Search This Blog

Translate

Blog Archive

Middleboro Review 2

NEW CONTENT MOVED TO MIDDLEBORO REVIEW 2

Toyota

Since the Dilly, Dally, Delay & Stall Law Firms are adding their billable hours, the Toyota U.S.A. and Route 44 Toyota posts have been separated here:

Route 44 Toyota Sold Me A Lemon



Showing posts with label U.S. Army Corps of Engineers. Show all posts
Showing posts with label U.S. Army Corps of Engineers. Show all posts

Wednesday, March 1, 2017

Interesting Press Release from the Attorney General's Office!





Here is a press release from the Attorney General’s Office we think you may be interested in!

Please continue to keep in contact with the Attorney General’s Office through this e-mail address, or via our social media accounts (Facebook, Twitter, and Instagram). Thank you again for all your work and support.

Sincerely,

Community Engagement Division
Office of Attorney General Maura Healey
One Ashburton Place
Boston, MA 02108



FOR IMMEDIATE RELEASE                                                       MEDIA CONTACT:
February 28, 2017                                                                             Chloe Gotsis
                                                                                                            (617) 727-2543

AG HEALEY JOINS COALITION OF ATTORNEYS GENERAL OPPOSING PRESIDENT TRUMP’S EXECUTIVE ORDER THAT GUTS CLEAN WATER PROTECTIONS
Joins Attorneys General From New York, Connecticut, The District of Columbia, Hawaii, Oregon and Vermont Vowing to Fight the Order and Protect the Environment

BOSTON — Attorney General Maura Healey today joined attorneys general and chief legal officers from New York, Connecticut, the District of Columbia, Hawaii, Oregon and Vermont in releasing the below statement opposing President Trump’s executive order which the President described as paving the way to eliminating the Clean Water Rule (also known as the Waters of the United States Rule):

“We strongly oppose President Trump’s executive order that undermines Clean Water Act protections and the public health and environment of our states.

The President’s order runs counter to the Clean Water Act’s, and the EPA’s, purpose -- achieving clean water.  The Clean Water Rule is a measured, reasonable, and lawful application of sound and uncontroverted science to protect our nation’s upstream source waters.  We rely on these waters to ensure clean drinking water, water recreation, and viable commercial fishing and navigation.

Rescinding the Clean Water Rule would allow uncontrolled pollution of these critical water resources, and could also harm the competitiveness of our state economies by forcing us to spend more to clean up the pollution of deregulated waters coming from upstream states that refuse to control such pollution in order to benefit their economies.  Clean water is essential to life and the people of our states and the nation deserve the strong federal baseline established by the Rule to ensure that the benefits of clean water are shared equally regardless of state lines.

We won’t hesitate to protect our people and our environment—including by aggressively opposing in court President Trump’s actions that ignore both the law and the public’s paramount need for clean water.” 

In April 2014, EPA and the Army Corps proposed the Clean Water Rule to define the “waters of the United States,” and made the rule available for an extended public comment period.  After receiving over one million comments, most of which supported the rule, the agencies published the final rule on June 29, 2015.Massachusetts was part of a coalition of seven states (New York, Connecticut, Hawaii, Oregon, Vermont and Washington) and the District of Columbia that successfully intervened to defend the Rule in litigation challenging it in the United States Court of Appeals for the Sixth Circuit.

The Rule clarifies the scope of waters that are protected under the Clean Water Act. It protects waters with a “significant nexus” to downstream waters, such as tributary streams, wetlands, and open waters in floodplains and riparian areas, consistent with Supreme Court precedent. In drawing those lines, EPA and the Corps relied on a robust EPA science report that considered more than 1200 peer-reviewed publications. The agencies also relied on an independent review of the science report by EPA’s Science Advisory Board. 

The Rule enhances environmental protection benefits enjoyed by states and the public by clearly defining the Act’s reach to include waters that significantly contribute to the quality of the nation’s waters.  By clarifying the scope of the Clean Water Act, the Rule also benefits both regulators and the regulated community by reducing time-consuming, inefficient and potentially inconsistent case-by-case jurisdictional determinations that have hampered effective implementation of the Act for years and led to significant, time-consuming litigation across the country.

The Massachusetts Attorney General’s Office has long supported an interpretation of the term “waters of the United States” that follows the scientific evidence and thus best achieves the Act’s central water-quality-protection purpose as a means to reinforce Massachusetts’s own strong water quality protection laws, including the Massachusetts Clean Waters Act and the Massachusetts Wetlands Protection Act.


