What has become a bad legal week for Democrat Gov. John Bel Edwards
doesn’t look to get any brighter in the future, thanks to Republican Atty. Gen.
Jeff Landry.
At the week’s beginning, the U.S. Supreme Court
served notice of its refusal
to hear the Southeast Louisiana Flood
Protection Authority-East’s suit against nearly 100 companies that explored
and extracted oil for decades, leaving intact numerous lower court rulings
against it. Thus ended with a whimper the attempt by a rogue government to
squeeze money out of the private sector to finance its activities through a
nuisance jackpot
justice gambit.
(It also became a major financial setback for the
Jones, Swanson, Huddell and Garrison firm, which had signed a huge contingency
contract that could
have swiped nearly a third of any award. Instead, they get nothing; how
many millions of dollars they lost remains private.)
1.11.17
Antics in 19th JDC should affect decision on 32nd
A Louisiana 19th Judicial District judge’s
behavior provides the perfect illustration why federal courts should not
disdain alterative electoral systems in other districts.
Seven months have passed, and East Baton Rouge Parish’s Judge Janice Clark has yet to act upon a tutorship request for the estate of Helen Plummer. The will for Plummer, who died in March, left a portion of her estate to a minor great-granddaughter, and the mother of the child in order to settle the estate must become legally empowered to act in her child’s name.
As originally written, this would not have caused a problem as the will had specified a trustee would have such power over a trust created for the child upon Plummer’s death. But that trustee turned out to be Tasha Clark-Amar, Clark’s daughter, who the will specified who get extremely generous remuneration for a very modest estate. Clark-Amar heads the East Baton Rouge Council for Aging, where Plummer was a client.
Seven months have passed, and East Baton Rouge Parish’s Judge Janice Clark has yet to act upon a tutorship request for the estate of Helen Plummer. The will for Plummer, who died in March, left a portion of her estate to a minor great-granddaughter, and the mother of the child in order to settle the estate must become legally empowered to act in her child’s name.
As originally written, this would not have caused a problem as the will had specified a trustee would have such power over a trust created for the child upon Plummer’s death. But that trustee turned out to be Tasha Clark-Amar, Clark’s daughter, who the will specified who get extremely generous remuneration for a very modest estate. Clark-Amar heads the East Baton Rouge Council for Aging, where Plummer was a client.
31.10.17
Medicaid contract renewal leads some to posture
Short memories and posturing politicians make for spreading
blame aplenty as Louisiana considers how to extend management of Medicaid services
to the end of Democrat Gov. John Bel Edwards’
term.
The Joint Legislative Committee on the Budget last week considered renewing contracts with the five providers for Louisiana’s Healthy Louisiana program. These allow operators to manage the state’s Medicaid care, although for services not dealing with mental health not for the elderly nor disabled, nor including those who live in nursing homes. Amid calls for further study by committee members, the panel postponed consideration until this week.
Republican state Sen. Jack Donahue helpfully pointed out more and better metrics would help evaluating whether the deals best benefit taxpayers. Less productively, Democrat state Sen. Eric LaFleur said the time to take this approach had long passed, claiming that he and other lawmakers didn't dissect the deals enough when first put in place, criticizing the Republican then-Gov. Bobby Jindal Administration for a hurried contracting process with too little quality assurance.
The Joint Legislative Committee on the Budget last week considered renewing contracts with the five providers for Louisiana’s Healthy Louisiana program. These allow operators to manage the state’s Medicaid care, although for services not dealing with mental health not for the elderly nor disabled, nor including those who live in nursing homes. Amid calls for further study by committee members, the panel postponed consideration until this week.
Republican state Sen. Jack Donahue helpfully pointed out more and better metrics would help evaluating whether the deals best benefit taxpayers. Less productively, Democrat state Sen. Eric LaFleur said the time to take this approach had long passed, claiming that he and other lawmakers didn't dissect the deals enough when first put in place, criticizing the Republican then-Gov. Bobby Jindal Administration for a hurried contracting process with too little quality assurance.
