SCOTUS and Roe - Part 2

TIDE-HSV

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Yes - NPDES, Mostly CAFO (confined animal feeding)- chicken houses, cattle (mostly dairy), pig farms, forestry, and some wetland delineation inspections & permitting. I learned a lot with that job.
I've done a little E-law work. Where in Jackson County did you get shot at?
 

PaulD

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I can't speak for the Army, but I saw the Air Force chaplains becoming more and more right wing. Because fewer chaplains were coming from the more mainstream denominations, more are coming from the evangelical side.

I had a bit of a battle with them not long before I retired when I refused to approve the chapel's seeking a contract organist because the solicitation said the organist had to be a heterosexual. I told them that regulations flatly prohibited that restriction. When I was told that the chaplains would resign their commissions, I said that was their decision, but as a lawyer, I couldn't tell them it was okay to violate the rules.
 

PaulD

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Non-US Senator Todd Akin of Missouri says hello.

"First of all, from what I understand from doctors, that's really rare. If it's a legitimate rape, the female body has ways to try to shut that whole thing down."

Rape and pregnancy statement controversies in the 2012 United States elections
 

MobtownK

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I've done a little E-law work. Where in Jackson County did you get shot at?
I want to say it was Skyline, but it's been 15 years. I'd driven over from a big hog farm in Henager - up the swithcback mountain roads.

There's a little mountain road just north of skyline. The right was a slope down to a stream & cow pasture. The left was a slope up the hill. I don't remember which stream I was looking down on. I stopped and got out to look at cows - we'd had a complaint they were in the creek - which is fine on occasion, just so they aren't always there. Standing near the state car, a bullet went by my head & hit a tree. Then another nearby. I don't think they were trying to kill me or they would have. I looked up to the hill where it'd come from & couldn't see a thing, but also didn't want to stick around & find out either.

Pretty bold trying to kill a lone *kid* in a state marked car. I must have looked real threatening at 5'4" in a polo & khakis.

eta - said you'd done e law... it gets weird..

Court case was in Dekalb - involving the Little River, two chicken farming brothers, and an unfortunate job by the county road dept. I believe the lawyers name was McFadden? Really nice older man.
The brothers did need more temporary sediment traps at first - but the judge didn't understand that temporary means temporary - during construction... They fixed the runoff. The main problem was that the road had been re-graded. The county used really silty material. Every time it rained the road washed & all the rich transplants in Mentone didn't understand & blamed the farmers. No one wanted all the runoff, but the Grays had done due diligence after a contentious beginning. They had a few problems - but they fixed them.

How on earth the judge ruled against them idk - before I testified in the case they hated me - even though I'd told them exactly what I'd seen. Afterwards they liked me. It was terrifying testifying in court - I was a nervous wreck & the plaintiff lawyer & judge tried to railroad me. I only lost my temper once - bc I was tired of being talked over when I was the expert witness. Told them that the state of Alabama doesn't deal in hypotheticals - we deal in facts.

 
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UAH

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I want to say it was Skyline, but it's been 15 years. I'd driven over from a big hog farm in Henager - up the swithcback mountain roads.

There's a little mountain road just north of skyline. The right was a slope down to a stream & cow pasture. The left was a slope up the hill. I don't remember which stream I was looking down on. I stopped and got out to look at cows - we'd had a complaint they were in the creek - which is fine on occasion, just so they aren't always there. Standing near the state car, a bullet went by my head & hit a tree. Then another nearby. I don't think they were trying to kill me or they would have. I looked up to the hill where it'd come from & couldn't see a thing, but also didn't want to stick around & find out either.

Pretty bold trying to kill a lone *kid* in a state marked car. I must have looked real threatening at 5'4" in a polo & khakis.

eta - said you'd done e law... it gets weird..

Court case was in Dekalb - involving the Little River, two chicken farming brothers, and an unfortunate job by the county road dept. I believe the lawyers name was McFadden? Really nice older man.
The brothers did need more temporary sediment traps at first - but the judge didn't understand that temporary means temporary - during construction... They fixed the runoff. The main problem was that the road had been re-graded. The county used really silty material. Every time it rained the road washed & all the rich transplants in Mentone didn't understand & blamed the farmers. No one wanted all the runoff, but the Grays had done due diligence after a contentious beginning. They had a few problems - but they fixed them.

How on earth the judge ruled against them idk - before I testified in the case they hated me - even though I'd told them exactly what I'd seen. Afterwards they liked me. It was terrifying testifying in court - I was a nervous wreck & the plaintiff lawyer & judge tried to railroad me. I only lost my temper once - bc I was tired of being talked over when I was the expert witness. Told them that the state of Alabama doesn't deal in hypotheticals - we deal in facts.

I have spent a lot of time travelling the back roads of Sand Mountain and travel by the chicken houses near Henagar on the way Atlanta. Last year due to a road outage down the mountain we were forced to detour through the Mentone community and were surprised by the the residential construction going on. BTW the Paint Rock River area just west of Skyline was well known for stills and whisky making. Strangers were not at all welcome there and experienced the same type of warning shots. Of course the area is practically a suburb of Huntsville now.
 
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TIDE-HSV

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Oct 13, 1999
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I want to say it was Skyline, but it's been 15 years. I'd driven over from a big hog farm in Henager - up the swithcback mountain roads.

There's a little mountain road just north of skyline. The right was a slope down to a stream & cow pasture. The left was a slope up the hill. I don't remember which stream I was looking down on. I stopped and got out to look at cows - we'd had a complaint they were in the creek - which is fine on occasion, just so they aren't always there. Standing near the state car, a bullet went by my head & hit a tree. Then another nearby. I don't think they were trying to kill me or they would have. I looked up to the hill where it'd come from & couldn't see a thing, but also didn't want to stick around & find out either.

