Collateral Damage / Thinking Only of Myself

userpic=trumpWhile eating lunch today, I’ve been reading FB and the LA Times. The LA Times had a really really interesting article about all the production and support people that have been hurt financially in the fallout of all these sex scandals. On FB, there was an Occupy Democrats meme about how Congress should stop all legislation until the Russia scandals are investigated and resolved.  Both are related to collateral damage.

Websters defines collateral damage as ” injury inflicted on something other than an intended target; specifically : civilian casualties of a military operation.” We’ve been seeing a lot of non-military collateral damage of late, and if you think about it, it is often caused by people being selfish and thinking only of themselves:

  • In these Hollywood sex scandals, actors, producers, and directors — i.e., men in power — are selfish about their sexual desires and impose themselves unwanted on others. When this catches up with them and they get fired, their productions in progress are shut down. There is disruption in production, and uncertainty and stress in production companies. These people — from the makeup artists to the script copyists to the food and craft services to the camera operators — they did nothing wrong. They have been planning their lives on a steady job that goes down because of a dick. That’s unfair collateral damage.
  • In Washington DC, this plays out another way. Congress works to serve its donors and the specific small core that gives them the edge in primaries, because they know party loyalty will do the rest. This tax bill is a great example. It serves the wealthy corporate donors quite well — and directly — and serves the self-interest of the Congress-critters by keeping them in office. It is you and I that are the collateral damage. A coworker on my van estimated that with the proposed changes in the tax code, his tax bill will go up $11,000. The citizens in high tax states are collateral damage. The middle class are collateral damage. The poor are collateral damage. Schoolteachers and graduate students are collateral damage. That’s unfair.
  • Thinking of a STOP WORK in Congress or letting the government shut down? That hurts loads of people, from the direct government employees to the contractors, from those depending on government checks to those providing health services. All have plans thrown in disarray, all have their lives in turmoil, because of political children thinking only about their political self-interest and not the people they work for.
  • At the Presidential level, we have a clear example of a President who is only thinking about his self-interest, not caring about collateral damage. Obama snubbed him in some way, so he’ll undo everything Obama did — right or wrong. Who cares who is screwed, as long as the short-term glory goes to … you know who. We have the undoing of regulations to help industries that praise him, never mind the collateral damage to the people (environmental regulations are a great example of this). We have taunting and pissing matches over twitter, making the world arguably more dangerous. All because of someone with inflated self interest.

When we look at how are are commanded to behave in the various moral codes in the world, there is one commonality: a concern about others in the community. Do not put a stumbling block before the blind. Do unto others. Welcome the stranger.

We have become a society obsessed with self — something Noel Paul Stookey predicted a long time ago would happen. We’re obsessed with the selfie; with film cameras, we primarily took pictures of others. We’re obsessed with our self interest at work and in life: how does this benefit me?

Even if we don’t reach the level of asking how our actions might benefit others, we should at least take the small step of thinking about how our actions might impact others. Before you grab that pussy, ask yourself: If I got fired or divorced because of this, who would be hurt? Before you vote in favor of that tax bill, ask yourself: who will be hurt if this passes? Thinking about the negative impacts of your actions is just as important as thinking about the positive ones, if not even more important.

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Pardon Me

userpic=trumpAs I read all the discussions around Trump’s pardon of Joe Arpaio, a few articles keep sticking in my head:

