition for either commercial or recreational fisheries, since the activities in Hawaii are neither commercial nor recreational. As part of another regulatory document, WESPAC included a definition of "customary exchange" to cover non-market (commercial) fisheries with local cultural and economic benefits. While I don't like the term "customary exchange" as a replacement for traditional or subsistence fishing, the description of the activities and the local benefits are well described:
"Define customary exchange as the non-market exchange of marine resources between fishermen and community residents, and the residents’ families and friends, for goods, services, and/or social support, for cultural, social, or religious reasons, and may include cost recovery through monetary reimbursements and other means for actual trip expenses (e.g., ice, bait, food, or fuel) that may be necessary to participate in fisheries in the western Pacific."
In writing this new draft of the Sanctuary Management Plan I strongly urge DLNR and NOAA to include true and honest working definitions for traditional and subsistence fishing, recognize these as activities that were in place before the Sanctuary was formed, protect these activities for the people of Hawaii nei in all Sanctuary documents (including the National Marine Sanctuary Regulations), and include these human, cultural and economic aspects in any discussion of 'ecosystem management', as defined below.

The following are definitions of taken from Burroughs (2011, Island Press) in a book entitled "Coastal Governance". I include definitions of "ecosystem governance', "ecosystem-based management" and "ecosystem-based fisheries management". This publication is a textbook used to teach about ecosystem management and coastal governance at the University of Hawaii. In the past, the National Marine Humpback Whale Sanctuary representatives have expressed that they would like to do ecosystem management for Hawaiian Sanctuary waters. However, when describing the approach, it seems to fall more closely within the definition of ecosystem-based fisheries management, not true ecosystem-based management, which includes people, societal mores, and economics.

I urge DLNR to decide if the approach discussed for Hawaii is truly one of ecosystem-based management, or just ecosystem-based fisheries management, In other words, is the approach being proposed truly ecosystem-based management? I do not recommend that DLNR or NOAA follow the ecosystem-based fisheries model. If DLNR and NOAA intend to engage in fisheries management, then, please stop calling the approach ecosystem-based management. They are not the same thing.
Ecosystem Governance: Recognizes the interrelationships among natural (biological, chemical, geological, physical) systems and related social systems and seeks to shape human behavior so that both are sustained using both governmental (law, regulations) and nongovernmental (markets, voluntary organizations, social mores, information) means.

Ecosystem-based Management: Structuring societal behavior in ocean and coastal systems so that humans promote ecosystem health and resilience while allowing sustainable uses of goods and services.

Ecosystem-based fisheries management: Promotion of ecosystem health and resilience rather than single-species management when considering harvest, habitat, predators, and prey of the target species in addition to other interactions.
See also:
Ea O Ka Aina: Net Fishing Restrictions 1/24/13
Ea O Ka Aina: Navy Licenseto Kill 10/9/12
Ea O Ka Aina: Feds Threaten Hawaii Sovereignty 1/31/12

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Vermont Zombie Nuclear Plant

SUBHEAD: Vermont denied the right to shut down the state's aging nuclear power plant when it's license expires.

By Staff on 18 February 2012 for Reuter's
(http://www.reuters.com/article/2012/02/18/us-utilities-entergy-vermontyankee-idUSTRE81H0N520120218)


Image above: Protestors hold signs during a vigil to support the closing of the Vermont Yankee nuclear power plant at the Statehouse 1/23/12.. From (http://radioboston.wbur.org/2012/03/05/vermont-yankee-nuclear-aging).

Vermont's Attorney General appealed on Saturday a federal judge's ruling that had prevented the state from shutting down its only nuclear power plant, escalating a two-year battle over state's rights and atomic energy.

Last month, U.S. District Court Judge J. Garvan Murtha ruled that federal law preempted a state law that would have shut the Vermont Yankee plant in March, at the end of its original 40-year operating license.

Vermont Governor Peter Shumlin says the state secured the right to decide whether it continues running as a condition of operator Entergy Corp's purchase of the plant in 2002.
Although Vermont is the only state in the nation with authority over its nuclear facilities, the debate is being closely followed by other states like New York that want more say over whether to continue running older plants.

"We have strong arguments to make on appeal. The district court's decision improperly limits the State's legitimate role in deciding whether Vermont Yankee should operate in Vermont beyond March 21, 2012," Attorney General William H. Sorrell said in a statement on Saturday.
"The court's undue reliance on the discussions among our citizen legislators, expert witnesses, advocates, and their constituents has the potential to chill legislative debates in the future. Left unchallenged, this decision could make it harder for ordinary Vermonters to clearly state their views in future legislative hearings," Sorrell said.

