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Showing posts with the label law

FEMA's Extirpating Salmon and Ocras

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This week marked the tenth anniversary of this conclusion made by the U.S. government against the government’s National Flood Insurance Program (NFIP).  Let me say this again:  one branch of the federal government found, a decade ago, that another branch of the federal government was jeopardizing 16 species of endangered or threatened salmon in Oregon and the orcas. Image by freepix.com This is not an environmental group or group of activists accusing FEMA. The determination was made in April 2016 by the National Marine Fisheries Service (NMFS) which is part of the U.S. Department of Commerce. NMFS is charged (by Congress) with recovering marine-related endangered species under the Endangered Species Act of 1973 (ESA). The US Fish and Wildlife Service manages terrestrial, freshwater, and avian endangered species. What does jeopardizing mean? Jeopardizing does not mean that the NFIP (an insurance program) is actively wiping out the species. Rather, it means that the program in ...

FEMA Mitigation Grants. Is it over? (updated)

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Update : March 25, 2025: I was wrong, at least partially. Today, FEMA surprised me by publishing a Notice of Funding Opportunity (call for proposals) on grants.gov for the BRIC program. It's for $1 billion covering Fiscal Years 2024 and 2025. The project cap is now $20m. Proposals are due July 23, 2026. Let's see if I was wrong on all my predictions.  Published March 10, 2025: This is my first opinion post on things I learned while at FEMA. Apologies to the States and Cities in advance. I do not believe that the mitigation grant program, the way you expect it, will be re-instated.  Despite the lawsuits, court decisions, supposed wins, and Congressional interest on the topic of FEMA’s mitigation grants, I think it’s over. Image by Freepix What Others Say For a backgrounder on this contentious topic, see this  article . Here are some of the recent headlines, all titled against FEMA. In one sentence, FEMA cut off funding. Multiple states sued FEMA in July 2025, “won” in Dece...

Resurgence of US Private Cities

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We live in a state with rules and those rules guarantee certain freedoms. When put together, some interpret those collective freedoms as sovereignty and what better way to demonstrate ultimate sovereignty than to build and run your own city?  Source: ChatGPT, 10/9/25 Is there really a substantial difference between the 1980s Oregon desert city of Rajneeshpuram and the 2020s Texas coastal flats city of Starbase? If you need a quick refresher on Bhagwan Shree Rajneesh and the city he legally incorporated in Oregon, read my February 15, 2025 post .  What Do I think I believe they are inherently the same and a precursor of more to come. Cities normally grow organically in that people settle, attract people, jobs, arts, and culture, and then eventually incorporate for self-governance. But both Rajneeshpuram and Starbase were born out of visions from their leaders: Bhagwan Shree Rajneesh and Elon Musk. There was no natural evolution. Sure, the labels are different: religious leaders...

Experiencing a coup or two (or three)

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 How Many Coups Can One Person Witness in a Lifetime? First, what really is a coup d’Ă©tat? The Term "Coup d’État" The phrase is French—literally translated, it means "blow of state" or "stroke of state." Basic French vocabulary, perhaps, but its implications are anything but simple. The term originated in 17th-century France, where it described sudden, decisive actions taken by those in power—actions that often sidestepped legal or constitutional limits. Over time, its meaning evolved to describe the abrupt and frequently violent overthrow of a government, typically carried out by a small group seeking to seize control. These groups often come from within the state itself—military officers, political elites, or insiders with enough leverage to challenge the existing leadership. An attempted coup is a failed seizure of power. The perpetrators don’t succeed in taking control—or can’t hold onto it if they do. What usually follows is a swift crackdown, a wave ...

Driving animals to extinction: reflection on human power

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I met Sudan—the world’s last male northern white rhinoceros—at the Ol Pejeta Conservancy in central Kenya in 2009. He had recently been relocated from a zoo in the Czech Republic, in a last-ditch effort to breed him naturally. I had just arrived in Kenya myself, representing the U.S. government through USAID, and embarking on a number of exciting projects.  Sudan lived another nine years before a leg infection made it impossible for him to stand. At 45, he was euthanized. For me, he is a symbol of our power over other species although at one point, the dating app Tinder dubbed him the world’s “most eligible bachelor.” ( CNN ) Photo of me with Sudan, Ol Pejeta, 2009 (real, not generated) Sudan was a northern white rhino, a distinct subspecies now functionally extinct. Only two females remain—his daughter and granddaughter—both also at Ol Pejeta. In contrast, the southern white rhino population has rebounded from around 100 in the early 1990s to nearly 20,000 today across Africa, tha...

Obituary. USAID (1961-2025). An Introspection and Prediction

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I mourn USAID the way we knew it. The agency that I worked for a decade has essentially disappeared, with only a fraction of it reincarnated and subsumed into the State Department. I empathize with all my former USAID colleagues, contractors, grantees, sub-grantees, recipients, project beneficiaries, vendors, and suppliers in the United States and around the world. All of you are economically and emotionally harmed. The battle will ensue in the Courts and in the end, Congress will have no choice but to act (see my January 4 post explaining this locus of power). The next incarnation of US Foreign Assistance will be skinny, laser-focused, more intertwined with U.S. Peace and Security, and obviously A.I.-driven. Disclaimer: the views expressed in this post are solely my own, published under my first amendment rights, and do not necessarily reflect the views of the United States Government or any of its current or former federal agencies. What Other People Say Designed by  Freepik “Aft...

Government Inefficiencies: Are Fish Farms Fishing or Farming?

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There is heightened interest in the inefficiencies of the executive branch of the federal government. Today, I unravel some of these inefficiencies using a recent fish farm example.  U.S. Court of Appeals , 5th Circuit, 2020 : “Harvesting,”  we  are  told,  implies  gathering  crops,  and  in  aquaculture  the  fish  are  the  crop.  That  is  a  slippery  basis  for  empowering  an  agency  to  create  an  entire  industry  the  statute does not even mention. We will not bite”    Natural predator guards a tilapia fish farm in Lake Victoria, Uganda The Problem There is heightened interest in the inefficiencies of the executive branch of the federal government. All organizations—whether private, governmental, or non-profit—must engage in continuous optimization to stay effective. They may achieve this through internal reforms...

My experience as a juror in a medical malpractice wrongful death case

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  “You should not surrender your honest convictions about the value or significance of evidence solely because of the opinions of your fellow jurors. Nor should you change your mind just for the purpose of obtaining enough votes for a verdict…As jurors, you are officers of this court. You must not let your emotions overcome your rational thought process. You must reach your decision based on the facts provided to you and on the law given to you, not on sympathy, prejudice, or personal preference.” -- Instructions to King County jurors in a civil case, 2020. What do I think On the surface, the American jury seems, frankly, absurd. Why should a random group of citizens—without specialized knowledge of law or the specific field at hand—be tasked with deciding someone’s fate in a court of law? What could a jury of laypeople know about the nuances of the legal system and the technicalities of cases involving medicine, education, environmental policy, or other complex areas? How can they...

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