  • The Power to Pardon. First, to set the context, listen to this excellent TrumpConLaw podcast on the Pardon Power. In short, the President can pardon whomever he wants, but only for Federal crimes, only after the crime has been committed, and it can’t be a pardon from impeachment. Most Presidents (and Trump isn’t “most Presidents”) pardon on the recommendation of the Justice Department, only after some jail time has been served, and for the controversial ones, as their last action as President before they leave so they don’t have to suffer the political ramifications. But, as I noted, Trump isn’t “most Presidents”. He’ll get to deal with the fall out.
  • Why He Did It? (Take One). Vox has an interesting explanation of why he did it: To send a message that the enforcement of law and order takes priority over the actual laws. Arpaio was convicted of violating civil rights in order to enforce his interpretation of law and order, which is congruent with Trump’s interpretation. Or, as Vox put it, “Joe Arpaio recognized the fundamental truth of Trump’s worldview even before Trump did: that promising “law and order,” and protection from social disorder in the form of unauthorized immigration and street crime, didn’t require you to actually adhere to the rule of law.” This sends message #1 from Trump: “If you are doing what I like, I’ll protect you from the law.”
  • Why He Did It? (Take Two). The LA Times presents a different take on the subject: the Federal Government expects local help on dealing with immigration issues, to the extent they will shield those who violate civil rights to take actions against immigrants. It sent the message that using racial profiling was acceptable in Trump’s book.
  • Why He Did It? (Take Three). The Atlantic captures yet a third message in Trump’s pardon: Contempt for judges and the rule of law. As the Atlantic writes: “The Arpaio case was the very integrity of the federal judiciary. He was not convicted of an ordinary crime, but of deliberately disobeying a federal court order and lying about that; but beyond that, during the litigation that led to his conviction for criminal contempt, he hired a private detective to investigate the wife of a federal judge hearing a case against his office. Any judge can understand the threat posed by law enforcement personnel who seek to strike back at judges and their families, perhaps for purposes of blackmail or revenge—and the deep arrogance of a president who regards such behavior as praiseworthy. In fact, since even before the election, Trump has brandished his hostility to judges almost as aggressively as his disregard of racial decency. When federal district Judge Gonzalo Curiel was assigned the Trump University civil fraud case, Trump attacked the Indiana-born Curiel in front of a campaign rally as “Mexican” and “a total disgrace.” When Judge James Robart (a George W. Bush appointee) of the District of Washington enjoined the first version of Trump’s “travel ban,” Trump on Twitter dismissed Robart as a “so-called judge” and told his supporters “If something happens blame him and court system.”  When another District Judge enjoined his “sanctuary cities” defunding order, Trump publicly threatened to break up the Ninth Circuit. When a terror cell carried out a car attack in Barcelona earlier this month, Trump immediately zeroed in on the “travel ban” case, now pending before the Supreme Court: “The courts must give us back our protective rights,” he tweeted. Every indication is that Trump will respond to an adverse Supreme Court ruling on any important issue with a full-throated assault on the court and on the very idea of judicial independence. That the court’s majority is conservative and Republican won’t matter.”

In short, the simple takeaway is this: As President, Trump has the authority to pardon whomever he wants for a Federal crime. Once pardoned, one cannot un-pardon. However, the President has to deal with the fallout of his actions, and this will add to Trump’s shedding of any discretionary supporters. All that will be left is the hard-core (“rabid”?) base of those that place ideology and hatred of “the other” over the laws of this country. Trump never had any progressive support, and those who were supporting him for fiscal conservatism are coming to realize that there are better ways to achieve their goals, and better politicians to back to do so.

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Parallel Divides

userpic=divided-nationReading through my Facebook feed today, an article from Haaretz caught my eye: ‘Religion-hating Gangsters’: Israeli Orthodox Vitriol Toward Reform Jews Escalates Amid Kotel Crisis.  As the article is a premium article (meaning if you don’t come in right, it is behind a paywall), I’ll quote from it a bit more than I normally would:

“Inappropriate and insolent.” That’s how Rabbi Abraham Gordimer, a member of the Rabbinical Council of America and the New York Bar, dubbed Reform Jewish protests against the government’s decision to freeze plans for a pluralistic prayer space at the Western Wall.

Rabbi Gordimer’s comments, published on the right-leaning Arutz Sheva website in English, were mild compared to the wave of bile heaped upon the followers of Reform Judaism in Israel’s right-wing Hebrew press. Readers would have been forgiven for forgetting that the government itself had approved the plan last year after four years of negotiations brokered by Jewish Agency Chairman Natan Sharansky.