The Second Circuit Court of Appeals in New York City will hear the appeal, he said.
While debate over the safety of nuclear energy has intensified since last year's Fukushima disaster in Japan, the battle over Vermont Yankee goes back several years.

In February 2010, the Vermont Senate, then headed by now Governor Shumlin, voted 26-4 against authorizing the Public Service Board to issue a certificate of public good that the state required in order to keep the 620-megawatt plant running.

But last year, U.S. Nuclear Regulatory Commission (NRC) -- which has authority over the nation's nuclear fleet - extended Vermont Yankee's original 40-year operating license for another 20 years until 2032.


"We as a state have had many important and legitimate concerns with Entergy Louisiana and its operation of Vermont Yankee that are not reflected in (Murtha's) opinion," Shumlin said in a statement on Saturday. "I support the Attorney General's work in getting a positive result on appeal."
STATUS CONFERENCE MARCH 9
Judge Murtha blocked the state from shutting the reactor before March 21, but required Entergy to seek the certificate of public good from the Board. Entergy has now filed for that certificate, which would extend operations another 20 years.
New Orleans-based Entergy Corp, the country's second-biggest nuclear power operator, said on Saturday it was ready to respond to the appeal and committed to ensuring the plant, which employs 600 people, continues to generate power.
The Public Service Board has scheduled a status conference on the Vermont Yankee case for March 9, according to state utility regulators.
In its filing with the Public Service Board, Entergy said the Board already "has a fully sufficient record, without taking any additional evidence, to issue a decision either amending the existing certificate of public good or issuing a new one to authorize operation of Vermont Yankee for twenty years."
Entergy originally filed with the Board in 2008 and hearings were held in 2009 before the state senate voted in 2010 to stop the Board from deciding on the certificate.
The Public Service Board is a quasi judicial board that supervises rates, quality of service and financial management of the state's utilities, including Vermont Yankee.
In his January 19 decision, Judge Murtha ruled the state laws were preempted by the Federal Atomic Energy Act because the state laws were enacted with radiological safety concerns in mind. The safety of nuclear power is a federal issue, not a state issue.
One state act required legislative approval for continued operation of the plant after March 21, 2012 before the Public Service Board could decide to grant a certificate of public good.
The state gained authority over the plant in 2002, when Entergy bought it from New England utilities and agreed to seek a new certificate of public good if it decided to run the plant beyond March 2012 when its first license expired.
Other states like New York are keen to have that kind of power over the state's nuclear plants.
New York Governor Andrew Cuomo wants to shut Entergy's 2,063-MW Indian Point plant in part because it is located within the heavily populated New York metropolitan area just 45 miles north of Manhattan. Entergy hopes to keep running the two reactors for another 20 years after their federal operating licenses expire in 2013 and 2015.
See also: Ea O Ka Aina: NRC knows but hides info 7/10/11 Ea O Ka Aina: Katrina in New England 8/29/11 .

Raw Milk is Safe

SOURCE: Katie Gelfling (k.gelfling@gmail.com) SUBHEAD: US government data indicates risk associated with raw milk is less than for most other foods. By Sara on 1 August 2012 for the Healthy Home Economist - (http://www.thehealthyhomeeconomist.com/government-data-proves-raw-milk-is-safe/) Image above: Painting of "The Milkmaid with her Cows on a Summer Day" by Julien Dupre. From (http://www.paintinghere.com/painting/A_Milkmaid_with_her_Cows_on_a_Summer_Day_830.html). I guess ambulance chasers like food borne illness attorney Bill Marler have to do something for a living. Otherwise, why would they attempt to demonize an inherently safe, healthy food like raw milk?

This just in from researcher Dr. Ted Beals MD as published in the Wise Traditions Journal, Summer 2011:

Raw Milk Risk Extremely Small Compared to Risk of Other Foods

WASHINGTON, DC June 22, 2011: Data gleaned from U.S. government websites and government-sanctioned reports on foodborne illnesses show that the risk of contracting foodborne illness by consuming raw milk is much smaller than the risk of becoming ill from other foods, according to research by Dr. Ted Beals, MD, appearing in the Summer, 2011 issue of Wise Traditions, the quarterly journal of the Weston A. Price Foundation.

“At last we have access to the numbers we need to determine the risk of consuming raw milk on a per-person basis,” says Sally Fallon Morell, president of the Weston A. Price Foundation, a non-profit nutrition education foundation that provides information on the health benefits of raw, whole milk from pastured cows.

