Peter Schorsch
Florida faces uphill battle in Supreme Court water case with Georgia
The two-decades-long dispute between Florida and Georgia is now in its final stages. On Monday, the U.S. Supreme Court heard oral arguments that involve the livelihoods and the environment of those in the Apalachicola region.
The Atlanta Journal-Constitution reported both sides were peppered with questions by the justices about how to prove harm to Florida and what remedies were available.
Florida sued Georgia in the Supreme Court in 2013, blaming farmers and booming metro Atlanta for low river flows that harmed the environment and fisheries dependent on freshwater entering the area. Florida portrays the case as its last chance to “stem Georgia’s inequitable consumption” of water from the Chattahoochee and Flint rivers in Georgia, leaving too little by the time the rivers come together and pass into Florida.
“It is effectively strangling the Apalachicola Region and killing or threatening its animal and plant life,” Florida said in its Supreme Court brief. Although the justices usually hear appeals, lawsuits between states start in the Supreme Court.
Florida faced tough obstacles even before the oral arguments began. Eleven months ago, a special master appointed by the court advised the justices to reject Florida’s claims and side with Georgia.
For some unexplained reason, Florida failed to include the Army Corps of Engineers, who manages the water flow, in their lawsuit. Ralph Lancaster from Maine, the special master, made that a key part of his recommendation.
“Without the ability to bind the corps, I am not persuaded the court can assure Florida the relief it seeks,” he wrote. Lancaster submitted a 137-page report of his findings and recommendations to the court.
He also wrote the corps has sufficient control over the water flow that Florida might not see an increase in water flow from the Flint River into the Apalachicola even if the court would order a cap on Georgia’s consumption of water from the Flint. Georgia claims to restrict the water flow further north would “threaten the water supply of 5 million people in metropolitan Atlanta and risk crippling a multibillion agricultural sector in southwest Georgia.”
The corps’ has effectively granted Atlanta all of the water it needs from Lake Lanier and the Chattahoochee River, which eventually flows into the Apalachicola, until 2050.
Some of the court’s liberal justices indicated they accepted the crux of Florida’s argument that any water saved upstream would eventually end up downstream. But nearly all the justices appeared to agree that the absence of the corps in Florida’s suit was a major problem.
Despite this, Dr. Neal Dunn, the first-term Republican Congressman who represents the region, believes Florida made its case.
“Florida convincingly argued that we are right on the facts, the law, and the remedy: Florida’s been injured and Georgia can change its actions to address it,” said Dunn. who was in the courtroom. “What’s not in dispute is that the Special Master determined Georgia’s water usage has been devastating for our fisheries, our economy, and our environment. When it rules, the Court should send the case back to the Special Master with instructions to proceed toward an equitable apportionment of the basin’s waters.”
For more than 20 years, representatives of the two states met to try and work out an equitable agreement in lieu of a costly and bitter lawsuit. At times, the negotiations included the governors of Alabama, Georgia and Florida, including Jeb Bush and former Georgia Governor Sonny Perdue, the current Secretary of the U.S. Department of Agriculture.
Those multiple attempts failed, resulting in the lobbing of cross-border rhetorical grenades over the issue. Ironically, Lancaster’s report was issued on Valentine’s Day, 2017.
A decision is not expected until late spring.
Nelson vows to block rollback of oil drilling regulations
The three-term Democrat is prepared to invoke a procedural rule in an attempt to block the Donald Trump administration’s latest efforts to rollback several safety standards put in place after the 2010 Deepwater Horizon oil rig disaster.
The Florida Democrat’s announcement on the Senate floor Wednesday was made just days after the U.S. Department of Interior released for public comment its latest proposal to reverse a series of safety regulations put in place to prevent another incident like the Deepwater Horizon tragedy.
“Almost five million barrels of oil spilled as a result of a defective device called a blowout preventer,” Nelson said. “Now, what the Interior Department and this administration is trying to do is undo the updated standards for shear rams and blowout preventers and is trying to get rid of a required third party to certify the safety mechanisms.”