Far-right lawmaker Betzalel Smotrich (Habayit Hayehudi) accused the Reform movement of “dragging Diaspora Jews into a fight.” He said responsibility for the crisis lay with “a small fringe group of a few dozen activists in the Israeli Reform movement. They don’t care about the right of an individual to pray according to his beliefs.”

A profile of Reform leader Rick Jacobs in Israel’s Maariv daily newspaper and the NRG website portrayed him as an “extreme left,” pro-BDS “gangster” as one of the many Israelis who circulated the story on social media described him. A commentary on Channel 20 accused him of being a “selective Zionist” and creating a platform for anti-Semitic propaganda.

[…]

Non-Orthodox Jews were depicted as outsiders with no legitimate say in what should or shouldn’t happen at the Western Wall or in Israel at large.

[…]

Anti-Reform sentiment runs deep among Israel’s Orthodox leadership. At the Haaretz conference earlier this month, lawmaker Moshe Gafni of United Torah Judaism explained why he could not align with left-wing parties even though he found them “more intelligent” than their counterparts on the right. “Why don’t I go with the left? Because you sit with the Reform,” he said.

Last month, Rabbi Meir Mazuz, head of Yeshivat Kashei Rachamim, compared Reform Jews to pigs in his weekly sermon. “They are not Jews,” he said.

Rabbi Michael Marmur, provost of Hebrew Union College-Jewish Institute of Religion in Jerusalem, said there has long been among some streams of the Orthodox movement “a long history of looking at the Reform movement as a boogey man and a tendency to blame Reform for all the heinous things in the world.”

“As we make more inroads into the conversation about what Israel should look like, there is an inflationary spiral in the rhetoric,” he said. “The vitriol you see expressed is in direct proportion to us trying to make a stand. We are wheeled out as the enemy, as traitors. The article about Rick Jacobs is a classic example. If Reform Jews and the Reform movement he represents are understood as a dagger in the back, as a fifth column, then the problem is neutralized.”

As I read through this, I was struck by the parallels in the rhetoric that I have seen — and continue to see — from what I would characterize as many in the far right — the ardent Trump supporters. Further, given the very un-Presidential tweet of an animation showing our President* beating up and bloodying the mainstream media, personified by CNN, I dare to say that this is rhetoric I’ve seen from our President himself.

From my very Conservative friends on my Facebook feed, I have seen posts making the same claims about Liberals that the Orthodox make about Reform. Read the quote above and replace the sentiment with Liberals, and it will sound familiar. “They are not Americans”.  There is “a long history of looking at the Liberal movement as a boogey man and a tendency to blame Liberals for all the heinous things in the world.” “Liberals are wheeled out as the enemy, as traitors. The article about [insert your Democratic candidate] is a classic example. If the Democratic Party and the Liberal/Progressive movement he represents are understood as a dagger in the back, as a fifth column, then the problem is neutralized.” As to why moderate Republicans might not work with the Democrats? Lawmaker [insert name here] of the Republican Party explained why he could not align with left-wing parties even though he found them “more intelligent” than their counterparts on the right. “Why don’t I go with the left? Because you sit with the Liberals/Progressives,”

It sounds far too familiar. Yet from Reform Jews towards Orthodoxy, just as from Liberals towards Conservatives, I don’t see the same level of hatred or divide. There is the willingness to accept the diversity of opinion, to recognize that we can agree to disagree. Reform Jews don’t characterize Orthodox as the source of all problems in Judaism, just as Liberals do not  characterize all Conservatives as the source of all problems in America. (Well, most don’t).

If this country is to move forward and not split apart, we must learn to see people as people and not the abstract enemy that we hate. Separation and hatred plays to activist bases, but doesn’t solve problems. Unfortunately, we may never get past this if the leadership of the parties do not set the example. If our leaders cannot work together, how can the people ever have a hope of doing the same. My voice is insignificant — I’m represented by congresscritters and senators that already feel as I feel. I’d urge those supporting the President to urge him to act Presidential, to remember that he is the President of the entire country, not just the minority of the voters that voted for him. But, alas, even as congressional leadership urges that, he is ignoring it.