The key figure that permits a calculation of raw milk illnesses on a per-person basis comes from a 2007 Centers for Disease Control (CDC) FoodNet survey, which found that 3.04 percent of the population consumes raw milk, or about 9.4 million people, based on the 2010 census. This number may in fact be larger in 2011 as raw milk is growing in popularity. For example, sales of raw milk increased 25 percent in California in 2010, while sales of pasteurized milk declined 3 percent.

In addition, Dr. Beals has compiled published reports of illness attributed to raw milk from 1999 to 2010. During the eleven-year period, illnesses attributed to raw milk averaged 42 per year.

“Using government figures for foodborne illness for the entire population, Dr. Beals has shown that you are about thirty-five thousand times more likely to get sick from other foods than you are from raw milk,” says Fallon Morell. “And with good management practices in small grass-based dairies offering fresh unprocessed whole milk for direct human consumption, we may be able to reduce the risk even further.”

“It is irresponsible for senior national government officials to oppose raw milk, claiming that it is inherently hazardous,” says Dr. Beals. “There is no justification for opposing the sale of raw milk or warning against its inclusion in the diets of children and adults.”

According to Pete Kennedy, president of the Farm-to-Consumer Legal Defense Fund, “Where raw milk is concerned, the FDA has an agenda apart from protecting the public health. The agency wants to restrict and discourage the sale of unprocessed dairy products. This will have the effect of denying freedom of choice.”

“Every time there is a possible connection between illness and raw milk, government officials issue dire press releases and call for bans on raw milk sales,” says Fallon Morell. “However, these numbers fail to justify the government opposition and prove what we’ve known all along, that raw milk is a safe and healthy food.”

See also: www.realmilk.com/real-milk-pathogens.html

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Feds Threaten Hawaiian Sovereignty

SOURCE: Ken Taylor (taylork021@hawaii.rr.com)
SUBHEAD: The Whale Sanctuary regulation changes means Hawaiian waters resources are under Federal control.  

By Lyn McNutt on 31 January 2012 in Island Breath -
(http://islandbreath.blogspot.com/2012/02/feds-threaten-hawaiian-sovereignty.html)


Image above: Detail of map of the waters of the Hawaiian Islands Humpback Whale National Monument Sanctuary.
From (http://sanctuaries.noaa.gov/library/imast_gis.html).

There have been changes proposed to the Humpback Whale Sanctuary that will immensely increase the power of the Federal government in Hawaiian waters, taking away the State's jurisdiction to its own waters. This takes the rights of Hawaiian residents (1.4 M) and places them at the whim of the "American people" in general, some 300-400 Million of them. This is very troubling due to the way that the National Marine Sanctuary Act and the Endangered Species Act function.

People are being lead to believe that Hawaiian peoples' rights will somehow be preserved after these changes, but my experience of how the Federal system of regulatory laws works leads me to believe that expanding any authority of the Federal government within the sanctuary can lead to very undesirable consequences (see review of compact agreement below). Currently Hawaiian Islands Humpback Whale National Monument Sanctuary (HIHWNMS) Act says:
"Sanctuary resource means any humpback whale, or the humpback whale’s habitat within the Sanctuary."
Keep in mind that whales do NOT come here to feed, so they do not compete with native Hawaiian species for resources. This is the proposed change:
"Sanctuary resource means any living or non-living resource of the National Marine Sanctuary that contributes to the conservation, recreational, ecological, historical, research, educational, or aesthetic value of the Sanctuary, including, but not limited to, the substratum of the area of the Sanctuary, other submerged features and the surrounding seabed, carbonate rock, corals and other bottom formations, coralline algae and other marine plants and algae, marine invertebrates, brine-seep biota, phytoplankton, zooplankton, fish, seabirds, sea turtles and other marine reptiles, marine mammals and historical resources."
Please NOTE that there is NO MENTION of subsistence use. In other words. everything will belong to the Feds.
The key wording in the HIHWNMS Act is this:
'The purpose of the regulations in this subpart is to implement the designation of the Hawaiian Islands Humpback Whale National Marine Sanctuary by regulating activities affecting the resources of the Sanctuary"
Therefore under the current definition of "Sanctuary resources", the sanctuary's mandate is limited to "humpback whales or the humpback whale's habitat". Under the ecosystem based management method "resources" means...

