OPINION/COMMENTARY

PLF Hopeful That Supreme Court Clean Water Act Ruling Will Lead to Local Control

Pacific Legal Foundation today expressed hope over the U.S. Supreme Court decision in South Florida Water Management District v. Miccosukkee Tribe of Indians.

“While we’re disappointed that the Court sent this case back to the lower court for further consideration, we are relieved that the Court is not anxious to put the control of local water use under the thumb of the federal government,” said PLF Principal Attorney Rob Rivett. “Water management issues have for hundreds of years been the responsibility of state and local governments and should remain so.”

“This ruling is especially important for western states, which are short on water,” added Rivett. “Federal permits to distribute local water would place a serious layer of bureaucratic red tape in front of local water districts that could cost hundreds of thousands of dollars in delays and mitigation costs. We think the Court wants to avert such a disaster.”....

Government Condemns Property for Private Development

A study by the Institute for Justice reports that government takings of private land has increased over the last five years and shows no sign of slowing down. This process, typically referred to as "eminent domain," is constitutionally constrained to projects for "public use" and then only with just compensation. While public use is commonly understood to mean things like highways and police stations, the courts have interpreted the term much more broadly.

The result, researchers say, has been a boon for private developers. With government empowered to condemn property for the development of casinos, condominiums and shopping malls, private companies have been quick to cozy up to local bureaucrats in order to secure land cheaply without the hassles of negotiating with individual owners. Similarly, government uses expanded eminent domain powers to trumpet exciting projects to the electorate, promising new jobs and more government revenue.

The study found that between 1998 and 2002 governments across the United States have condemned 10,000 homes, businesses, churches, and private land for private business development....

PETA's New Low

"This is a sickening trivialization of the suffering of Holocaust victims," said an elderly Holocaust survivor. "It is disgusting that people would stoop so low as to use the Holocaust as an advertising gimmick." Such is the reaction to People for the Ethical Treatment of Animals taking their "Holocaust on Your Plate" campaign -- which equates Jewish Holocaust victims with barnyard animals in an attempt to shame people toward vegetarianism -- to Germany, of all places.

The ad campaign has sparked disgust and anger from many in Germany. That nation's Central Council of Jews announced plans this week to sue PETA in order to have the offensive display removed....

OPEC Is No Friend of Ours

Is the OPEC cartel a good thing for consumers? Its raison d'etre, after all, is to radically restrain production in order to jack up oil prices. Given the political and economic angst sparked by the recent spike in gasoline prices, you'd think that the answer would be rather obvious. You would, however, be wrong. Rather than come up with a plan to bust up the cartel, most Washington politicos and policy mavens are content to leave the cartel alone and, in fact, defend OPEC against those who want to tear it down.

OPEC apologists contend that the cartel assists in stabilizing oil prices. The record, however, suggests otherwise.

In the period between World War II and the formation of OPEC, the inflation-adjusted price of oil fluctuated little. Oil prices indeed jumped during the Middle East crises of 1956 and 1967, but they fell back quickly. In fact, the inflation-adjusted price of oil -- indexed by GDP -- fell by about two-thirds from 1945 to 1970.

From 1970-1980, however, the real price of oil rose by about 1,300 percent. Between 1980 and 1986, it dropped by about two-thirds. It was fairly steady between 1986-1997, fell farther in 1997-1998, and then nearly quadrupled after February 1999. This is stability?....