Almost 27 years ago I started the Liberal Judaism Mailing List to provide a place where people from different Jewish movements could discussion issues in an environment where we respected each others as Jews and didn’t let movemental affiliation impact that respect.  Fundamental to that discussion was the notion that saying lies or propagating myths about the other side is essentially Lashon Horah, propagation of gossip and lies. Through hard moderation, we were able to keep a positive dialog going for a long time. Why can’t, as Americans, we do the same?

As we approach this July 4th, we must remember that the original motto of this country was not “In God We Trust”, and there wasn’t an emphasis on pushing Christianity on the people (the only reference to religion in the Constitution was the fact that there shouldn’t be a religious test for office holders). Rather, the original motto was, E Pluribus Unum, “From Many, One”. It is the many voices that came together to make this nation strong, not one voice stomping out all the others.

*: Yes, our President. Whether you voted for him or not, he is President of this  country. The fact that he doesn’t act very Presidential, as someone people can respect and model behavior after, is a different issue.

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Don’t Sound Conservative To Me (A Lunchtime Rant)

userpic=trump[NEVERMIND — It turned out the source that triggered this was from a satire site. This is not the post you are looking for. Move along.]

Recently, I commented upon a tweet of President Trump’s that was internally contradictory. Today, I was reading another article where a statement from Press Secretary Sean Spicer just blew my mind. Here’s the statement (from this article) — take note of the phrase I have emboldened:

Asked by several reporters to clarify the full extent of the president’s power, or in other words, its limitations – if they exist – Spicer argued that the Constitution “clearly states” what the President of the United States can and cannot do. “However,” he added, “one must also recognize the fact that our Constitution was written quite a while ago and, as such, isn’t ideal when it comes to facing the issues that plague the American society nowadays. One of those issues is also the limit of the president’s power. Just like our language and many other things that are typically American, our Constitution is also a living thing that changes and evolves as time goes by. And if it doesn’t do so on its own, then it has us, the people of America, to help it. However, seeing how the people already have more than enough on their plate these days, the president has decided not to bother you folks with such boring decisions.

One of the major complaints of the Republican Party has been activist judges interpreting the Constitution in the way that the founders never intended. This has been a primary argument of those desiring particular Supreme Court judges. In fact, one of the reasons that Trump’s nominee was such a concern to Democrats is that he was a strict interpreter. Trump, during his campaign, endorsed strict interpretation. Yet look at the statement again: “our Constitution is also a living thing that changes and evolves as time goes by.” That seems to be the argument that the Democrats have been making — so why aren’t the Republicans up in arms about this statement.”

As for the issue of limiting Presidential power: the desire for that limitation shouldn’t be based on the individual that occupies the office.  It seems that the Republicans wanted all sorts of limitations on Presidential power when Obama was in office. One would think they would want such limitations under Trump, because eventually Trump will be replaced by a Democrat.

Then again, there is this statement by Spicer:

“For example, President Trump not only has the power to fire Robert Mueller; he also has the legal ability and right to cancel and disband the Supreme Court of the United States as well, should he feel the need for it. And no one could argue with such a decision.”

Say that again? The Supreme Court is defined in the Constitution. He cannot disband it and fire all the members — that would be a clear violation of the constitution. There is also a long standing precedent about judicial legitimacy (see Episode 1 here) going back to the days of Marbury v Madison, which established the authority of the Supreme Court to declare Congressional and Presidential actions and laws unconstitutional. Given the length that this precedent has been standing, Trump’s legal team would need a very strong basis to overturn it — and arguing a flexible Constitution isn’t it.