In order to stop the rollback, Nelson says he will invoke a procedural rule known as the Congressional Review Act, which gives Congress the power to overturn an agency’s final rule. Legislators seeking to block an agency rule from taking effect can file a so-called Resolution of Disapproval within 60 days of a final rule being sent to Congress.
If a Resolution of Disapproval is approved by a majority in both the House and Senate and signed into law by the president, the agency’s rule would be overturned.
“I hope the public understands that and starts registering some complaints, and I hope that during that time every Floridian remembers what happened to us when the beaches of Pensacola beach were blackened with tar and oil and we lost a whole season of our guests, our tourists who come to this extraordinary state of natural environment, the beautiful Florida beaches,” Nelson said.
On Monday, he received some assistance from delegation Republicans. According to POLITICO, GOP Representatives Matt Gaetz from Fort Walton Beach, and Francis Rooney of Naples say they have a pledge from House Speaker Paul Ryan to continue the moratorium on drilling in the Eastern Gulf of Mexico.
Gaetz said he and Rooney “have a commitment the Eastern Gulf moratorium will be in the must-pass (spending) bill” that must be approved this month.
Rubio, Wall Street Journal at it again
As the process of amending, and ultimately passing, the tax reform plan in the Senate, Florida’s junior Senator was frequently at odds with The Wall Street Journal (WSJ) editorial page. The conservative editorial writers were not sold on Rubio’s ultimate goal of doubling the Child Tax Credit.
When Rubio told reporters last week that the tax bill “went too far” in favor of corporations, the feud resumed.
The WSJ claimed Rubio has a “lack of understanding” of the economic reasoning behind the dramatic reduction in the corporate tax rate. The cuts, they say, will spur economic growth while increasing the Child Tax Credit will not.
Rubio fired back via Twitter.
Another attack from @WSJ ed board for believing workers,families & small biz are more important to economy than large C Corporations 1/2
— Marco Rubio (@marcorubio) January 3, 2018
“Another attack from the @WSJ ed board for believing workers, families & small biz are more important to economy than large C Corporations,” he tweeted. “I support free enterprise, not the “Corporatism” preached by 2 days WSJ editorial that believes the large multinational corp are THE economy.”
More to come at tax time.
Decision to end TPS for Salvadorans met with criticism
Some bipartisan criticism greeted the most recent Trump Administration decision involving immigration. On Monday, Department of Homeland Security Secretary (DHS) Kirstjen Nielsen gave the go-ahead to a policy that could force as many as 250,000 in this country from El Salvador to return to their home country.
The Salvadorans were in the United States after being granted Temporary Protected Status (TPS) following an earthquake that ravaged El Salvador in 2001. In a statement, Nielsen indicated conditions had improved enough in El Salvador to where it could absorb the return of the temporary economic refugees.
According to Nielsen and DHS, all is not lost for the Salvadorans. As Trump and his administration have done with ending DACA, Congress can enact a legislative solution for the refugees, who have until September 9, 2019 to either leave of gain legal status.
“Only Congress can legislate a permanent solution addressing the lack of an enduring lawful immigration status of those currently protected by TPS who have lived and worked in the United States for many years,” the announcement states. “The 18-month delayed termination will allow Congress time to craft a potential legislative solution.”
The DHS action has incensed Democrats on Capitol Hill.
“America has long provided refuge for those fleeing dangerous conditions at home,” tweeted Boca Raton Democrat Ted Deutch. “I urge this Administration to reconsider its decision to end TPS for El Salvadorans. Congress should find a permanent, legislative solution to extend their immigration status.”
Orlando Democrat Darren Soto said it would “break up Florida families and hurt our economy!”
Miami Republican Mario Diaz-Balart voiced strong opposition to the policy.
“These innocent people fled their home country after a disastrous earthquake, and while living conditions may have slightly improved, El Salvador now faces a significant problem with drug trafficking, gangs, and crime,” he said in a statement. “It would be devastating to send them home after they have created a humble living for themselves and their families.”