EVERYTHING INCLUDING ROCKS, WHAT IS UNDER ROCKS, AND EVERY LIVING THING IN THE WATER AND SEABIRDS ABOVE THE WATER'S SURFACE

...becomes subject to protection and regulation. Please, consider the longterm consequences of this change for the people of Hawaii. With the Federal laws as currently enforced, and the agreements in place, there really is no protection (see below) 

Notes on the Compact Agreement with the State of Hawaii and NOAA 

Please note in the agreement that NOAA, through the Sanctuary Act "has been vested with the jurisdiction and authority to protect and manage the resources of this sanctuary in trust for the People of the United States and is specifically charged with implementation of the policy of the United States". (bold lettering is mine). There is your catch because the policies of the United States may not be consistent with the laws or regulations or needs of the state of Hawaii. This allows NOAA to bring in a whole slew of federal rules and policies INCLUDING the new National Ocean Policy (remember, we have no exemptions or Strategic Plan under that policy---what goes for the Mainland goes for us, too). Section IV (D) States clearly that NOAA and the State will collaborate, but the management of the Sanctuary falls under the laws in the National Marine Sanctuary Act. In Section IV (D) (2) it says that...
"To the extent permitted by law, there shall be mutual agreement regarding enforcement policies and priorities."
The main title of that section indicates that the "law" is the "National Marine Sanctuary Act, the Sanctuary Management Plan, and MOAs, and protocols developed thereunder". ALL of these will trump the State, so beware. The agreement keeps saying that nothing will happen without the signature of the Governor, but when it comes to the Governor proposing changes (section IV (H) it says "...NOAA shall initiate the Federal rule promulgation process required to make revisions requested by the Governor..." Here is where the Endangered Species Act and other federal laws will come in. NOAA consistently "outvoted" the state in the Northwest Hawaiian Islands, and overrode the State's veto of several items related to several different species, the monk seal in particular (V. Alter, Stanford Law School, April 2006, available on request).

 It also does NOT say that fishing will not be regulated (it never mentions subsistence fishing, by the way). It says fishing is currently not included, unless DLNR implements new regulations. So, all they have to do is ask the State... and the State has a dismal record here.

  Also, the National Marine Sanctuary Act says that the Feds have the authority to "take over" if they feel that the State is not enacting laws and regulations that are effective enough. The Endangered Species Act permits the Federal Government to regulate the State's treatment of endangered species.  

So it goes back to the Federal Law trumping State law if there is a conflict in the goals of the Management Plan, and then National Marine Fisheries Service (NMFS) is the agency that will decide what needs to be done, all within the authority of the Sanctuary Act and the Endangered Species Act, under the new National Ocean Policy.

Section IV M gives NMFS oversight of all the resources for the Federal Government in the Sanctuary through "implementation of the management plan" and gives them the authority to "evaluate the effectivenedss of existing management efforts in achieving those abjectives and policies including whether additional measures (e.g. regulations or critical habitat) to protect the humpback whale or its habitat are needed)"

 OK, now substitute the word "monk seal" or "coral" for humpback whale in that sentence, and you will see that NMFS will have the authority to enact anything that they feel necessary under the ESA through the management plan and into the Sanctuary as part of the National Marine Sanctuary Act and this agreement. It also says that NOAA will "fully involve and consult with the State". It does not say that they are obligated to listen to the State. Section IV (A) says that the State doesn't relinquish its right to "title or authority to manage and regulate submerged lands, resources, or activities..." but the next two sections go on to say that the Governor agrees to put state owned lands into the Sanctuary system, and that the Sanctuary Management Plan (and therefore the laws of the Sanctuary Act) will apply throughout the ... "Sanctuary, including the portion of the Sanctuary within the seaward boundary of the State."

MOAs and Compact Agreements with references to external documents are really tricky. I used to run into the same thing with all the Space Station agreements, etc. This Agreement looks OK on the surface, since whales don't compete for resources here. Whales DO NOT EAT while they are here. Keeping this agreement in place and giving the Sanctuary the authority to add additional species that might compete for resources, such as the monk seal, would be a real mistake. They will have to create a new agreement. Stand firm on this.
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Let's Reclassify Marijuana

SUBHEAD: Obama DOJ attacking legal marijuana use as governors call for states rights on the issue. By Lucia Graves on 30 November 2011 for Huffington Post - (http://www.huffingtonpost.com/2011/11/30/feds-reclassify-marijuana_n_1122042.html) Image above: DEA agents during a marijuana raid in Humboldt County, California. From (http://news.humcounty.com/Heraldo_Says_The_End_Is_Near.html). Govs. Lincoln Chafee (I-R.I) and Chris Gregoire (D-Wash.) on Wednesday called on the Drug Enforcement Administration to reclassify marijuana as a Schedule II drug, which would allow it to be dispensed for medicinal use.