In short: Yes, the President can fire Executive Department members, as the head of the Executive Branch. However, if those actions can be shown to be attempts to impede investigations, there can be charges of obstruction of justice (and yes, Mr. Gingrich, the President can be guilty of obstruction — look at Nixon and Clinton). The President cannot fire members of Congress or their staff. He cannot fire the Supreme Court; they are hired by Congress and serve for life or until they retire.

This is why it is vitally important that Congress — not the FBI — appoint an independent investigator to look into all charges related to Russia and its interference with American politics, into conflicts of interest that impact government decisions, and to use of elected and appointed offices for personal gain. That will insulate the investigator from Presidential interference. As with President Obama, I’m sure that if the investigator concludes there is nothing to see, everyone will believe it.

 

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Internal Contradictions

userpic=trumpI haven’t done a Trump post in a while — basically, the situation has become so bazaar that no commentary is necessary, and the sides are so polarized that no commentary is useful. A bad situation. But a post came across my RSS feeds this morning that keeps sticking in my head. It is about an internally contradictory tweet from Trump about the Comey testimony:

At 6:10 am on Friday, Trump broke his silence on Comey’s testimony. And in doing, he provided an object lesson in how he uses bullshit, rather than arguments or even lies, to achieve his goals.

Despite so many false statements and lies, total and complete vindication…and WOW, Comey is a leaker!

— Donald J. Trump (@realDonaldTrump) June 9, 2017

Step back and assess the contradictory things Trump is asking us to believe:

  • Trump’s first point is that Comey is a liar (and, since he was testifying under oath before the Senate, a perjurer). It is not just Trump making this case. White House staff have said that Trump, among other things, never asked for Comey’s loyalty, and that the ex-FBI director is making his story up. No one really believes this, but then, that’s not the point.
  • Trump’s second point is that even though Comey is a liar trying to frame Trump, his testimony is believable as a complete and total vindication for Trump, though what Trump is being completely and totally vindicated of is unclear.
  • Trump’s third point is that Comey “is a leaker.”

My take on this is: If Comey is a liar, then how can his testimony be a total and complete vindication. If what he says is a fabrication, it can’t prove anything. If it is true, then it really isn’t a vindication. Additionally, if he is a liar, then his leak is false as well. Since you consider him a leaker, and that his testimony was true enough to vindicate, then he can’t be lying.

There was an interesting take on things yesterday on NPR, when discussing whether when the president indicates he wishes something would happen, whether that was a direct order. The response was that the President is similar to a mafia boss: When Don Corlione wishes that someone might have an accident, they somehow conveniently have an accident. So when the President hints that Flynn is his friend and he wishes the investigation would go away, that is obstruction of justice.

I have all confidence that the hole will continue to be dug deeper. My larger dismay is more with the Eric Trumps of the world, who don’t consider Trump’s opponents as people. I’ve seen this from many, but not all, of my Conservative friends. They view Democrats and Liberals as the lowest of the low, as scum of the earth, a class that they wish would go away. And, as noted above, we know the power of “wishes”. This dehumanizing language is the first step towards genocide of groups or people. View your opponent — be it Democrat, Jew, Black, Asian, Mexican, Muslim — as not human and worthy of life, and it becomes much easier to treat them as such, to the point of killing them because they have no value. I strongly urge those who hold such views — no matter where you are on the political spectrum — to reconsider them. You can disagree with someone without dehumanizing them.

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A Problem of Definitions

userpic=trumpYou may have noticed I’m doing fewer political posts. A lot of it is because I get far too disgusted when I read the political news these day. I realized yesterday that the root of our problem comes from our failure to establish good definitions.

If you ever work with government rules and regulations, you know that a key part is getting the terms defined correctly and precisely. One wrong definition, one wrong comma, and you don’t get what you want. Millions of people voted for Donald Trump, and his stated goal of “Make America Great Again.” There’s only one problem. They failed to precisely define “Great”.