Pretty bold trying to kill a lone *kid* in a state marked car. I must have looked real threatening at 5'4" in a polo & khakis.

eta - said you'd done e law... it gets weird..

Court case was in Dekalb - involving the Little River, two chicken farming brothers, and an unfortunate job by the county road dept. I believe the lawyers name was McFadden? Really nice older man.
The brothers did need more temporary sediment traps at first - but the judge didn't understand that temporary means temporary - during construction... They fixed the runoff. The main problem was that the road had been re-graded. The county used really silty material. Every time it rained the road washed & all the rich transplants in Mentone didn't understand & blamed the farmers. No one wanted all the runoff, but the Grays had done due diligence after a contentious beginning. They had a few problems - but they fixed them.

How on earth the judge ruled against them idk - before I testified in the case they hated me - even though I'd told them exactly what I'd seen. Afterwards they liked me. It was terrifying testifying in court - I was a nervous wreck & the plaintiff lawyer & judge tried to railroad me. I only lost my temper once - bc I was tired of being talked over when I was the expert witness. Told them that the state of Alabama doesn't deal in hypotheticals - we deal in facts.

I had a couple of clients close together in time get into trouble with perc. One was a cleaners which got wiped out by a tornado and one was a shopping center, where a cleaners was located. I decided I'd better learn more about it and traveled down to Samford to take several courses. A really nice guy taught them - Bob Green with Bradley, who'd earlier been the EPA chief counsel in Atlanta for the SE. Oddly, those two cases came up when you were with ADEM. We were trying to sell the shopping center, and, as a part of due diligence, several test holes were drilled. One, out in the middle of the parking lot showed very low perc. Thing was, the little cleaners had never used anything but petroleum and we had 40 years of records to prove it. Also, the holes close to the cleaners were showing no perc. We kept repeating tests on the positive hole and the perc dropped until it was no longer showing. At this point, it became clear that the driller's equipment was contaminated, although they wouldn't admit it. However, I was dealing with the laziest public servant I'd ever met at ADEM. He wouldn't move until I went over his head and then he scrambled and proposed a deed restriction that the property could never be used for residential purposes. (Fat chance, since it was zoned C-1.) That could have been done two years earlier...
 
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MobtownK

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I had a couple of clients close together in time get into trouble with perc. One was a cleaners which got wiped out by a tornado and one was a shopping center, where a cleaners was located. I decided I'd better learn more about it and traveled down to Samford to take several courses. A really nice guy taught them - Bob Green with Bradley, who'd earlier been the EPA chief counsel in Atlanta for the SE. Oddly, those two cases came up when you were with ADEM. We were trying to sell the shopping center, and, as a part of due diligence, several test holes were drilled. One, out in the middle of the parking lot showed very low perc. Thing was, the little cleaners had never used anything but petroleum and we had 40 years of records to prove it. Also, the holes close to the cleaners were showing no perc. We kept repeating tests on the positive hole and the perc dropped until it was no longer showing. At this point, it became clear that the driller's equipment was contaminated, although they wouldn't admit it. However, I was dealing with the laziest public servant I'd ever met at ADEM. He wouldn't move until I went over his head and then he scrambled and proposed a deed restriction that the property could never be used for residential purposes. (Fat chance, since it was zoned C-1.) That could have been done two years earlier...
Not going to lie - there were some that were lazy & liked to make life harder for people. I loved the farmers - & in time, some came to like me too.
 
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UAH

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I had a couple of clients close together in time get into trouble with perc. One was a cleaners which got wiped out by a tornado and one was a shopping center, where a cleaners was located. I decided I'd better learn more about it and traveled down to Samford to take several courses. A really nice guy taught them - Bob Green with Bradley, who'd earlier been the EPA chief counsel in Atlanta for the SE. Oddly, those two cases came up when you were with ADEM. We were trying to sell the shopping center, and, as a part of due diligence, several test holes were drilled. One, out in the middle of the parking lot showed very low perc. Thing was, the little cleaners had never used anything but petroleum and we had 40 years of records to prove it. Also, the holes close to the cleaners were showing no perc. We kept repeating tests on the positive hole and the perc dropped until it was no longer showing. At this point, it became clear that the driller's equipment was contaminated, although they wouldn't admit it. However, I was dealing with the laziest public servant I'd ever met at ADEM. He wouldn't move until I went over his head and then he scrambled and proposed a deed restriction that the property could never be used for residential purposes. (Fat chance, since it was zoned C-1.) That could have been done two years earlier...
Cleaners and underground gasoline/diesel tanks have offered full time employment for DNR/EPA administrators and attorneys on both sides. Your comment brings back memories of deep holes and expensive remediation efforts principally because it was the easiest way out for the bureaucrats.
 

TIDE-HSV

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Oct 13, 1999
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Cleaners and underground gasoline/diesel tanks have offered full time employment for DNR/EPA administrators and attorneys on both sides. Your comment brings back memories of deep holes and expensive remediation efforts principally because it was the easiest way out for the bureaucrats.
"Pump and clean"...
 

TIDE-HSV

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Huntsville, AL,USA
I did some work at the Ciba Geigy (now BASF) plant in McIntosh 1987-88. They had a groundwater treatment plant going then. The plant at one time made DDT. Back then, their tank farms did have concrete containment walls around them - but they had oyster shell floors inside the containment.
"Strict Liability"...
 
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MobtownK

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I did some work at the Ciba Geigy (now BASF) plant in McIntosh 1987-88. They had a groundwater treatment plant going then. The plant at one time made DDT. Back then, their tank farms did have concrete containment walls around them - but they had oyster shell floors inside the containment.
In Florida I worked on UST & AST permitting and inspections. Seems like so much everyone kicked the can down the road. From the owners, state, everyone. I hated it.
 
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