30.10.17
LA must discard big govt to help children
You see the problem. You can have great data by
which to understand it. But if you don’t think critically about it, you’ll
never solve it but make it worse, musings
from a special interest group about the issue of varying financial success
by race in America shows.
Beginning three years ago, the Annie E. Casey Foundation compiled a report on the future prospects for children. The leftist organization advocates for government policies to benefit children, principally through expanding government and redistributing wealth.
The 2017 edition highlights disparity in financial resources enjoyed by the typical child among regions, races, and the intersection of both. It creates the index by combining a dozen indicators, some measuring context like whether parents have a high school diploma and others measuring achievement like proficiency in school, to come up with a score.
Beginning three years ago, the Annie E. Casey Foundation compiled a report on the future prospects for children. The leftist organization advocates for government policies to benefit children, principally through expanding government and redistributing wealth.
The 2017 edition highlights disparity in financial resources enjoyed by the typical child among regions, races, and the intersection of both. It creates the index by combining a dozen indicators, some measuring context like whether parents have a high school diploma and others measuring achievement like proficiency in school, to come up with a score.
29.10.17
The Advocate column, Oct. 29, 2017
Democratic hypocrisy sinks no deeper than abandoning Derrick Edwards in treasurer race
http://www.theadvocate.com/baton_rouge/opinion/letters/article_585b47b4-b9c6-11e7-acfb-03303525fc95.html
Links:
http://www.nola.com/politics/index.ssf/2017/10/louisiana_democrats_may_give_l.html
http://www.ethics.la.gov/CampaignFinanceSearch/LA-65494.pdf
http://www.ethics.la.gov/CampaignFinanceSearch/LateFeesCandidates.aspx
http://www.washingtontimes.com/news/2017/mar/13/war-on-poverty-has-been-a-failure/
http://www.theadvocate.com/baton_rouge/opinion/letters/article_585b47b4-b9c6-11e7-acfb-03303525fc95.html
Links:
http://www.nola.com/politics/index.ssf/2017/10/louisiana_democrats_may_give_l.html
http://www.ethics.la.gov/CampaignFinanceSearch/LA-65494.pdf
http://www.ethics.la.gov/CampaignFinanceSearch/LateFeesCandidates.aspx
http://www.washingtontimes.com/news/2017/mar/13/war-on-poverty-has-been-a-failure/
26.10.17
LA makes progress on roads without tax hike
Maybe the sky isn’t falling after all regarding
transportation needs in Louisiana despite legislators’ unwillingness to impose
higher taxes
All spring, the Gov. John Bel Edwards Administration lectured the state on the allegedly crucial nature of a gasoline tax hike. Breathless and loud proclamations echoed across the land, about how only such an increase, ideally 17 cents or an 85 percent increase over the current level, could permit the state to fund roads beyond the margins. Worse, it argued, the state would not have enough money to take advantage fully of federal matching dollars.
Of course, the attempt to panic policy-makers and the public into raising taxes would have served more to inflate government than to act as a necessary tool to address surface transportation priorities. When sifting through giveaways to local governments and the private sector, unnecessary programs, and bucks spent on air and water infrastructure, $120 million a year could be redirected to roads if policy-makers wanted without any taxes going higher.
All spring, the Gov. John Bel Edwards Administration lectured the state on the allegedly crucial nature of a gasoline tax hike. Breathless and loud proclamations echoed across the land, about how only such an increase, ideally 17 cents or an 85 percent increase over the current level, could permit the state to fund roads beyond the margins. Worse, it argued, the state would not have enough money to take advantage fully of federal matching dollars.
Of course, the attempt to panic policy-makers and the public into raising taxes would have served more to inflate government than to act as a necessary tool to address surface transportation priorities. When sifting through giveaways to local governments and the private sector, unnecessary programs, and bucks spent on air and water infrastructure, $120 million a year could be redirected to roads if policy-makers wanted without any taxes going higher.