I know, for me, what a “great” America is. It is one that ensures that its citizens are treated right. It is one that make sure there is no discrimination on race, sex, orientation, gender, size. It is one that protects those that needs protection, and one that uses laws to restrain the evil inclinations inherent in our kind. It is one that ensures there is affordable housing, healthcare, and safe living conditions. It is one where jobs and job training is available. It is one where any person can succeed if they wish, but where success does not come with class warfare or class exploitation. It is a Nation where people can feel safe in their beds and on the streets, no matter their color or class. It is one that provides the necessary infrastructure to support fair commerce. It is one where people want to pay to provide those services, because they believe that benefits come with responsibilities — where those who have feel the obligation to help those who have not.

But I recognize that my definition of “great” is not universally shared. It certainly isn’t shared by our current leadership.

I recognize that those who voted for Trump have a different definition of “Great”. They see “Great” as something we once were, back in the days of the Greatest Generation. The days when the Government didn’t do so much, didn’t involve itself in so many lives. The days when the middle class — and it was mostly a white middle class back then — could be assured of well-paying jobs. They were looking for the “Leave It To Beaver” world, a “Father Knows Best” world, where protest didn’t happen, when America’s might was unquestioned, when those pesky people that looked different or talked different were invisible (unless you were a Cuban band leader). That was the “Great” they expected Trump to bring back.

Was that Donald Trump’s definition of “Great”? I think not.

Donald Trump is a simple man, and his definition of “Great” is simple: America is great when Donald Trump is winning.

Donald Trump wins when taxes on the wealthy go down (which repealing the ACA does). Donald Trump wins when environmental regulations and bureaucratic red tape is cut. Donald Trump wins when petty dictatorships talk to him and permit him to market and build in their countries. Donald Trump wins when his financial dealings aren’t disclosed.

A man like Donald Trump would fit right in with the Robber Barons of the late 1800s, when there were no anti-trust concerns, political power was absolute with the right bribes and connections, when being white was right, without question. A time when the poor were working in horrid conditions, with no government protections. A time when America was isolationist, not spending funds on foreign activities.

Donald Trump would love those time to come back. They would make him Great again, and if he is Great, America is Great.

Damn that pesky definition.

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Conspiracy Theories: The Key is Plausibility

userpic=trumpPresident Trump is a never ending source of conspiracy theories. From his farcical belief that Obama directly wiretapped his phones, to the notion that the former President is part of some sort of “Deep State” conspiracy with George Soros to usurp his throne his office — it’s all conspiracy, all the time.

It’s Just an Excuse

On Friday, news came out that a laptop was stolen from an Secret Servent agent’s car. The agent told investigators the laptop contained floor plans for Trump Tower, evacuation protocols and information regarding the investigation of Clinton’s private email server, according to sources. An agency-issued radio was also taken, according to Politico. Other items stolen include “sensitive” documents, an access keycard, coins, a black zippered bag with the Secret Service insignia on it and lapel pins from various assignments — including ones involving President Trump, the Clinton campaign, the United Nations General Assembly and the Pope’s visit to New York, sources said. Sources and neighbors said the thief stepped out of a dark-colored sedan, possibly an Uber, and darted into Argentieri’s Bath Beach driveway about 3 a.m. According to the neighbors, a video of the theft “showed somebody running to the car and running back out.  They knew what they were doing, absolutely. They knew what they were hitting.”

In parallel news, the Secretary of State threatened North Korea. On his first trip to Asia this week, Tillerson had declared that diplomacy has failed to persuade North Korea to abandon its nuclear program, and that a new approach was needed. On Friday in Seoul, he warned ominously that all options were on the table to counter the threat from Pyongyang. President Trump weighed in Friday by goading China over Twitter for not doing enough to help prevent its ally from “behaving very badly.”

What if these were connected? What if this was just a coordinated conspiracy to frame North Korea and to give us an excuse to preemptively attack them and remove the threat. Another part of the government could easily have worked with the Secret Service on the threat to give the attack a public start, and then arrange an attack on Trump Tower that looks like it was from North Korea. We would then have to respond.

