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Nissin Cup Nudist
Sep 3, 2011

Sleep with one eye open

We're off to Gritty Gritty land




Sydin posted:

I don't know why this is so loving funny to me but it is.

The only thing that could make this better if it specified how many gallons of evaporated water there was

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Rust Martialis
May 8, 2007

At night, Bavovnyatko quietly comes to the occupiers’ bases, depots, airfields, oil refineries and other places full of flammable items and starts playing with fire there

Nissin Cup Nudist posted:

The only thing that could make this better if it specified how many gallons of evaporated water there was

"approximately 21,000 acre-feet evaporated"

Jealous Cow
Apr 4, 2002

by Fluffdaddy

Rust Martialis posted:

"approximately 21,000 acre-feet evaporated"



So that’s 6.843x10^12

Lake Erie is 1.27x10^14

Foxfire_
Nov 8, 2010

It's about 0.006% of a Lake Erie, they've got comma as a decimal separator. 39 football field x statues of liberty (the most American of units :911:)

Foxfire_ fucked around with this message at 01:46 on Dec 16, 2020

Jealous Cow
Apr 4, 2002

by Fluffdaddy
Ok that makes more sense.

VitalSigns
Sep 3, 2011

No the only thing that would be better is if Texas had to sue the 21,000 acre-feet of evaporated water (more or less)

FAUXTON
Jun 2, 2005

spero che tu stia bene

VitalSigns posted:

No the only thing that would be better is if Texas had to sue the 21,000 acre-feet of evaporated water (more or less)

Texas man deposes cloud

Platystemon
Feb 13, 2012

BREADS

VitalSigns posted:

No the only thing that would be better is if Texas had to sue the 21,000 acre-feet of evaporated water (more or less)

This would be no more than the second dumbest lawsuit filed by Texas this year.

Sydin
Oct 29, 2011

Another spring commute
Jokes aside the whole episode seems incredibly petty and short sighted by Texas. I'm going to wager that the next time there's an impending tropical storm and they have to ask other states to hold water for them, they're going to get told to gently caress off.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
They’ve been arguing over water rights for decades, that’s the whole reason there’s a compact and a river master. They still work together on it when they can. Asking for a review of what is essentially an agency determination isn’t going to change anything

Platystemon
Feb 13, 2012

BREADS
So was Texas’ water considered to be on the top of the reservoir, in the reverse of the milkshake joke, or was the calculation based solely on the additional surface area of the reservoir at the higher level, or was it like “half the water in this lake belongs to Texas; half the evaporation does as well”?

FAUXTON
Jun 2, 2005

spero che tu stia bene

Platystemon posted:

So was Texas’ water considered to be on the top of the reservoir, in the reverse of the milkshake joke, or was the calculation based solely on the additional surface area of the reservoir at the higher level, or was it like “half the water in this lake belongs to Texas; half the evaporation does as well”?

No the language of the agreement explicitly allows for losses due to storage and explains that those losses are not subtracted from the delivery or anything, basically "that water still would have evaporated if you'd stored it in texas so :ocelot: tough titties, pal"

Orange Devil
Oct 1, 2010

Wullie's reign cannae smother the flames o' equality!
They should've calculated the expected evaporation delta between storage in NM and storage in TX based on local climate and/or weather conditions and in the event that TX' evaporation would've been greater charged them extra imo. Just as a gently caress you.

Canned Sunshine
Nov 20, 2005

CAUTION: POST QUALITY UNDER CONSTRUCTION



I normally just lurk in this thread, but since hydrosystems is an area I worked in for several years, the New Mexico v. Texas case and follow-up discussion is of interest and wanted to chime in a little.

Reading through the decision language, and admittedly I haven't looked at any background documentation, if the decision is largely resting on evaporative losses for storage, then I actually think the decision may be not that good and short-sighted.

The reason is because it seems like the losses are being attributed to evaporation only, and not infiltration at the location of storage? While evaporation is definitely going to play a part and I think it's fair to include it in the calculation of delivered water, infiltration is also a significant factor in reservoir losses, especially where the reservoir isn't located on hard bedrock that would reduce infiltration, or otherwise is located on reservoirs that have maintained long-term storage and relatively consistent water surface elevations.

If neither of those are the case here (and I honestly don't know), then infiltration would increase significantly from the additional storage suddenly required in a transient event such as a storm, for an otherwise normally smaller reservoir. The result would be localized increases in the level of the adjacent aquifers, which ultimately would reduce the rate of aquifer discharge into the local water bodies.