With work intensifying on the DACA fix, the Salvadoran TPS issue, as well as ending TPS for Haitians,(announced in November) could become part of the administration’s strategy for overall immigration reform. This issue is far from over.
Delegation unites in support of Iran protesters
When groups of Iranians outside of major cities began to protest against their government, the delegation offered bipartisan support, along with the Trump administration, for courage and their goals. The protests brought back memories of 2009 when groups took to the streets of Tehran, only to be crushed, to condemn what they called a “stolen” election.
Trump quickly offered his support to the protesters. “Such respect for the people of Iran as they try to take back their corrupt government,” he tweeted. “You will see great support from the United States at the appropriate time.”
“The United States stands on the side of the Iranian people in their struggle for freedom and opportunity against the oppressive Iranian regime,” said Democratic Sen. Nelson.
GOP Sen. Rubio, who joined with a bipartisan group of colleagues to file a Senate Resolution in support of the protests, said in a statement “The Iranian people have a right to peacefully protest the regime’s rampant corruption, and to call for a truly representative government that protects human rights, upholds the impartial rule of law, and seeks peace with all of its neighbors.”
Democratic Rep. Lois Frankel agreed saying: “I stand in solidarity with the Iranian people as they make their voices heard. Peaceful protesters deserve the right to express grievances without violent retribution from their own government.”
Despite the verbal support, reports on Monday indicated the Iranian government was gaining the upper hand.
House Budget Committee chairwoman steps down
Tennessee Republican Diane Black has announced she is stepping down from her position as Chairwoman of the House Budget Committee. Black is running for Governor of Tennessee in 2018 but will finish her term in Congress.
“It has been an honor to serve as Chairman of the House Budget Committee,” Black wrote in a statement. “I am very proud of the hard work of our members and all we accomplished, especially offering real reforms for mandatory programs and unlocking pro-growth tax reform.”
One of the committee members, Fort Walton Beach Republican Gaetz, offered Black high marks for her work.
“It has been an honor to serve on the House Budget Committee under Rep. Diane Black’s leadership,” Gaetz said in a statement. “As chairman, Rep. Black has been a strong voice for bold, conservative reform, and I look forward to continuing her fight for fiscal responsibility and reducing America’s deficit. Her departure leaves tremendous shoes for the next chairman to fill,”
Black will hand over the gavel once a successor is chosen. The presumed front-runners include Arkansas Republican Steve Womack and Georgia Republican Rob Woodall. The current Vice-Chairman, Todd Rokita of Indiana, is running in 2018 for the Senate seat currently held by Democrat Joe Donnelly.
Besides Gaetz, the other Florida delegation members who sit on the committee are Republican Mario Diaz-Balart and Democrat Debbie Wasserman Schultz.
Members of Congress share their success with constituents
As Congress began a new legislative year, several members made sure their constituents knew they were busy voting for and against legislation and policy proposals (see Lawson below). An end-of-year review allows them to highlight signature issues they will use on the stump during re-election.
One exception was Republican Sen. Rubio, who is not up for re-election for another four years. He put increasing the Child Tax Credit, helping increase sanctions on the Maduro regime in Venezuela and helping shape American policy toward Cuba as his top three.
Panama City Republican Dunn, also in his first term, spoke of his work on behalf of veterans and agriculture. In addition, Dunn highlighted his efforts on behalf of Floridians in the water dispute with Georgia, energy independence and military readiness.
First-term Democrat Stephanie Murphy of Winter Park highlighted bills and amendments she sponsored and co-sponsored along with statistics. Among those was her bill for small business loans, an anti-terrorism bill, along with provisions in the military spending bill and aid for Puerto Rico.
Orlando Democrat Soto, also completing his first year, provided constituents with statistics. In addition to helping secure more than $11 million in federal grants and helping return more than one-half million dollars to constituents, Soto’s office fielded 65,000 constituent communications and closed 435 cases.