######




Monday, December 26, 2016

RSN: Donald Trump Picks Billionaire to Oversee Review of Dakota Access Pipeline




Water Protectors in front of a sunset at Standing Rock. (photo: AP)
Water Protectors in front of a sunset at Standing Rock. (photo: AP)


Donald Trump Picks Billionaire to Oversee Review of Dakota Access Pipeline

By Indianz.Com
25 December 16

 billionaire businessman with no experience in Indian issues is slated to oversee the federal agency whose handling of the Dakota Access Pipeline has come under repeated criticism.
Vincent Viola went from a humble immigrant background to the founder of a highly-successful financial firm in New York. Forbes pegged the Army veteran's net worth at $1.77 billion and his business prowess was one of the reasons he was tapped by Republican president-elect Donald Trump.
"Whether it is his distinguished military service or highly impressive track record in the world of business, Vinnie has proved throughout his life that he knows how to be a leader and deliver major results in the face of any challenge," Trump said in a press release on Monday.
A huge legal, political and public relations challenge will be facing Viola should be confirmed as Secretary of the Army. The post exercises direct authority over the U.S. Army Corps of Engineers, the agency that holds the fate of the $3.8 billion crude oil pipeline in its hands.
Officially, the project is on hold in order for the Army Corps to conduct a more thorough review of the final portion of the pipeline in response to concerns raised by the Standing Rock Sioux Tribe and its many allies. Oil spills, treaty rights and even a potential reroute away from the reservation in North Dakota are to be considered during the environmental impact statement
"We've denied the easement for the crossing for DAPL. We're going to start the NEPA process soon," Charles "Chip" Smith, an official with the Assistant Secretary of the Army for Civil Works, told the Inter-American Commission on Human Rights at a hearing on December 9.
Smith was referring to the National Environmental Policy Act, the federal law that will guide the upcoming review. But the process has yet to begin, more than two weeks after Jo-Ellen Darcy, who is the outgoing Assistant Secretary of the Army for Civil Works, announced the December 4 decision on the easement.
With Trump coming on board in just a month, the Army Corps doesn't have much time to get the ball rolling. It's crucial for the review to start soon because it would be difficult -- though not impossible -- for the incoming administration to change course.
"An arbitrary order from the new White House to issue the easement — despite the Army Corps’ statement that further work is needed — would be illegal and would subject the decision to close judicial scrutiny," attorney Jan Hasselman, who is representing the Standing Rock Sioux Tribe in federal court, wrote on the Earthjustice blog on Friday. "Together with the tribe, we are prepared to defend the Corps’ decision and challenge any effort to reverse it."
Even before winning the November 8 election, Trump made no secret of his support for large scale infrastructure projects like Dakota Access. He's now stacking his team with pro-development figures, including former Texas governor Rick Perry, his pick to lead the Department of Energy. Perry sits on the board of directors for Energy Transfer Partners, the firm behind the pipeline.
Though he comes from a business background, Viola doesn't come with similar baggage or preconceptions about pipelines. At the same time, he doesn't have any experience with Indian Country either and the Army Corps' handling of Dakota Access has been seen as a failure of its tribal policy.
"As we look and see what is going on in North Dakota with the pipeline, the Sioux people are in for a long fight," Chairman Harry Barnes of the Blackfeet Nation said last month in Washington, D.C., where he celebrated the protection of the tribe's sacred lands in Montana from energy development after a decades-long effort that spanned three presidential administrations.
"But they're winnable fights," Barnes added.
Separate from the pending environmental review, the Army Corps has to defend itself from a cross-claim filed by the wealthy backers of Dakota Access. The firm argues that it has a right to drill under the Missouri River, less than a half-mile north of Standing Rock, despite lacking the easement that was denied this month.
The agency is facing a January 6, 2017, deadline -- before Trump is sworn into office -- to submit crucial papers in court on the issue. The Department of Justice, which will soon be under new leadership, plans to contest the cross-claim, an attorney said at a December 9 hearing in D.C.
The Army Corps also joined the Standing Rock Sioux Tribe, the Cheyenne River Sioux Tribe and theYankton Sioux Tribe in seeking an "abeyance" of their separate but related claims against the agency. Judge James E. Boasberg agreed to the request as he prepares for a hearing in early February on the easement.
By that time, though, Trump will be in office. "None of us have any idea whether the incoming administration will make any or all of this moot," Boasberg said on December 9.
He quickly added: "It's not my business to guess."
Beyond the legal and political realms, the new Trump administration will have to face the public, which has rallied behind Indian Country in its effort to stop the pipeline from crossing the Missouri River. Tribal activists, ranging from youth to elders, aren't giving up and their defiance turned the #NoDAPL movement into an international and celebrity cause.
"To fight for our way of life and we will be here, on this land, to stand up for our people, for the water, for the land," said LaDonna Brave Bull Allard, a member of the Standing Rock Sioux Tribe who founded theSacred Stone Camp, the original #NoDAPL prayer camp. "We will not back down. We will not stop. We will be here.”
About 1,000 people remain at Sacred Stone, which sits on Brave Bull Allard's property, and at the other #NoDAPL camps, which are located on land managed by the Army Corps. A string of brutal winter storms has prompted many to leave, with promises to return once conditions improve.
Earlier this month, the population there swelled to 10,000 with the arrival of nearly 4,000 veterans and other supporters. During the late summer and early fall, anywhere between 5,000 to 7,000 people were regular visitors and workers to the camps, located on land promised to the Sioux Nation by treaty.