Effectively, New Mexico's local/regional aquifer tables would see a reduction in outflows toward the river due to the infiltration, which means that it effectively count as an (unmeasured) transfer of water from Texas to New Mexico. This is why typically in States with compacts and agreements related to shared storage, etc., there is often a "dead pool" volume that is maintained, in part to make sure that infiltration is less of a concern in terms of water obligations.

This concept is also starting to make it's way to the Army Corps and others in terms of how they define Waters of the US, regulatory requirements, etc., because historically the river itself was considered the shared asset, but they're looking to expand that to aquifers, etc., for how to limit or regulate the uses of contributory watersheds further away, such as commercial farming that lowers aquifer levels significantly.

Anyway, just a few thoughts I wanted to throw out.

Foxfire_
Nov 8, 2010

It's not sitting on anything particular to evaporation.

Texas argued that their request to New Mexico to store the water in an email titled 'Texas request for storage' is not storage of water for purposes of the river compact, or alternately a procedural thing where the time they took to negotiate actually just ran out the clock on New Mexico getting credit for it.

Court rejected those arguments, says this bit

River Master Manual posted:

If a quantity of the Texas allocation is stored in facilities constructed in New Mexico at the request of Texas, then to the extent not inconsistent with the conditions imposed pursuant to Article IV(e) of the Compact, this quantity will be reduced by the amount of reservoir losses attributable to its storage, and, when released for delivery to Texas, the quantity released less channel losses is to be delivered by New Mexico at the New Mexico-Texas state line.
applies. Then they deferred to the River Master's judgment for what the credit for storage losses actually is.

(Alito's dissent is some moon logic thing where Texas isn't allowed to request storage of water and keeping the allocation in the reservoir was illegal)

Platystemon
Feb 13, 2012

BREADS
I want Alito’s house to be flooded because actually it was illegal to store that water anywhere upstream.

Platystemon
Feb 13, 2012

BREADS
I looked at the Peco’s River Master’s Manual and it doesn’t go into why the formulæ are what they are, just how to apply them.

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



https://twitter.com/scotusblog/status/1339949206598004746?s=21

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

SourKraut posted:

Reading through the decision language, and admittedly I haven't looked at any background documentation, if the decision is largely resting on evaporative losses for storage, then I actually think the decision may be not that good and short-sighted.

The cause of loss is not relevant; the only question is if Texas can wiggle out of the "if you ask New Mexico to store, storage losses are your problem" clause of the compact. Texas threw a couple of things against the wall, but none stuck.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Fine.

:siren: Opinion! :siren:

DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL., APPELLANTS v. NEW YORK, ET AL.
TLDR:
As expected after oral argument, the census case isn’t ready to be resolved because no one knows right now if we’re talking about 5 people or 5 million. And if it doesn’t impact a single congressional seat, who cares?

Majority Opinion (Per Curiam):
Every ten years, the Nation undertakes an “Enumeration” of its population “in such Manner” as Congress “shall by Law direct.” This census plays a critical role in apportioning Members of the House of Representatives among the States...

Congress has given both the Secretary of Commerce and the President functions to perform in the enumeration and apportionment process. The Secretary must “take a decennial census of population . . . in such form and content as he may determine,” 13 U. S. C. §141(a), and then must report to the President “[t]he tabulation of total population by States” under the census “as required for the apportionment,” §141(b). The President in turn must transmit to Congress a “statement showing the whole number of persons in each State, excluding Indians not taxed, as ascertained” under the census.
...
This past July, the President issued a memorandum to the Secretary respecting the apportionment following the 2020 census. The memorandum announced a policy of excluding “from the apportionment base aliens who are not in a lawful immigration status.”

A foundational principle of Article III is that “an actual controversy must exist not only at the time the complaint is filed, but through all stages of the litigation.”...As the case comes to us, however, we conclude that it does not—at this time—present a dispute “appropriately resolved through the judicial process.”
..
At present, this case is riddled with contingencies and speculation that impede judicial review. The President, to be sure, has made clear his desire to exclude aliens without lawful status from the apportionment base. But the President qualified his directive by providing that the Secretary should gather information “to the extent practicable” and that aliens should be excluded “to the extent feasible.” Any prediction how the Executive Branch might eventually implement this general statement of policy is “no more than conjecture” at this time.
...
To begin with, the policy may not prove feasible to implement in any manner whatsoever, let alone in a manner substantially likely to harm any of the plaintiffs here….Everyone agrees by now that the Government cannot feasibly implement the memorandum by excluding the estimated 10.5 million aliens without lawful status. Yet the only evidence speaking to the predicted change in apportionment unrealistically assumes that the President will exclude the entire undocumented population.

