thegreekdog wrote: PLAYER57832 wrote:thegreekdog wrote: PLAYER57832 wrote:thegreekdog wrote:
It's a big deal in that situation as well. The difference between those situations and this one is that no one thinks this situation is a big deal. Pretty much everyone thinks the big business hurting the environment through lobbying is a big deal (or at least know that it happens). I just like pointing out hypocrisies.
Except when I argued as much regarding drilling in the Allegheny Forest, specifically pointing out how the large companies were subverting many jurisdictions, you took the opposite track. You have in ohter cases as well.
Actually, I didn't take the opposite track. What I did was explain to you why the result was the legal result (whether right or wrong). You confused that for arguing that I believed the frackers were in the right.
No, you actually did not even do that. You just looked at one side of the argument and dismissed the other side as being without grounds.
thegreekdog wrote:In fact, I made multiple references in that thread about how I found any government eminent domain claims that went to private individuals as antithetical to my political views. Ultimately, the reason the Allegheny forests are going to be destroyed is because of rent-seeking. I understand that and consistently argue against it in all facets of political argument. It is actually people like YOU who only arguing against rent-seeking when it's something you don't like and it is actually people like YOU who argue in favor of rent-seeking when it's something you do like.
No, by trying to "explain" an compare the Allegheny Forest situation to "those other issues of eminent domain" you pretty much ignored the issue and simply lapsed into standard rhetoric. "its government ... all government is the same" is basically your argument. In fact, we donāt have just one big unified government. We have multiple agencies and entities that not only donāt have a unified goal, they actually work very much in opposition to one another.
I value peopleās individual rights over any supposed right of others to just make money. That is the real issue. As long as you hold the ability to earn money as above any other right, then we have no society, we have merely a corporation that pretends to be a nation. That is what I see and you have not effectively argued against that.
The situation in the Allegheny is about subverting the very reasons the forest was established to benefit the financial gain of a few. The immigration issue is similarly about benefitting a few at the expense of society.
Honestly, I'm still not convinced you understand the term "rent-seeking." There are definitely opposing forces at work in government. My argument on that subject is dependent upon what it is we're talking about (for example, I believe that politicians on both sides don't want to tax the rich). That is not what rent-seeking is. You're confusing your concepts.
The confusion is when you try to assert that New Jersey taking someon'e property for someone else's private gain is justification for saying that a private company taking land owned by the American people as a whole is OK and reasonable. Also, your claim that it would just be returned and so was OK ignored the fact that a return to prior conditions is just not possible, for the surface and absolutely not for the water table.
You also ignore the benefit provided by natural forests and joined with several others in basically agreeing htat logging and fracking were similar and both proof of lack of protection, when the truth is that logging, properly managed (a big caveat, that) is sustainable and preotective of water resources.
thegreekdog wrote:Let's start out with this - I'm against rent-seeking. Now let's apply that "rent-seeking" idea to the fracking problem.
- The government has historically had the ability to take private property for the benefit of the general public.
A complete misunderstanding on your part, in regards to the Allegheny. First, the land was purchased, not taken. In many cases, the land was left abandoned, companies that had owned it run out of business, etc. The land was mostly considered useless, no one considered that trees could be regrown and the land was pretty poor for farmland. (note... NOT talking about the Kinzua reservoir region which lies within part of the forest. That was native land that was flat out taken with very little compensation given).
People DID know enough to realize that all that heavy logging was disasterous to streams and water resources, thus the week's act. That act was specifically to allow the government to buy --not take, but buy land to protect water resources for the public -- a public, I might add that very much does include you, living in Philadelphia.
SOOO,..... from the start, you begin with false assumptions. You plain ignore the difference between the government buying land to protect water resources, a true public need and public resource, as opposed to some guy wanting to build whatever -- shopping malls or whatever to provide a temporary short term tax gain for a few. AND, you refuse to differentiate between the government buying land that was considered worthless, essentially abandoned at the thime of purchase and condemning property being used for private gain.
thegreekdog wrote:- in the early 20th century, the government agreed with private individuals that the land the private individuals owned would be given to the government, but the private individuals would retain the rights to the minerals. This was not rent-seeking per se, although the government certainly could have asserted that they were entitled to all the land and mineral rights.