Tuesday, November 1, 2016

RSN: The US Government Must Permanently Halt the Dakota Access Pipeline




It's Live on the HomePage Now: 
Reader Supported News

FOCUS: Robert Reich | The US Government Must Permanently Halt the Dakota Access Pipeline 
Former Clinton labor secretary Robert Reich. (photo: Steve Russell/Toronto Star)
Robert Reich, Robert Reich's Facebook Page 
Reich writes: "The U.S. government must permanently halt the Dakota Access Pipeline. Now. The Army Corps of Engineers never did a proper review of its environmental impact, nor did it adequately consult with the Standing Rock Sioux tribe." 
READ MORE

Contribute to RSN
Become a Fan of RSN on Facebook and Twitter




Tuesday, May 24, 2016

Taxpayers for Common Sense: Water Bill Redux Causing Acid Reflux














 

Water Bill Redux Causing Acid Reflux

Volume XXI  No.20: May 20, 2016
Sometimes (often?) reading legislation takes a strong stomach. Thus, it was with trepidation that we took a break from this week’s debate on the National Defense Authorization Act and spending bills to review S. 2848, the Water Resources Development Act (WRDA) of 2016. Even with an iron gut, much of this bill is unsettling.
WRDA directs projects and policies for the U.S. Army Corps of Engineers which constructs and maintains much of the nation’s water infrastructure. While the Corps has yet to implement much of the previous WRDA passed in 2014, the Senate Environment and Public Works Committee is charging full steam ahead on a 271 page bill that appears to soak federal taxpayers. 
Bemoaning our tight budgetary environment and the Corps’ lack of progress in designing and building new projects, the committee doubles down on efforts to shift more power to state and local interests looking to jumpstart projects. The bill allows these entities to bypass some red tape and contribute initial funds to studies or construction of projects. At first blush, that’s great, it could shift much of these projects that are of little federal interest onto the states, localities, or private sector, while utilizing the Corps’ (at times) expert guidance. But – and you knew there was a “but” coming – in most of these cases, the non-federal entities are just fronting the cash and demanding repayment later. The result is an abdication of Executive and Congressional authority that lets a federal program be driven by non-federal interests at a cost to taxpayers.
Speaking of federal taxpayers being forced to bail state and local interests out of their responsibilities, the bill boosts and extends the wasteful Environmental Infrastructure program. Created back in 1992, the program funds drinking water and wastewater projects in “critical” areas. These critical areas just so happened to only be found in the districts of powerful lawmakers. It was a pork barrel-driven program when created and it still is now. The program also duplicates and undermines the more fiscally responsible Clean Water and Drinking Water State Revolving Funds that make investments through low cost loans instead of cash grants.
When it comes to the nation’s deep water coastal ports, the bill’s backers suddenly no longer cry poor. Ports all along the Gulf and East Coasts are in a literal race to the bottom, looking to attract the bigger ships that are expected to traverse the soon-to-be-completed expanded Panama Canal. Currently, construction costs of dredging a port down to 45 feet are in effect 65 percent federal, 35 percent non-federal. Deeper than that it becomes a 50-50 proposition. The bill makes it a 65-35 split down to 50 feet. This would make it cheaper for the ports and shippers, but it does nothing about figuring out just how many 50 feet deep ports federal taxpayers can afford.
There’s also an effort to avoid determining priorities on the inland waterways.  One navigation project – the three-times-as-expensive-as-promised and more-than-a-decade-behind-schedule Olmsted Lock and Dam project on the Ohio River – is sucking up all the available funds. With no funds for other navigation projects, many are running up against a seven year auto-deauthorization trigger; if your project doesn’t receive funds for seven consecutive years, it’s cancelled. This bill would pause that clock for 15 additional years, but only for navigation projects, and only on the inland waterways system. A far better answer would be to reevaluate these projects based on their economic feasibility. The nation’s needs and the economic justification for these projects will have changed dramatically over the last decade(s).
As we continue to review the bill, it’s not all bad. One section seeks to cut out the middle man and enables authorized non-federal entities to collect fees and expend them on operation, maintenance and improvement at Corps recreation facilities. This gets around the Corps having to collect the fees and then remit them (or not) to these entities.
What this bill doesn’t do is strengthen the deauthorization process established in 2014 by broadening it to include projects passed nearly a decade ago in WRDA 2007. Or create a prioritization system for different Corps projects to hold the administration accountable. Or put some teeth in the Independent Peer Review system that the Corps ignores. Or enact measures to reduce the 90 percent federal subsidy for barge operators on the inland waterway system. Or update the economic analysis of Corps projects by incorporating a realistic discount rate. We could go on, but in a 271 page bill, it’s disappointing that very little of the real challenges facing the nation’s water infrastructure are being addressed. It’s enough to make you sick. 