Consistent with our determination that standing has not been shown and that the case is not ripe, we express no view on the merits of the constitutional and related statutory claims presented. We hold only that they are not suitable for adjudication at this time. The judgment of the District Court is vacated, and the case is remanded with instructions to dismiss for lack of jurisdiction. It is so ordered

Lineup:
Unknown, but Breyer, Sotomayor, and Kagan dissent so presumptively 6-3.

Dissent (Breyer, joined by Sotomayor and Kagan):
The Constitution specifies that the number of Representatives afforded to each State is based on an apportionment of the total population, with each State receiving its proportional share. The Government has announced a policy to exclude aliens without lawful status from the apportionment base for the decennial census. The Government does not deny that, if carried out, the policy will harm the plaintiffs. Nor does it deny that it will implement that policy imminently (to the extent it is able to do so). Under a straightforward application of our precedents, the plaintiffs have standing to sue. The question is ripe for resolution. And, in my view, the plaintiffs should also prevail on the merits. The plain meaning of the governing statutes, decades of historical practice, and uniform interpretations from all three branches of Government demonstrate that aliens without lawful status cannot be excluded from the decennial census solely on account of that status. The Government’s effort to remove them from the apportionment base is unlawful, and I believe this Court should say so.

https://www.supremecourt.gov/opinions/20pdf/20-366_7647.pdf

Mikl
Nov 8, 2009

Vote shit sandwich or the shit sandwich gets it!
Per curiam lol, loving cowards

Proust Malone
Apr 4, 2008

Mikl posted:

Per curiam lol, loving cowards

Watch this just become the new way the conservative majority does things.

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



That ruling didn't even get that much attention yesterday. Were they afraid of pissing Trump off?

FronzelNeekburm
Jun 1, 2001

STOP, MORTTIME

ulmont posted:

TLDR:
As expected after oral argument, the census case isn’t ready to be resolved because no one knows right now if we’re talking about 5 people or 5 million. And if it doesn’t impact a single congressional seat, who cares?
Hasn't research suggested California would lose at least one seat over this?

Also, lol at

ulmont posted:

Everyone agrees by now that the Government cannot feasibly implement the memorandum by excluding the estimated 10.5 million aliens without lawful status. Yet the only evidence speaking to the predicted change in apportionment unrealistically assumes that the President will exclude the entire undocumented population.
Sure, Trump's just going to give up on it now that he has a green light to try it out. They definitely didn't ruin an entire previous SCOTUS case by hiding a mountain of evidence about this precise thing being their whole plan to shift redistricting.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

FronzelNeekburm posted:

Hasn't research suggested California would lose at least one seat over this?

It completely depends on how many people the administration can identify. The administration can likely identify everyone in ICE custody. The administration may be able to identify everyone in the DACA program. After that, it's anybody's ballgame. Yes, if they find 10 million, California probably loses a seat. If they only find 50 thousand, meh.

FronzelNeekburm posted:

Sure, Trump's just going to give up on it now that he has a green light to try it out. They definitely didn't ruin an entire previous SCOTUS case by hiding a mountain of evidence about this precise thing being their whole plan to shift redistricting.

As noted in the argument and the opinion, there are serious questions as to who the administration can identify as a non-citizen.

...this administration has not been the most competent at administrative tasks...

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.

ulmont posted:

It completely depends on how many people the administration can identify. The administration can likely identify everyone in ICE custody. The administration may be able to identify everyone in the DACA program. After that, it's anybody's ballgame. Yes, if they find 10 million, California probably loses a seat. If they only find 50 thousand, meh.

The can and probably will fudge numbers too.

Slaan
Mar 16, 2009



ASHERAH DEMANDS I FEAST, I VOTE FOR A FEAST OF FLESH
ICE is notorious for arresting and deporting U.S citizens, though. Their data is suspect when it comes to citizenship

Groovelord Neato
Dec 6, 2014


Slaan posted:

ICE is notorious for arresting and deporting U.S citizens, though. Their data is suspect when it comes to citizenship

My mom is an immigration lawyer and one of her clients is a US citizen (normally she's helping people getting citizenship or other legal status). ICE was too lazy to check his DOB so he got put into removal proceeding due to a previous crime he'd committed.