Sarasota Republican Vern Buchanan, co-chair of the Florida delegation highlighted three initiatives signed into law in 2017. His measure to help citrus farmers after Hurricane Irma, incentives to move welfare recipients into jobs, and ensuring small businesses were not left behind in the tax reform bill were all signed into law as part of larger funding or tax bills.
Gaetz blasts new DOJ marijuana policy
With the announcement Attorney General Jeff Sessions had repealed Department of Justice policy instructing federal prosecutors to pursue only the most serious marijuana cases, the reaction was swift from both parties. First-term Republican Matt Gaetz from Fort Walton Beach, who has been a vocal proponent of medical marijuana, did not mince words.
“For Sessions to disregard (prior federal policy) is heartless and cold, and shows his desire to pursue an antiquated, disproven dogma instead of the will of the American people,” Gaetz said. “He should focus his energies on prosecuting criminals, not patients.”
Gaetz also said that disregarding policy which allowed states to implement responsible medical marijuana laws without federal interference is a huge step backward for states’ rights, for common-sense reform and for the American people.
Sessions’ action has also drawn rebuke from other politicians, including U.S. Sen. Kirsten Gillibrand, a New York Democrat, who on Twitter called Sessions’ decision “either willfully ignorant of the medical science or an act of greed on behalf of the pharmaceutical industry.” Republican Sen. Cory Gardner of Colorado threatened on Twitter to withhold DOJ nominees unless the attorney general reverses course.
“This cruel plan is repugnant to the Tenth Amendment and harms some of our most vulnerable fellow Americans,” Gaetz said in a second statement issued Friday.
Lawson previews 2018 re-election issues in constituent mailer
As the calendar turns to another even-numbered year, re-election efforts will intensify. It is no exception for the first-term Democrat from Tallahassee.
Right after the New Year, Lawson provided a mailer to constituents highlighting his activities during his first year in Congress. The “Results North Florida Families Can Count On” provides a roadmap for his re-election message.
While the back side contained the many things Lawson supports, the two most prominent issues are on the front side and highlight what he voted against.
Those issues are the GOP tax reform bill and the effort to repeal and replace the Affordable Care Act (ACA).
“The tax package would raise taxes on hundreds of thousands of Floridians in 2018 alone,” the flyer says. “The bill also makes drastic cuts to the Earned Income Tax Credit (EITC) and the Child Tax Credit” (something with which Sen. Marco Rubio might quarrel). Lawson maintains the new law will cut “$1.5 trillion from Medicare and Medicaid.”
Lawson voted to preserve the ACA in part because it “would have kicked nearly 2.2 million Floridians off their health coverage and forced the American people to pay more for less coverage, he said.”
To show this flyer was in the works before the tax bill passed, it could have mentioned the provision that ended the health care mandate, effectively delivering a death blow to the current ACA.
While no Republican has announced a challenge, Lawson has a primary opponent in Rontel Batie from Jacksonville. Batie formerly served as a policy director for former Rep. Corrine Brown, who was convicted and sentenced to five years in prison for multiple felonies.
Through September 30, Lawson had raised $190,969 and had $97,768 cash on hand and a debt of $74,457. Batie’s first report is due later this month.
DeSantis embraces Trump backing, joins race for governor
There are plenty of GOP candidates who might fear being tied to President Donald Trump. The three-term Congressman from Ponte Vedra is not one of them.
DeSantis announced Friday on Fox and Friends that he would seek the Republican nomination for governor. In his announcement, he touted the support coming from Trump.
“I’m excited about taking this first step toward a campaign for governor,” DeSantis told POLITICO. “As a former prosecutor, Iraq veteran and conservative leader who’s endorsed by President Trump, I’ve got the experience needed to win this race and build on Gov. [Rick] Scott’s strong legacy.”
DeSantis was referencing a December 22 tweet from Trump, where the president described the Congressman from the 6th district as “a brilliant young leader … who would make a great Governor of Florida. He loves our Country and is a true FIGHTER!”
DeSantis is a proven fundraiser, but soon after the Trump “endorsement,” some big names jumped on the bandwagon. Among those was casino magnate Sheldon Adelson, hedge fund heiress Rebekah Mercer and prominent investor Foster Friess.
