A Defensive Victory Against Administrative Tyranny

In 2005, Mike and Chantell Sackett purchased a small lot in Iowa (.63 acres) for $23,000. When they began to lay gravel on the land, which is located in a residential neighborhood, they were hit by an EPA compliance order informing them that the property had been designated a wetland under the Clean Water Act. They were ordered to stop grading their property and were told that they would face fines of up to $75,000 per day if they did not return the parcel to its original state. When the Sacketts attempted to contest the order, the agency denied their request for a hearing.

The case went to the Supreme Court, and in March, Justice Antonin Scalia, writing for the court, said that the Sacketts are entitled to appeal the EPA order, rejecting the agency’s claims to the contrary. “The [law’s] presumption of judicial review is a repudiation of the principle that efficiency of regulation conquers all,” Scalia said in the decision. “And there is no reason to think that the Clean Water Act was uniquely designed to enable the strong-arming of regulated parties into ‘voluntary compliance’ without the opportunity for judicial review — even judicial review of the question whether the regulated party is within the EPA’s jurisdiction.”

Scalia also noted that the Sacketts’ property bore little resemblance to any popular conception of a wetland, protected or not.

“The EPA used bullying and threats of terrifying fines, and has made our life hell for the past five years,” said Mr. Sackett. “As this nightmare went on, we rubbed our eyes and started to wonder if we were living in some totalitarian country. Now the Supreme Court has come to our rescue and reminded the EPA — and everyone – that this is still America.”

Read this post…the personal cost of big-government thuggery…for more on the Sacketts’ ordeal.

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Just Unbelievable

Really? I mean, really???

The White House said President Barack Obama misspoke on Tuesday when he referred to a “Polish death camp” while honoring a Polish war hero.
 
The president’s remark had drawn immediate complaints from Poles who said Obama should have called it a “German death camp in Nazi-occupied Poland,” to distinguish the perpetrators from the location. Polish Foreign Minister Radek Sikorski called it a matter of “ignorance and incompetence.”
 
Obama made the comment while awarding the Medal of Freedom to Jan Karski, a resistance fighter against the Nazi occupation of Poland during World War II. Karski died in 2000.
 
During an East Room ceremony honoring 13 Medal of Freedom recipients, Obama said that Karski “served as a courier for the Polish resistance during the darkest days of World War II. Before one trip across enemy lines, resistance fighters told him that Jews were being murdered on a massive scale and smuggled him into the Warsaw Ghetto and a Polish death camp to see for himself. Jan took that information to President Franklin Roosevelt, giving one of the first accounts of the Holocaust and imploring to the world to take action.”
 
Sikorski tweeted that the White House would apologize for “this outrageous error” and that Polish Prime Minister Donald Tusk would address the matter on Wednesday.
 
“It’s a pity that such a dignified ceremony was overshadowed by ignorance and incompetence.”

Either the President has what are easily the worst handlers in presidential history, or he just doesn’t care. Maybe both.

*apologies on the formatting on the copy and paste quote – Jonathan told me how to fix it once but I forgot – perhaps a refresher is in order.

Cable and Roku

Disruptions often occur because businesses confuse their original mission with their current configuration. A great example is newspapers – while newspapers held the banner of “journalistic integrity”, they made their fortunes on the fact that for decades they held a de-facto monopoly on advertisers in their home markets. If you wanted to reach the whole town, you had to put it in the local paper, and this was the engine for their growth and profits. As there started to be many more ways to reach the city (from local TV ads to the internet, etc…) and the monopoly eroded, the “tide went out” on their journalism model because no one was really paying for that, it was just a free ride atop the advertising. This was brought home to me when someone I know left working for a local newspaper in a midwestern city and started working for a non-profit; she noticed instantly how much more polite they were even when rejecting her requests for business; they truly hated the monopoly newspaper and their bile was due to that relationship. And of course the evidence for newspapers’ abject decline is visible in the bankruptcy and stock prices of the remaining entities.

Cellular phone companies, too, are falling into this trap. Companies like Verizon provide a wireless network, and specialized companies like Motorola provided the phones. Between the network providers and the hardware providers, they thought that they owned the experience and would be able to capture large profits in the future. Today, other than when the situation is dire (AT&T), consumers are caring less and less about the particular phone network they use and the hardware, too, is going behind the scenes, as they care about the particular applications on their mobile devices. Apple and its brilliant iPhone took the profits from the network providers, who now are scrambling to hold customers and long-term contracts. And the iPhone itself over time will come under immense pressure on their long term profits as new entrants with similar functionality and access to applications can come in and bring commodity tools to the market efficiently. Originally the phone companies (AT&T, Sprint) and the hardware manufacturers (Motorola, Nokia, Blackberry) thought that they could control the network, user interface, and the content. While Apple is thriving against the new competition (for now) this entire “ecosystem” has not played out in the way it seemed a decade ago, and many of those that expected to capture above-average profits are now either commodity players (hardware) or struggling to keep up with capacity while not being able to leverage this spend into a long term guaranteed return (the cellular network providers). The value is going to those that can “monetize” the mobile advertising experience, which probably will be a group of software(Google) and social networking companies (Facebook).

Now we move onto cable. Cable existed as a foil to over-the-air television, an oligopoly like newspapers that bled its mission white until powerful intruders came and up-ended their business model. Cable started to buy content, and they built a parallel distribution network at huge cost to compete with what was available, for free, over the air. Cable today also is the primary mechanism for broadband internet service, which it links with its paid content (and a bit of phone), to charge large and growing fees.

This article at Bloomberg is titled “The Cable Industry Isn’t Stupid, Right?

The NPD Group put out a survey on Tuesday that suggested monthly pay-TV rates could reach $200 by 2020, up from the current average rate of $86. The analysts at NPD credit rising content-licensing fees and the average 6 percent rate increase that cable companies jam down users’ throats each year.

This is where the dis-aggregation of cable into 1) network provider (one amongst many) and 2) content provider becomes important.

I recently bought my parents a ROKU 2S box. The box is amazingly small, about the size of a mobile phone and a bit thicker. We plugged it in to an HDMI port on their TV and I connected it up to their wireless network (they have cable) and the software updated and the Roku box was working. In the picture below you can barely make out the small box to the right of the front channel speaker.

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Random Letter From Treasure Trove

As I mentioned in this post, I have inherited hundreds of letters that were written from my wife’s grandfather to her grandmother while they were courting. Most of the letters were written during the time while my wife’s grandfather was drafted into service during WW2. Many are from basic training and many are from his time served in India. I have not yet begun the formal process of scanning, dating and sorting the letters. This letter was floating around on top with no envelope – there is no date listed on it besides “1945”. All spelling, punctuation and grammatical errors have been left intact.

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