Legalectric

THIS IS A MUST READ!  Apologies for the delay… Trying to catch up, this was released and I got bogged down in something else.

It’s grim.  For those questioning all the complaints regarding Baltimore police, just a scan of the table of contents is enlightening:

• BPD MAKES UNCONSTITUTIONAL STOPS, SEARCHES, AND ARRESTS
• BPD DISCRIMINATES AGAINST AFRICAN AMERICANS IN ITS ENFORCEMENT ACTIVITIES
• BPD USES UNREASONABLE FORCE
• BPD UNLAWFULLY RESTRICTS PROTECTED SPEECH
• BPD’S HANDLING OF SEXUAL ASSAULT INVESTIGATIONS RAISES SERIOUS CONCERNS OF GENDER-BIASED POLICING

And the conclusion:

• SYSTEMIC DEFICIENCIES IN BPD’S PRACTICES CONTRIBUTE TO CONSTITUTIONAL VIOLATIONS, ERODE COMMUNITY TRUST, AND INHIBIT EFFECTIVE POLICING

From the report:

The constitutional violations described in our findings result in part from critical deficiencies in BPD’s systems to train, equip, supervise, and hold officers accountable, and to build relationships with the broader Baltimore community. First, BPD fails to adequately supervise its officers. This lack of supervision manifests itself in multiple ways, including a failure to guide officer activity through effective policies and training; a failure to collect and analyze reliable data to supervise officer enforcement activities; and the lack of a meaningful early intervention system (EIS) to identify officers who may benefit from additional training or other guidance to ensure that they do not commit constitutional violations. Second, BPD lacks meaningful accountability systems to deter misconduct. BPD does not consistently classify, investigate, adjudicate, and document complaints of misconduct according to its own policies and accepted law enforcement standards. Indeed, we found that BPD personnel sometimes discourage complaints from being filed and frequently conduct little or no investigation—even of serious misconduct allegations. As a result, a culture resistant to accountability persists throughout much of BPD, and many officers are reluctant to report misconduct for fear that doing so is fruitless and may provoke retaliation. Third, BPD fails to have proper agreements in place to coordinate its activities with other agencies that are operating within its jurisdiction. Fourth, BPD fails to adequately support its officers through effective strategies for recruitment, retention, and staffing patterns, and does not provide them with appropriate technology and equipment. Fifth, BPD does not engage effectively with the community it polices. BPD’s failure to use accepted community policing strategies and transparency mechanisms erodes the community trust that is central to productive law enforcement.

• BPD FAILS TO ADEQUATELY SUPERVISE ITS OFFICERS’ ENFORCEMENT ACTIVITIES
• BPD FAILS TO ADEQUATELY SUPPORT ITS OFFICERS
• BPD FAILS TO HOLD OFFICERS ACCOUNTABLE FOR MISCONDUCT
• BPD DOES NOT COORDINATE WITH OTHER AGENCIES APPROPRIATELY
• BPD FAILS TO ENGAGE IN EFFECTIVE COMMUNITY POLICING

And the conclusion?

For the foregoing reasons, the Department of Justice concludes that there is reasonable cause to believe that BPD engages in a pattern or practice of conduct that violates the Constitution or federal law. The pattern or practice includes: (1) making unconstitutional stops, searches, and arrests; (2) using enforcement strategies that produce severe and unjustified disparities in the rates of stops, searches and arrests of African Americans; (3) using excessive force; and (4) retaliating against people engaging in constitutionally-protected expression. We also identified concerns regarding BPD’s transport of individuals and investigation of sexual assaults. BPD’s failings result from deficient policies, training, oversight, and accountability, and policing strategies that do not engage effectively with the community the Department serves. We are heartened to find both widespread recognition of these challenges and strong interest in reform. We look forward to working with the Department, City leadership, and Baltimore’s diverse communities to create lasting reforms that rebuild trust in BPD and ensure that it provides effective, constitutional police services to the people of Baltimore.

So what’s going to happen?  Oh, Baltimore…

Other Department of Justice investigations of law enforcement HERE

Yesterday, the Illinois 3rd District Appellate Court said a resounding “NO!” to the Rock Island Clean Line (RICL).  Illinois Landowners Alliance challenged the PSC decision and WON!

Appellate Decision_8-10-2016_3150099

This court order reversed the Illinois PSC’s approval of the line, and directs the PSC to issue an order in line with the court’s decision.  Most important was that the court held that the PSC had erred in its determination that the RICL applicant was a utility!

… and…

… and…

… and…

I love it when this happens!!!

And use eFiling if you want to send attachments.  Go HERE and sign up to eFile, it’s easy, and then you’re not limited by US Mail.

Bird Clan

Chickadees, in Bird Clan, a print of oil by Daniel Milton HorseChief, are now framed and ready for its new home in my office, next to my inspirational Jerry Garcia “You can pursue that goal and feed the dog at the same time, it just takes a little extra effort” photo.  I haven’t had a splurge like this in a while, and it feels good!

HorseChief is both a painter and sculptor, living on the Oklahoma end of the Plains & Eastern Clean Line transmission project.

HorseChief creates art based on Cherokee history, culture

Prints are available of his work, and he can be reached via facebook.

Custer’s Knoll, The Battle of the Little Bighorn 1976

Going Snake’s Trail

LonghairClan Mother

Word is out, confirming scuttlebutt, that Enbridge will pull the plug on the Sandpiper pipeline.  It’s not official yet, nothing has happened beyond an announcement, but if Enbridge is saying it, IN WRITING, then that means it’s highly likely, eh?

Enbridge Energy Partners, L.P. and Enbridge Inc. Announce Agreement to Acquire Equity Interest in the Bakken Pipeline System Establishing New Path to the U.S. Gulf Coast

Here’s the important part:

Upon successful closing of the transaction, EEP and Marathon Petroleum plan to terminate their transportation services and joint venture agreements for the Sandpiper Pipeline Project. EEP continues to believe the Bakken region is a highly productive and attractive basin, which has significant crude oil supply growth potential that will require additional pipeline capacity in the future. The scope and timing of the Sandpiper Pipeline Project will be evaluated during the quarter to ensure that it is positioned to meet the growing need for pipeline capacity while offering customers competitive tolls and strong netbacks. Additionally, in conjunction with a termination of the Sandpiper joint venture agreements with Marathon Petroleum, EEP will retain 100 percent ownership in our legacy North Dakota system, which is one of the most competitive outlets available to producers in the State.

(what’s a “netback?”).

Reuters has it right with the “OVERBUILD” characterization:

Enbridge’s Sandpiper looks to be latest victim of pipeline overbuild

For this to be “official,” Enbridge will need to file a request to withdraw their application with the Public Utilities Commission, there will be a comment period, then the Commission will decide whether to approve the request to withdraw.

Suffice it to say, this will/would also mean that the transmission for the Sandpiper tank farm NW of Clearbrook is not necessary because the tank farm will not be built there (or in an alternate site)!  And that’s good news for my clients next to that tank farm.

As happened with Hollydale, because the Sandpiper part is before OAH, Enbridge has to request a Withdrawal, which will be certified to the Commission for its blessing.  Here’s the Hollydale request:

Xcel/GRE Hollydale Withdrawal Petition

And for Clearbrook-Clearbrook West 115 kV transmission for Sandpiper’s Clearbrook tank farm, it’s time for Minnkota to withdraw their application!

So I fired off this missive to the PUC:

PUC Correspondence_Enbridge Press Release

Iit’s time to make sure the PUC knows of this Enbridge plan and the impact of this pullout on the need for transmission support!