The race to succeed DeSantis is already underway. Democrat Nancy Soderberg has already raised $336,000 and had $259,000 cash on hand as of September 30. Campaign finance reports for the fourth quarter are due next week.
Announcements from current members of the Florida Legislature and others are expected in the near future.
Crist introduces three bipartisan bills
The first-term Democrat from St. Petersburg joined with Republican colleagues to recently file three bipartisan bills. The Access Business Credit (ABC) Act was filed with GOP Rep. Rod Blum of Iowa.
If enacted, the ABC Act would amend the IRS code to provide incentives for banks to provide credit for small businesses. The interest paid on the loan would be excluded from the lender’s gross income with the long-term goal being additional credit availability and job creation.
“Making it easier for community banks to make more loans to small businesses is a smart and straightforward change — strengthening Main Street, the middle class, and our economy,” Charlie Crist said in a news release. “This is how we get things done for the American people, working together on common-sense legislation that puts the people first!”
Crist teamed up with Pennsylvania Republican Brian Fitzpatrick on two animal protection measures. The Puppy Protection Act targets breeders selling to pet stores (aka “puppy mills”) with regulations to ensure the animals are treated humanely.
The Welfare of Our Friends (WOOF!) Act would prohibit the U.S. Department of Agriculture from issuing commercial breeding licenses to those directly connected to dealers of dogs who have had their licenses suspended or revoked. Like the Puppy Protection Act, this bill would not affect family pets, livestock, or hobbyist breeders.
“The Bible teaches us to care for all of God’s creatures, and that includes man’s best friend,” Crist said. “I’m proud to help introduce bipartisan legislation that protects dogs from unprincipled dealers and breeders, providing a voice for the voiceless.”
Wasserman Schulz files airport safety bill
With the 2017 airport shooting at the Ft. Lauderdale-Hollywood International Airport as a backdrop, the Democrat from Weston has filed a bill designed to prevent a future occurrence. Wasserman Schultz is sponsoring the Airport Advanced Logistics Emergency Response and Training (ALERT) Act seeks to protect airport passengers and workers around the country.
Specifically, the bill would expand the Airport Air Transportation Security Programs administered by TSA to enhance training, require planning, improve communications, and assist customers and the traveling public in the aftermath of any airport emergency.
In addition, at the 28 airports in TSA’s highest security level known as Category X, which includes Miami and Fort Lauderdale, the Airport ALERT Act would require an integrated and unified operations center to oversee and direct security operations for the entire airport.
“It’s a comprehensive approach so that no matter where you are traveling in the United States, no matter what airport you are going through, the traveling public is subject to the utmost safety standards,” Wasserman Schulz said. “That’s what this legislation is all about.”
The bill is co-sponsored by Boca Raton Democrat Ted Deutch.
Paulson’s Politics: Donald Trump, the uniter?
Who would have thought that Trump would be able to unite the American public and politicians from both political parties?
That is exactly what Trump has done in announcing his plan to open up offshore drilling off the continental shelf to 90 percent of the coastline. This reverses the Obama administration policy that banned offshore drilling in 94 percent of the continental shelf.
Interior Secretary Ryan Zinke announced that 47 lease sales would begin in 2024, including 12 leases in the Gulf of Mexico. Zinke defended the plan arguing it would make America energy independent, expand the U.S. economy and “provide billions of dollars to fund the conservation of our coastlines, public lands and parks.”
The proposal was quickly attacked by governors and over one hundred elected officials from New Jersey to Louisiana, as well as the Department of Defense which had previously noted: “it cannot overstate the vital importance of maintaining this moratorium.”
Republican Gov. Larry Hogan of Maryland opposed the proposal due to potential damage to the Chesapeake Bay. New Jersey Republican Gov. Chris Christie said offshore drilling off the Jersey coast would threaten the $44 billion tourism industry and the 300,000 jobs it generated.
