Carol A. Overland, Overland Law Office — Utility Regulatory and Land Use Advocacy
YES!!! On to federal court!!! I love it when this happens! Downwind and Golden Bridge have sued the Department of Energy (DOE) and Southwestern Power Administration (SWPA)! Here’s a copy of the Complaint, give it a read:
Downwind, LLC & GoldenBridge LLC-v-DOE & SWPA – Case 3:16-cv-00207
Here’s the bottom line, what they’re asking for:
It’s focused on the DOE and Clean Line’s most vulnerable issues, those of improper potential use of eminent domain for private purpose and private company, and, as David Ulery says:
“Landowners were never offered an appropriate avenue for due process during the DOE’s review of Clean Line’s application,” he said. “An opportunity to comment is not the same as an opportunity to directly participate in the matter in an official capacity. Review is meaningless if those most affected are not given ample and significant opportunity to engage on a meaningful and substantive level.”
Clean Line and the DOE were asked, demanded, expected, to provide due process, and nope, nada, not the most basic opportunities to participate. Seems they’ve never heard of due process — how dare they! From June, 2015, here are multiple filings demanding due process:
BLOCK Plains & Eastern Clean Line docket filings
Here’s the first of articles to appear about the federal suit:
Opponents sue to block Clean Line project
By John LyonArkansas News Bureaujlyon@arkansasnews.com
Womack’s bill cleared the House Natural Resources Committee in June.
There are too many people who think Sheriff Joe Arpaio walks on water. Horrifying. Thankfully, at long last, Arpaio is in trouble, deep, deep trouble, not just legally, but he’s probably going to loose the his bid for re-election, and may be sent to jail. Can’t happen soon enough.
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The Department of Justice investigation is moving forward, lawsuits abound, and Arpaio is losing, found in contempt of court for violating the court’s injunction.
Arizona’s Sheriff Joe hit with 1st round of punishments in contempt case
And on a parallel front, the Department of Justice is moving forward to document his many violations of the Constitution and federal law, and to shut him down, hold Maricopa County responsible, and that’s good. About time! Here are their links:
And in federal court:
This guy needs to be OUT of office and thrown in jail. The magnitude of his racist and blatantly unconstitutional policies and actions has been exposed, and must stop — despite the court ordered injunction, he continues… Here’s hoping the judge does push for a criminal contempt case against Arpaio. And once he’s gone, the entire Sheriff’s Office needs to be rebuilt. Whew, that’s a big job.
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:
And the conclusion:
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.
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!
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!
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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.