This move by the governors marks the latest development in a larger struggle to curb the threat of a federal crackdown on medical marijuana dispensaries operating in accordance with state drug laws.

Rhode Island and Washington are just two of 16 states that have legalized the use of medical marijuana, but which in recent months have faced ramped-up enforcement actions from federal prosecutors. In California, for instance, U.S. attorneys have shuttered multiple state-licensed marijuana dispensaries that had been operating in accordance with local laws and government for as long as 15 years.

"The divergence in state and federal law creates a situation where there is no regulated and safe system to supply legitimate patients who may need medical cannabis," wrote the governors in their letter. "State and local governments cannot adopt a regulatory framework to ensure a safe supply is available for - and limited to - legitimate medical use without putting their employees at risk of violating federal law."

The governors aim to reclassify marijuana as a Schedule II drug, along with cocaine, morphine and opium, drugs that, while they do have the potential for abuse and addiction, can also be dispensed for medical uses. Marijuana is currently classified as Schedule I drug, along with heroin, LSD and mescaline.

Chafee earlier this year declined to move forward with a state medical marijuana law after federal prosecutors said state pot shops would be subject to persecution under federal law. Such a gray area between state and federal law, the lawmakers emphasized in their letter, should not be allowed to continue.

"A public rulemaking process would allow all interested parties to contribute their comments and expertise, and provide a full record for decision," the governors concluded. "These interested parties include patients and medical professionals and the sixteen states and the District of Columbia, or nearly one-third of the nation's population, that have decriminalized limited possession and use of cannabis for serious medical conditions, and at least ten other states are considering similar measures."

Medical marijuana activists on Wednesday lauded the governors' actions, but cautioned that such efforts should not serve as a substitute for advancing medical marijuana laws at the state level.

"The governors' call for re-scheduling marijuana so that it can be prescribed for medical purposes is an important step forward in challenging the federal government's intransigence in this area," said Ethan Nadelmann, executive director of the Drug Policy Alliance in a statement Wednesday.

"But their call should not serve as an excuse for these two governors to fail to move forward on responsible regulation of medical marijuana in their own states. Governors in states ranging from New Jersey and Vermont to Colorado and New Mexico have not allowed the federal government's ban on medical marijuana to prevent them from approving and implementing statewide regulation of medical marijuana. Governors Gregoire and Chafee should do likewise."

The governors aren't alone in their call to reclassify the drug. The American Medical Association in 2009 came out in favor of reviewing pot's classification, arguing more research still needs to be done.

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USDA funds GM Salmon

SUBHEAD: Genetically modified salmon no longer dead in the water thanks to USDA funding.  

By Sara Novak on 12 November 2011 for Tree Hugger - 
  (http://www.treehugger.com/green-food/gm-salmon-no-longer-dead-water-thanks-usda-funding.html)

 
Image above: Cartoon of GM salmon attacking a grizzly bear. From (http://www.naturalnews.com/029769_GM_salmon_frankenfish.html).

It seemed that AquaBounty’s GM salmon was dead in the water so to speak, until recently when the US Department of Agriculture (USDA) revived Frankenfish with the help of some generous funding. Much of the public turned out to be largely opposed to GM salmon hitting the market, fearing the environmental and health repercussions. But a recent story on Grist shows the USDA hasn’t been listening to the public’s call.

Grist reported that on Monday the USDA awarded AquaBounty $494,000 so that the Frankenfish inventor could adjust the techniques that they use to render the GM salmon sterile. It’s critical that the fish not be able to reproduce so that it can’t mate with non-GM salmon and therefore contaminate the wild salmon population considering the generous modification of the species.

According to Ars Technica:
These genetically modified Atlantic salmon have two foreign DNA sequences inserted into their genomes. One encodes a growth hormone from Chinook salmon. The other is the on-switch used by an antifreeze gene from ocean pout, an eel-like fish found in the Northwest Atlantic Ocean.
When placed alongside the growth hormone, this on-switch makes the salmon produce the growth hormone in cold weather when they otherwise wouldn’t. Importantly, the GM salmon do not grow larger than regular salmon; they just achieve their size in sixteen to eighteen months rather than three years.