Florida Gov. Rick Scott, a close friend of Trump, opposed the plan and asked for an immediate meeting with Secretary Zinke “to discuss the concerns I have with the crucial need to remove Florida from consideration.”
Not surprisingly, Democrats in the Florida congressional delegation uniformly opposed the offshore drilling proposal, but so did most Republicans. Sen. Nelson called the plan “an assault on Florida’s economy, our national security, the will of the public and the environment … I will do everything I can do to defeat it.”
Republican U.S. Sen. Rubio joined Nelson in opposing the plan and in calling for a five-year extension of the plan that prevents offshore drilling within 125 miles of the Florida Panhandle and 235 miles off Tampa Bay. This ban, adopted in 2006, is set to expire in 2022.
Republican U.S. Rep. Vern Buchanan called the Trump plan “reckless, misguided and potentially catastrophic to Florida. As the state with the longest coastline in the continental U. S., Florida is especially vulnerable to oil spills.”
Republican Reps. Gus Bilirakis and Brian Mast both started their opposition to the plan. Mast stated that “our voice has been clear from the start; we will not tolerate drilling near the coast.”
The overriding fear of Floridians with respect to offshore drilling is the memory of the 2010 Deepwater Horizon oil spill off the Louisiana coast. Eleven people died, and 215 million gallons of oil was spilled, contaminating water from Louisiana to Florida.
Trump has frequently been accused of dividing Americans. His offshore drilling plan seems to have achieved the impossible: Trump had united the American public and Democrats and Republicans in Congress in opposition to offshore drilling.
Thank you, Mr. President, for bringing us together.
Contemplating next move, Jolly says progressive voter enthusiasm is ‘massive’
The former Republican Congressman from Pinellas County has not ruled out a rematch against St. Petersburg Democrat Crist but understands it would be a formidable undertaking to oust the first-term Representative who ousted him.
The reality is that it’s the same Democratic-leaning seat that he ended up losing to Crist in 2016 by a 52 percent-48 percent margin. Couple that with the current political temperature and Jolly knows there might be better opportunities elsewhere.
The Cook Political Report last month listed the CD-13 set as being “likely Democratic” in 2018.
“I am still considering being on the ballot for Congress, and having conversations about some statewide possibilities that we might confront by the filing deadline,” the Indian Shores Republican said last week. “The energy on the left is massive.”
If he does run for office anywhere as a Republican, he would fall under the Never Trump banner. An incessant critic of the president, his public pronouncements — mostly via Twitter — zing Trump and his administration.
He was an occasional critic of his party’s recently-enacted tax reform bill.
If Jolly does not run in 2018, there is still time for him. He is only 45 and in four years, Florida will likely have two more House seats, races for governor and the Cabinet and an open U.S. Senate seat on the ballot if Marco Rubio is not running for re-election.
Maybe the progressives will have calmed down by then.
Legendary astronaut passes away
John Young, an astronaut who once walked on the moon, died on Friday, January 5 from complications from pneumonia. Young, 87, spent a lot of time at Cape Canaveral as part of the Gemini, Apollo, and Space Shuttle programs.
He logged a total of 835 hours, or 36 days, in space throughout his career. He walked on the lunar surface as part of the Apollo 16 mission in April 1972.
In April 1981, he commanded the Space Shuttle Columbia’s, and the shuttle program’s, first flight. He was chief of the Astronaut Office from 1974 until 1987, when he retired from his post. In 1988 he was inducted into the National Aviation Hall of Fame.
Even before his career as a pilot and astronaut, Young called Orlando his home. He was a 1948 graduate of then-Orlando High School. The John Young Parkway runs through Osceola and Orange County.
“I’ve been very lucky, I think,” Young said at his retirement from NASA in 2004. Not able to specify which moment he liked the best, Young would only say “I liked them all.”
First-term Democratic Rep. Soto tweeted “RIP to Orlando favorite son Astronaut John Young. He walked on Moon but reached for the stars!”
Val Demings, also a first-term Democrat from Orlando said “This moonwalker and fearless explorer took humanity to new heights of discovery. We can all learn from his example.”