Sunday, October 5, 2014

".....where do you go from there?"




The entire region is GRID LOCKED because of Cape Cod traffic....sounds like another Big Dig!






BRIDGE: BOURNEDALE NEIGHBORS CAUGHT OFF GUARD




BOURNE — Joseph Cimeno lives only a short distance from Route 25, but from his driveway on Yearling Run Road the sound of the highway is a distant murmur.
 
But that's more than he's heard about a proposal to run another road behind his house to connect Route 3 to Route 25, a variation on still tentative plans announced earlier this year based on building a third automobile bridge across the Cape Cod Canal.
 
"I haven't heard about it," Cimeno, 85, said as he was retrieving his mail in a light drizzle last week.
Other residents of the quiet, wooded section of Bourne known as Bournedale, an area crisscrossed by power lines and a herring run, were equally in the dark about the possibility.
 
"None of us neighbors have heard anything about this," said Dotty Wright, who lives down the street with her husband.
 
If it happens it could be devastating, the 65-year-old said about the road building and potential disruption it could bring to the area.
 
"I don't want to overreact," said Matthew Stuck, another resident on the road. "That's all they are is proposals. You want to learn as much as you can about the process before you prejudge."
 
Lawmakers who represent the Cape began the formal learning process on Thursday as state Department of Transportation officials presented a suite of proposals and how they might be funded during a closed door session at the Statehouse.
 
"They talked about two different projects," said state Rep. Randy Hunt, R-Sandwich, who attended the meeting along with other local lawmakers or their representatives.
 
One project — dubbed Project Mobility by state transportation officials — is an express toll lane on Route 3 between Exit 11 and the Braintree split. But it was the third bridge project — Project Span — which has received the most attention locally.
 
Congestion traveling on- and off-Cape has been bemoaned by motorists and tourism officials for years, a problem that has been compounded by seemingly endless work to maintain the existing 80-year-old Bourne and Sagamore bridges controlled by the U.S. Army Corps of Engineers.
 
The idea of a third bridge — championed in particular by Cape Cod Chamber of Commerce CEO Wendy Northcross and Cape Cod Regional Transit Authority Administrator Thomas Cahir — first surfaced late last year through the state's new Public-Private Partnership Oversight Commission, which was formed to study potential collaborations between the state and private sector on transportation projects.
 
Under a public private partnership — or P3 for short — a private developer comes up with the funding for a project and then gets a return on the investment through tolls or payments over time from the state.
 
NO PUBLIC MONEY
 
The third bridge project includes two possible primary configurations: a bridge built immediately adjacent to the Sagamore Bridge that would carry three tolled lanes onto the Cape or a bridge built in the center of the canal which would carry traffic in both directions, including through land on the Cape-side that the state currently leases to Joint Base Cape Cod.
 