This again, is bull. In the case of the Allegheny, the mineral rights were never purchased. There are complex reasons for this, but the primary reason is that the goal of the weeks act was to protect the forest and water table. Not as much was known then about groundwater and its significance, how far it traveled, etc. then as now. Simple measures were enough to protect streams and such from both logging and traditional natural gas drilling operations.
thegreekdog- In 1981/1982 a case was decided whereby the procedures were in place for the government to permit the private individuals to access their mineral rights. Again, this seems above board.[/quote]
You skipped a few details, primarily that up until 1978 the US Forest Service was ONLY about forests. The whole idea of multiple use came out of the realization that forests were more than just trees and that protecting the system was important for people's welfare. Forests are there to be used by all people with reasonable limits, not just to be logged. Forests were required to hire all sorts of "ologists" --- wildlife, fisheries, soil, geology, archeology experts who would all look at land and have a say in operations based on their particular field. Logging was still "king" -- providing not just jobs but also local money (timber sale proceeds are given in lieu of property taxes). My job was mostly to protect streams and while I cannot say I was always happy with decisions made (working and vising many areas across the country), found the compormises were overall decent and moving forward. I can quote Marie D'Angelo "when we knew better, we did better". Each of these fields was emerging and blooming, the knowledge gained increasing and that altered decisions made.
In the case of the Allegheny and Natural gas, none of that really conflicted. A few more measures were instituted in some cases to adapt to greater knowledge. Streamside buffers, areas where standing timber would be left along streams were one commmon persscription. Time limits on entry into certain areas were specified, because the area is filled with a lot of boggy wet areas. The damage done by a tractor/skidder, etc in March or April is huge. Waiting until the ground is dried and/or frozen (there were often 2 limit periods.. one in the fall and one in the spring, though the fall time maybe had as much to do with hunting and fire danger as with rain). Acreage was liimited. The Allegheny hardwoods are a high profit timber, unlike the douglas fir out west. Also, these are secondary story species largely, not primary species, so they don't require open area to grow. These factors mean that you don't see the huge clearcuts like they have out west. Here a unit might be 50 acres. Out west, I saw units that combined to equal thousands of acres of cut timber with almost no streamside buffers (that mostly on private land, but hundreds of acres were not uncommon on public land -- though in recent decades you would see stream buffers and other protections, such as avoiding cave mouths or certain critical wildlife habitats).
Other measures instituted in the Allegheny had to do with various endangered species and protection of the various reservoirs. The areas immediately around Kinzua Dam, for example, were designated fully for recreation. Very little logging was allowed and it had to be done in a way that limited any kind of sediment flow into the reservoir.
Anyway, I am gliding over a lot of different concepts, just hitting hte highlights to make the point. HOWEVER, the issue is that all of the above are now being ignored by Marcellus shale, and that is the issue. Your claim that "everything would be returned" is just plain false, as is your claim that I am somehow only concerned with this and not the New Jersey case because this one is near me. I don't in any way agree with that other case. I have railed against such many times, but at the same time, it has nothing to do with this particular issue. And, as bad as the damage in those cases was, the impact of htis is far, far greater and will impact not just a few people, but most of Pennsylvania and various other areas, even into Mississippi and the Gulf of Mexico in one direction, over your way and into the Atlantic in another direction.
[quote="thegreekdog wrote:- In the 2000s, as the Marcellus Shale was "discovered," the private companies began to petition the government to gather their mineral rights from the land.
And this last bullet is the problem. What should the government do here? What the government should do is conform to the 1981/1982 case law
Not really. For thing, you have a big question of precedence. That 1981 case was specific and built up on a series of other cases. I don't have space here to get into all of that, but you did not even really read through the judge's assertions or the other articles I posted.
thegreekdog wrote:-hat does the government do? The government, against my wishes and yours, decides to let the private companies extract their minerals without applying the agreed-to standards. Why? Because of rent-seeking. The private companies are able to get the result they want by lobbying, donating to Congress, and getting their people into adminsitrative positions at a government level.
No, and this is where you really show a lack of understanding in how the government really works, I am afraid, at least in this arena. For one thing, the Forest is mandated to manage for multiple uses. For another, the initial legislation that allowed for the purchase of the Allegheny Forest was directed to protect water resources. In the case of he Allegheny, it was partly an experiement that allowed Gifford Pinchot to demonstrate that forests could be regrown and become productive.