U.S. Lawmakers Respond to Criticism


In August lawmakers started to push back on the passage of GM salmon, heeding the call of their people. Seventy-eight percent of the 1,000 U.S. adults surveyed opposed approval of the fish until more research is completed, according to a story A.K. Streeter wrote. So it seems lawmakers are listening to the call.

"FDA hasn't considered all of the potential negative impacts of genetically-altered fish and the strong opposition in Congress to approving something that could decimate wild salmon populations," said Sen. Begich (D-AK) in a statement Friday.
"Recent scientific evidence shows that if genetically-modified salmon escape, they could successfully breed with wild stocks, potentially destroying the genetic adaptations that have allowed fish to thrive for millennia. Alaska wild salmon is abundant and sustainable."

So if Americans are rejecting it and lawmakers are following, why can't the USDA let it go as well?
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Federal Reefer Madness

SUBHEAD: Under the Obama Administration the Feds seem intent on destroying medicinal marijuana legal in 16 states.

By Ethan Nadlemann on 7 November 2011 for Alternet,org - 
(http://www.alternet.org/story/152997/reefer_madness%3A_the_feds_seem_intent_on_destroying_medical_pot_)

 
Image above: Detail of poster for movie "Reefer Madness" wildly misportraying the effects of marijuana. From (http://www.sportressofblogitude.com/2009/06/18/oh-man-old-man-pinella-just-called-weed-a-reefer-this-is-the-best-day-of-my-life/).




This year, federal authorities have done almost everything in their power to undermine state regulation of medical marijuana. It is time Obama implement his original policy.



Marijuana is now legal under state law for medical purposes in 16 states and the District of Columbia, encompassing nearly one-third of the American population. More than 1,000 dispensaries provide medical marijuana; many are well regulated by state and local law and pay substantial taxes. But though more than 70 percent of Americans support legalizing medical marijuana, any use of marijuana remains illegal under federal law.

When he ran for president, Barack Obama defended the medical use of marijuana and said that he would not use Justice Department resources to override state laws on the issue. He appeared to make good on this commitment in October 2009, when the Justice Department directed federal prosecutors not to focus their efforts on “individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.”

But over the past year, federal authorities appear to have done everything in their power to undermine state and local regulation of medical marijuana and to create uncertainty, fear and confusion among those in the industry. The president needs to reassert himself to ensure that his original policy is implemented.

The Treasury Department has forced banks to close accounts of medical marijuana businesses operating legally under state law. The Internal Revenue Service has required dispensary owners to pay punitive taxes required of no other businesses. The Bureau of Alcohol, Tobacco, Firearms and Explosives recently ruled that state-sanctioned medical marijuana patients can not purchase firearms.

United States attorneys have also sent letters to local officials, coinciding with the adoption or implementation of state medical marijuana regulatory legislation, stressing their authority to prosecute all marijuana offenses. Prosecutors have threatened to seize the property of landlords and put them behind bars for renting to marijuana dispensaries. The United States attorney in San Diego, Laura E. Duffy, has promised to start targeting media outlets that run dispensaries’ ads.

President Obama has not publicly announced a shift in his views on medical marijuana, but his administration seems to be declaring one by fiat. The head of the Drug Enforcement Administration, Michele M. Leonhart, a Bush appointee re-nominated by Mr. Obama, has exercised her discretionary authority to retain marijuana’s classification as a Schedule I drug with “no currently accepted medical use in treatment in the United States.” And the pronouncements on marijuana, medical and otherwise, from Mr. Obama’s top drug policy adviser, R. Gil Kerlikowske, have been indistinguishable from those of Mr. Bush’s.

None of this makes any sense in terms of public safety, health or fiscal policy. Apart from its value to patients, medical marijuana plays an increasingly important role in local economies, transforming previously illegal jobs into legal ones and creating many new jobs as well, contributing to local tax bases and stimulating new economic activity. Federal crackdowns will not stop the trade in marijuana; they will only push it back underground and hurt those patients least able to navigate illicit markets.

Perhaps not since the civil rights era has law enforcement played such an aggressive role in what is essentially a cultural and political struggle. But this time the federal government is playing the bully, riding roughshod over states’ rights, not to protect vulnerable individuals but to harm them.

At the federal level, there have been few voices of protest. Senior Democrats on Capitol Hill shy away from speaking out. Republicans mostly ignore the extent to which anti-marijuana zealotry threatens core conservative values like states rights, property rights and gun ownership.


Video above: Part 6 of a color enhanced version of the 1937 film "Reefer Madness". From (http://youtu.be/qxn7uScpxEg).

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