Goatse James Bond
Mar 28, 2010

If you see me posting please remind me that I have Charlie Work in the reports forum to do instead
"lol come back when you have facts and numbers" is, functionally, punting it to the Biden admin, which is acceptable

even aside from the part where the Census Bureau is dragging their feet tragically overworked on delivering full apportionment counts

That's how the underlying administrative state that keeps the entire country functioning Deep State actually does things when it's irritated most of the time. It's not Department of Agriculture black ops teams poisoning the President's Diet Coke with polonium, it's very boring people with very boring job titles doing very boring things going "whoopsiedoodle, sorry sir, we're experiencing unexpected problems and challenges with your instructions".

Goatse James Bond fucked around with this message at 06:26 on Dec 21, 2020

Canned Sunshine
Nov 20, 2005

CAUTION: POST QUALITY UNDER CONSTRUCTION



ulmont posted:

The cause of loss is not relevant; the only question is if Texas can wiggle out of the "if you ask New Mexico to store, storage losses are your problem" clause of the compact. Texas threw a couple of things against the wall, but none stuck.

I agree that nothing stuck with the court, but again, the definition of "reservoir losses" itself is only really applicable to evaporative loss, unless you define the reservoir itself as a closed system and not as a greater, interconnected system as the USACE, the EPA, and others typically define it now as.

I looked more deeply into the compact language, and "losses" are pretty ambiguous and I don't think the court was about to begin to try and expand upon the concept at all, but if I were Texas, I'd start having water policy staff pushing to negotiate a greater definition for storage losses, etc.

Ardlen
Sep 30, 2005
WoT



If Texas pushes too hard, New Mexico can just not store water, leaving Texas to deal with the excess.

SixFigureSandwich
Oct 30, 2004
Exciting Lemon
So about those emoluments cases against Trump that SCOTUS threw out:

https://apnews.com/article/supreme-court-ends-trump-lawsuits-df42ef0eec5fa57edf3e294234051d88

quote:

The high court also ordered the lower court rulings thrown out as well and directed appeals courts in New York and Richmond, Virginia, to dismiss the suits as moot now that Trump is no longer in office.

Does anyone know if there was any more to this, or just literally 'no longer President, can't sue'? And was this an obvious outcome, or 5-4 shenanigans?

Pick
Jul 19, 2009
Nap Ghost
Joe Biden's long game to become the worlds richest man. Precedent you can loot this sucker for all it's worth :911:. Enjoy your giant Balkan palace, mr president.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

u brexit ukip it posted:

Does anyone know if there was any more to this, or just literally 'no longer President, can't sue'? And was this an obvious outcome, or 5-4 shenanigans?

There was no explanation and basically a one-sentence dismissal:

quote:

20-330 TRUMP, PRESIDENT OF U.S. V. CREW, ET AL.
The motion of Scholar Seth Barrett Tillman, et al. for leave to file a brief as amici curiae is granted. The motion of Professor Lawrence A. Hamermesh for leave to file a brief as
amicus curiae is granted. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Second Circuit with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).

god this blows
Mar 13, 2003

I like how they put it as moot when they could still find that he violated it and returned the money. What a shameful way for this to have ended.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound
Apparently "moot" means "it's easier to pretend this is all over than to deal with something that might be embarrassing or difficult."

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



I think it's because the relief sought in the underlying litigation was to force the president to divest and cease violating the clause. Since he's not in office anymore, that relief is moot.

PIZZA.BAT
Nov 12, 2016


:cheers:


So how can you not read that outcome as, 'violate away to your hearts content, stymie any investigations by claiming executive privilege, and then get off scot-free once your term has ended'?

How does this not only set a terrible precedent but also be pretty clearly against what the founding fathers intended here? What's even the point of having the clause if the President can just 'lol nah' his way out of it?

Mr. Nice! posted:

I think it's because the relief sought in the underlying litigation was to force the president to divest and cease violating the clause. Since he's not in office anymore, that relief is moot.

Gotcha. This makes sense. Still a terrible precedent but it at least makes legal sense

Platystemon
Feb 13, 2012

BREADS
Has there never been a lesser official who lost their office while litigation continued?

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Kaal
May 22, 2002

through thousands of posts in D&D over a decade, I now believe I know what I'm talking about. if I post forcefully and confidently, I can convince others that is true. no one sees through my facade.

Platystemon posted:

Has there never been a lesser official who lost their office while litigation continued?

The Supreme Court already threw out the idea of legal precedent.

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