25.10.17
Tax rate cuts must accompany exception paring
In the debate about the size of state government,
Louisiana deserves informed commentary, not one-sided polemicizing.
The state continues to struggle with structuring its fiscal system to promote economic development. Its 469 tax exemptions have come under particular scrutiny, with a recent panel convened by law recommending elimination of many. In response, instead, the Legislature tinkered around the margins and in net made no improvements to a structure that exempts as much as it collects.
This followed an effort made by Gov. John Bel Edwards to alter granting of Industrial Tax Exemption Program benefits that affects local governments, through executive order. His one-size-fits-all approach fails to distinguish among the economic value brought by the request and, even after slight modification, invites politicization of the process.
The state continues to struggle with structuring its fiscal system to promote economic development. Its 469 tax exemptions have come under particular scrutiny, with a recent panel convened by law recommending elimination of many. In response, instead, the Legislature tinkered around the margins and in net made no improvements to a structure that exempts as much as it collects.
This followed an effort made by Gov. John Bel Edwards to alter granting of Industrial Tax Exemption Program benefits that affects local governments, through executive order. His one-size-fits-all approach fails to distinguish among the economic value brought by the request and, even after slight modification, invites politicization of the process.
24.10.17
Monument vote to reverberate against Caddo
The Caddo Parish Commission just can’t seem to get
anything right lately.
Disregarding its own citizens panel’s recommendation, last week the body voted 7-5 to remove the monument to Confederate soldiers that sits near the parish courthouse. Given that the parish does not even have certain ownership of the parcel hosting the object, it has decided to set sail in decidedly choppy political waters.
At best, the argument to move it rested on emotion, not fact or logic. Listed on the National Register of Historical Places, it marks a historically important venue – the place where the last capital of Louisiana as a rebel state operated and eventually gave up. It doesn’t celebrate the Confederacy but local soldiers killed in action, regardless that they fought for a mistaken regime, and stands more for what it said about local attitudes about the war at the time of its erection and decades after than any ideas behind the rebellion. Given its siting in a lightly-trafficked area, unless somebody makes some effort to bring it to attention, few in the community even notice it, much less try to figure out what it is.
Disregarding its own citizens panel’s recommendation, last week the body voted 7-5 to remove the monument to Confederate soldiers that sits near the parish courthouse. Given that the parish does not even have certain ownership of the parcel hosting the object, it has decided to set sail in decidedly choppy political waters.
At best, the argument to move it rested on emotion, not fact or logic. Listed on the National Register of Historical Places, it marks a historically important venue – the place where the last capital of Louisiana as a rebel state operated and eventually gave up. It doesn’t celebrate the Confederacy but local soldiers killed in action, regardless that they fought for a mistaken regime, and stands more for what it said about local attitudes about the war at the time of its erection and decades after than any ideas behind the rebellion. Given its siting in a lightly-trafficked area, unless somebody makes some effort to bring it to attention, few in the community even notice it, much less try to figure out what it is.
23.10.17
LA case can help rebalance EPA biases
As the U.S. Environmental Protection Agency charts
a course away from its unbalanced, biased tack of the previous eight years, a Louisiana
controversy has emerged as one of the avenues by which correction may occur.
Denka Performer Elastomer LLC, with a plant in St.
John the Baptist Parish, has petitioned the EPA for relief from an
unnecessarily-high standard imposed upon the emission of chloroprene. In 2010,
through its Integrated Risk Information System (IRIS) that collates known
scientific studies, the EPA declared a limit of 0.2 micrograms of it per cubic
meter of air for the chemical. The plant on occasion has emitted 12 to 58 times
that amount.
But in a letter to the EPA earlier this year and through
Congressional testimony last month, experts from a firm with extensive IRIS
experience hired by Denka questioned the calculation of that amount. They
pointed out, in the case of chloroprene studies, a number of shortcomings to
the IRIS procedure, many having come to light previously in reports
by expert panels of the National Academy of Sciences. In all, using published
data and recognized methods, the experts discovered the EPA level overestimated
the dangerous amount of chloroprene by 156 times.
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