Category Archives: Commentary

What can Virginia learn from Nashville (Part 2)?

Update. In the first installment of this two installment post I described the metropolitan juggernaut that is modern day Nashville. I also provided some historical perspective on how Nashville became the sixth fastest growing US city (measured along several axes) between 2011 and 2016. As a side note, the 35 fastest growing cities documented in the prior link included no cities in Virginia. I have family in Nashville. For three of the last four years I have visited my family, run in a wildly popular race and witnessed the remarkable growth of Music City. My 2019 trip is complete and this article is the promised update.

First, a step back. Admiring the rapid growth of Nashville requires a fundamental belief. One has to believe that rapid growth in urban areas is a good thing. This is not a universally held belief, in Virginia or in Tennessee. Thomas Jefferson, for example, was quoted as saying, “When we get piled upon one another in large cities, as in Europe, we shall become as corrupt as Europe.” While I understand the bucolic allure of country living I believe that the economic future of the United States and Virginia will largely be in the cities. I think Virginia should be striving to create an environment conducive to fast growing, safe, livable cities. To that end much can be learned from Nashville as well as Charlotte, Austin, Raleigh, etc. Continue reading

Cuccinelli to North Carolina on Electricity Regulation – Avoid Virginia’s Mistakes

The Cooch is back. Former Virginia Attorney General Ken Cuccinelli penned an op-ed for the Wilmington, North Carolina based Star News opposing Duke Energy’s proposed changes to electrical regulation.  The title of the opinion piece is, “N.C. should block this Duke Energy power grab”.  Cuccinelli’s biggest issue with the pending regulation is extending the period of time between utility rate cases.  The editorial board of the Star News agrees. Cuccinelli writes:

“Key provisions to extend the period of time between utility company rate cases are embedded within N.C. Senate Bill 559, being debated at the N.C. General Assembly. Similar provisions hurt Virginia customers, and will hurt North Carolina customers, too.”

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Dominion Energy Joins Consortium Demanding Climate Change Legislation

Image credit: Power for the People VA

I am not making this up.  Yesterday, Dominion Energy joined a newly launched coalition of more than a dozen major corporations and environmental groups – CEO Climate Dialog.  This organization will urge Congress to pass climate change legislation.  Example members of the group include BP – an oil and gas company, Citibank, Dow Chemical, DuPont, Exelon – a power company and The Nature Conservancy, an environmental organization. Continue reading

Corruption Allegations Mar Fairfax County Board Race

Supervisor Jeff McKay, photo credit – WAMU

I’m shocked, shocked to find that there’s gambling going on here. Long time residents of Fairfax County will hardly be shocked to hear the news of a Fairfax County Supervisor being accused of unsavory business dealings with a land developer. Jeff McKay has been Lee District supervisor since 2007. He is currently vying for the top spot in Fairfax County – chair of the board. McKay, who faces opposition from three Democrats and one Republican for the office, has been accused of trading a political favor for a personal real-estate deal. As befitting the county which is home to the CIA, those allegations were surfaced through a lengthy anonymous legal memo circulated to the county attorney and the other members of the Fairfax County Board of Supervisors. American University radio station WAMU broke the story yesterday.

To be very clear, these are allegations which may be true, partly true or (as McKay represents) a wholly untrue political attack. Supervisor McKay deserves to be considered innocent until proven otherwise.

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Anthropogenic Global Warming Is Real. Now What?

Four hundred and fifteen. US News & World Report is reporting that the amount of CO2 in the Earth’s atmosphere reached more than 415 parts per million. The article quotes research from the Scripps Institute of Oceanography from May 11.  Historical levels of CO2 in the atmosphere were measured through core ice samples prior to 1958 and directly from the Mauna Loa Observatory from 1958 onward. Take a close look at the graph accompanying this article. At first it’s hard to see the vertical line streaking skyward at the right edge. That’s CO2 emissions. From historical peaks oscillating between 250 ppm and 300 ppm over the last 800,000 years to over 415 ppm today. If that isn’t sufficiently startling, the annual peaks over the past few years: 2015 – 405, 2016 – 409, 2017 – 413, 2018 – 413, 2019 – 415 (so far).

Nobody wants anthropogenic global warming to be true but it is true. Continue reading

Barbara Favola Makes Disingenuous Statements about Dominion Funding

A clarification has been added to the end of this article.