But its only a theory.

Budgets and Donations

Another headline I saw this morning talked about a significant surge in donations to Meals on Wheels after they were threatened with funding cuts. There have been similar significant surges in donations to Planned Parenthood. Environmental organizations are seeing donations surge. ACLU is seeing memberships and donations surge. Non-profit news organizations are seeing donations surge. NPR, NY Times, WSJ — all surging. On the other side, there has been a significant drop in gun and ammo sales since the election, although the NRA reads the stats differently.

What if this was the plan all along? What if Trump is making all these outrageous budget plans specifically in order to make people treasure the endangered organizations more, and to get them more money in donations?  He then lets Congress eviscerate the proposals, simultaneously convincing the arch-conservatives he tried to do the right thing, getting them to change Congress to be more right-wing at the next election for voting them down (thanks to gerrymandering), and bringing in more funds for the organizations.

But its only a theory.

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What Is The Right Road to Take?

Along with Donald Trump’s budget proposal comes news of significant cuts at the EPA, both in research funds and in regulations. An article in Governing Magazine uncovers an interesting debate regarding those cuts with respect to infrastructure funding: Is it right to gut environmental regulations that both delay and raise the cost of infrastructure funding in order to get more infrastructure faster? Quoting from the article:

President Trump has made no secret over the course of his campaign and early administration that he thinks it takes too long for infrastructure projects to get approved and built. A report from The Wall Street Journal last week indicated just how much he’d like to speed things up: The president wants states to start building within 90 days of getting federal money, compared with the years it can take for projects to start now.

The biggest hold-ups for most projects, though, come from federal — not state — regulations. State and county transportation officials say federal environmental, safety and workplace reviews can more than double the time it takes to complete a project.

But, they add, a GOP-controlled Congress and new administration provides the perfect opportunity to re-evaluate many of those long-standing environmental laws.

“We are not talking about trying to go out and gut the environmental process,” says Tim Hill, the administrator in charge of environmental services for the Ohio Department of Transportation (ODOT). “That’s not what states are about. They support clean air. They support clean water. They want to make good, common-sense decisions. But they want common-sense decisions in a process that allows flexibility.”

Of course, many environmental groups are wary of any major changes to landmark environmental laws, especially because Congress has already sped up many parts of the reviews in recent years.

“They already won,” says Scott Slesinger, the legislative director for the Natural Resources Defense Council (NRDC). “The problem isn’t and has never been [environmental reviews] that have caused the delays. It’s other stuff. It’s money. It’s local opposition. It’s supply-chain problems.”

This is something that can be clearly seen in California. Before the days of the EIR, roads could be built anywhere and everywhere, seemingly. Since the EIR process started, there are meetings and research and reports even to widen a road in place. The article talks about the many regulations and laws affecting infrastructure funding, from the Clean Water Act to the Endangered Species Act to the National Environmental Policy Act to the Buy American provisions. Quoting again from the article, regarding the NEPA:

The scope of the review depends on the size of the project. Projects that cost less than $5 million — which are the vast majority of transportation projects — are generally excluded from the impact study. Slightly larger projects, like a new intersection or highway on-ramp, require a more involved process called an “environmental assessment.” The biggest projects, like ones that require new rights of way, require a full environmental impact statement.

It’s the biggest projects that tend to get the most attention, and they’re the ones with the longest approval process. For projects approved in 2011, for example, the average time the NEPA process took was more than six years.

Congress responded to criticism about the lengthy reviews when it wrote its last two major surface transportation funding bills in 2012 and 2015. Federal lawmakers, for example, expanded the types of projects that were exempt from the reviews. They also allowed states to conduct their own NEPA reviews on behalf of the federal government, which California, Florida, Ohio, Texas and Utah have opted to do. Hill says Ohio saved $4.6 million in the first three months of doing the reviews itself.

So what do you think is the right answer? Do you think infrastructure trumps environmental quality. Literally?

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