In this case, your primary misunderstanding, though, is the belief that the company IS complying with agreed upon standards. Frackers are not and that is the issue.
The problem is that the fracking industry has come in with utterly new technology, to a large extent slipped in with slick advertisements claiming that this is an old industry, proven safe, etc, etc. ... but they not only are not the same as the old technology, they now are ignoring even the most basic measures that traditional operations must follow. They claim they don't need to listen to anyone else... not local municipalities, not federal law, no one.
The only part of the picture that you have correct is that this is being done to fill the pockets of a few people, in PA the Corbett administrations is very complicit in this.
thegreekdog wrote:-m against this sort of rent-seeking. I'm not against votes deciding a matter, but I am against soft money, lobbying, hard money, and administrative appointments deciding an issue. You, however, are not, unless it's something you don't agree with.
That is utter bull. I am not sure what your reasons are, but lately you have tried to claim many times that I have argued basically the opposite of anything I actually have said.
thegreekdog wrote:-In this instance, you don't agree with the ability for the frackers to gain access to their minerals. In other instances, for example, the AFL-CIO/chamber of commerce example from this thread, you are entirely in favor of rent-seeking.
No, I am not. The problem with rhetoric and catch phrases is that while they may sound nice, they are as true as a stereotype is true of humans. Sure, you can find examples of people who match any stereotype, but to claim that is "the truth" or that those few who match the stereotype somehow justify the label for all is ridiculous.
In regards to the AFL/CIO, I have merely stated why they have changed their position. As far as it goes, it makes sense... They realized that pitting average workers against immigrants was helping no one, was hurting everyone, but the real problem is that "as far as it goes" doesn't address the real problems. The real problem is that the focus is still on employees and not on the employers. I don't necessarily agree with this particular piece of legislation. I don't know enough yet about it. I have concerns about what I do know so far.
thegreekdog wrote:-As I indicated earlier, I'm in favor of the AFL-CIO/chamber of commerce agreement. In fact, I think anyone should be allowed in the U.S. at any time and think that this agreement doesn't go far enough. However, I'm not in favor of the way this law would be created. And that's the difference between my political views and yours. That doesn't make me right, but it certainly makes me less of a hypocrit than you are.
Bull and double bull.
I am not in favor of how this happened, but you have declared such things to be fine in the past, particularly when it comes to your favorite.. taxes. Your entire argument against the Allegheny was to say "hey, so what, the government takes, so who cares if a company takes back". MY argument is that harm should not be allowed. You want to categorize everything as "taking" and "rent seeking", apparently the popular term of the day. Its really just another phrase saying "special interest" and "greed". Except... caring for clean water for about a third of the country into perpetuity is a tad different than some local tax benefits. That you want to claim they are the same is, well, not exactly reasonable.
Even in the AFL-CIO deal, I want to know more details. I know that the union has gone from being pretty much opposed to immigration to seeing that rules targeting illegal workers wound up actually harming citizens AND not stemming the illegal tide at all. Employers able to basically blackmail workers into taking whatever conditions they want doesn't help anyone. Now, we are actually seeing another kind of blackmail... the threat of immigrant workerrs taking jobs from citizens. That is a classic threat, with the ultimate goal of making workers fight each other instead of fighting for overall better conditions. IF the AFL-CIO agreement was part of that overall movement, it might be OK. I am not convinced it is, but again.. trying to claim my saying I want to see more details means I am "endorsing" or agreeing with this is well, a cute attorney tactic, but not truth.
thegreekdog wrote:-You have two options to protest the fracking stuff:
(1) Private companies shouldn't be able to influence the government in this manner.
(2) This is just a bad result.
If you had chosen (2), I would not have a problem with your position. But you chose (1) as your basis for arguing the eminent domain issue, which is gignatically hypocritical in the context of your views on, for example, this AFL-CIO/chamber of commerce deal.
No. You just made some snap judgements without bothering with details. And you continue to claim that is justifiable.
You are no more correct than someone arguing against "I met a white guy who was a jerk, so all whites are jerks" by saying " all whites are decent people". The truth is, of course, a mixture. The error is in assuming that the options you consider are the only valid and real onex.