There are several variations included in the plans for improving connections between routes 3, 25 and 6, including the connector between routes 3 and 25 in Bournedale or another possible connection if a bridge is built in the middle of the canal that would connect to Route 25 in roughly the same spot.
 
The so-called twinning of the Sagamore Bridge and the connector between routes 3 and 25 is estimated to cost $320 million, according to state officials. The Bourne Bridge in both directions and the Sagamore Bridge going off-Cape would remain untolled, giving drivers an option to travel free of charge if they want.
 
Tolls on the new bridge would be collected using transponders so traffic wouldn't be slowed down and so-called variable pricing — changes in pricing based on time of day or year — could be used to encourage specific driving patterns.
 
The primary push from state transportation officials on Thursday was to make it clear to legislators that there are no public funds for these projects in the near future and the only way to make them happen in the short term is through a public private partnership, Hunt said.
 
"The practical side of it is since we can't borrow anymore we're not going to be able to float a bond to pay for a new Sagamore Bridge in the next five years," he said.
 
Even after that the project isn't likely to be a top priority for public funding, Hunt said.
 
Hunt said the discussion Thursday focused on the financial underpinnings of the project rather than which concept is best.
 
"Does it make sense to pay three times as much in interest costs to have it go through a P3 that's going to be paid by user tolls as opposed to going the traditional route?" he said.
 
Although the project is possible using a P3, another important question is whether the public really wants it, he said.
 
'DISASTER WAITING TO HAPPEN'
 
State Rep. Sarah Peake, D-Provincetown, said the plans are at a very preliminary stage.
 
Both Hunt and Peake say they've already heard from constituents about the pros and cons of adding a bridge.
 
"This is really about safety and congestion," Peake said. "It's not about bringing more people across the bridge."
 
The lanes on the Sagamore Bridge are not wide enough and it wouldn't be permitted under modern safety standards, she said.
 
"It's really a disaster waiting to happen," she said, adding that there have already been serious accidents on the bridge.
 
The bridge was built for a maximum capacity of 3,000 vehicles per hour but carries up to 4,800 vehicles per hour at its peak, she said.
 
"That's what causes the backup," she said.
 
But while a P3 arrangement might allow for a third bridge to be built in 10 rather than 20 years, the additional cost has to be considered, Peake said.
 
Peake said there were also questions from lawmakers about what accommodations would be made for year-round residents who have to travel back and forth over the bridges.
 
Massachusetts Highway Administrator Frank DePaola said all of these questions are being considered.
 
The first of what's expected to be three "working group" meetings on the third bridge concept for local elected officials, chambers of commerce representatives and other stakeholders is planned for Wednesday, he said, adding that a few of the nine or 10 variations on the concept might be taken off the table based on those meetings.
 
Constructing a bridge in the middle of the canal is likely to cost more than the twinning of the Sagamore and may not be feasible based on anticipated revenue, DePaola said.
 
Before moving forward it's important to know if tolling on the new bridge would be acceptable, DePaola said.
 
"If that's a non-starter with people then I want to know before I spend millions of dollars," he said.
There would almost certainly be a reduced toll available for local residents, although it's not clear how far that privilege would extend beyond Bourne, DePaola said.
 
"The connector road would be an enhancement to that option," he said about the road through Bournedale and the bridge immediately next to the Sagamore.
 
Public outreach on the connector road or other aspects of the project is premature if the concept doesn't make sense for other reasons, DePaola said.
 
The state still has to perform traffic and revenue studies, he said.
 
"These are studies done looking at the potential revenue and the potential sensitivity," he said. "If the tolls are too high it will send people to the untolled option."
 
A meeting with about 100 representatives from 40 to 50 companies interested in the project, including a bus tour of the area, is scheduled for Oct. 15 and Oct. 16, he said. The goal is to have a public presentation of the various options, including opportunity for public comment, by November.
 
Plans would then be narrowed down to a preferred alternative by the end of the year, which would kick off an environmental review if there's enough interest in moving forward, DePaola said.
 
There would be further opportunity for public comment during the environmental review, he said.
 
Cimeno said he and others are wondering whether a third bridge is the right way to go and that maybe a high-speed rail connection to the Cape would make more sense.
 
"The only problem with the third bridge is where do you go from there?" he said.