Setup. Barbara Favola is the Democratic State Senator from Virginia’s 31st district.  That district is centered in Arlington but includes areas of Fairfax and Loudoun Counties as well.  Favola is a politician-for-life having served on the Arlington County Board from 1997 through 2012 and in the Virginia State Senate since then.  She is seeking to extend her 22 consecutive years in politics to 26 in the upcoming General Assembly election.  However, Sen Favola’s well laid plans hit a snag.  She will face a challenger named Nicole Merlene in the June 11 Democratic primary.  Ms. Merlene has astutely called Sen Favola’s ethics and independence into question based on Favola’s non-legislative position as the head of a lobbying organization representing clients in Richmond.  An article in ggwash summarized a debate between Favola and Merlene:

“In her opening statement, Merlene referred to a December 2016 proposal to build a 325-foot tall tower on Virginia Department of Transportation land in Rosslyn. Favola, the sitting state senator for the district, was an advisor for the project.

Merlene said this type of behavior was pervasive, citing her opponent’s relationship with Marymount University and Virginia Hospital Center, which are both clients of a lobbying organization that Favola leads when she is not working in Richmond.“This is an issue where our representative was using public office for private benefit,” she said.”

Favola responded by employing what has become known as “the Saslaw – Norment defense” which holds that no amount of money from any source could ever be corrupting based on the genetic honesty of long time Virginia politicians. Continue reading

Judge Rules Virginia’s Confederate Statues Protected by State Law

Statue of Gen. George Henry Thomas, Virginian and Union General, in Thomas Circle – Washington, DC.

Court case. Circuit Court Judge Richard E. Moore has ruled that the City of Charlottesville cannot remove statues of Robert E. Lee and Thomas “Stonewall” Jackson. The judge determined that these are war memorials protected under Virginia state law. Articles describing the decision can be found here, here and here. As the Roanoke Times writes …

“The Monument Fund filed suit in March 2017, claiming the Charlottesville City Council in 2016 violated a state code section that bans the removal of war memorials when it voted to remove the statue of Lee. The suit was later amended to also include the Jackson statue.

The defense recently has focused on the question of whether the statues constitute monuments. Recent motions by the defense have sought to have a jury make the determination.”

Dillon’s Rule. Virginia has a strict implementation of Dillon’s Rule. This means that a high percentage of political power within the Commonwealth of Virginia rests with the state government rather than the localities. This political philosophy has been used by the state to micromanage localities for decades. One example is a section of Virginia law titled, “Memorials for War Veterans”. The law allows localities to construct memorials for war veterans but not to remove those same memorials. This section of Virginia code was the basis for the suit over the two statues in Charlottesville. Continue reading

What can Virginia learn from Nashville (Part 1)?

Photo credit: Rachael Ray Every Day – Awesome Things to Do in Nashville

Juggernaut. The Guardian published a story today on the amazing rise of Nashville as a business center, an entertainment center, a tourist destination and a city. Music City is certainly going through a multi-decade growth spurt rising from a population of 170,874 in 1960 to an estimated population of 691,243 in 2017. Interestingly, Richmond had 28% more people than Nashville in 1960 but is only one third the size of Nashville today. In a similar vein, Nashville was 88% more populous than Alexandria in 1960 but is 4.3X bigger than Alexandria today. However, as we’ll see, this is not quite “apples to apples.” The relative growth of Nashville was far more the result of ambitious, aggressive and sometimes hard decisions by the state of Tennessee and the City of Nashville than any failings on the part of Richmond or Alexandria. Yet this amazing growth spurt comes at the cost of considerable growing pains. The question for Virginia is whether the Nashville model (or the Austin, Charlotte, Louisville or Atlanta models for that matter) hold any lessons for the Old Dominion. This topic will be presented in two parts – this post (background and history) and a future post (more recent history, current successes and challenges). I will publish the second post when I return from a long weekend in Nashville at the end of April. Continue reading

Northam Waters Down Virginia’s Livestock Fencing Plan

Northam Administration vs The Chesapeake Bay. Two disturbing facts were brought to light last week. First, a survey of two agriculture-intense Virginia counties found that the effort to reduce agricultural pollution by fencing off farm streams from cattle is far behind schedule. Second, our supposedly progressive governor put forth a very watered down Watershed Improvement Plan that effectively eliminates the livestock fencing goals in the Commonwealth.

Cows do more than fart and burp. U.S. Rep. Alexandria Ocasio-Cortez, D-New York, raised more than a few eyebrows when her New Green Deal included measures to curb the greenhouse gas effects of farting and burping cows. Ms. Ocasio-Cortez whimsically referenced the emissions of methane and nitrous oxide as digestive byproducts from many farm animals, especially cattle. While these emissions are a legitimate issue, a bovine prescription for Gas-X and Rolaids would not solve the problem. The production of meat in general, and beef in particular, has a sizable negative impact on the environment. Every step in raising, slaughtering, packaging and shipping meat adds to greenhouse gas emissions. Across the globe animal agriculture is responsible for more greenhouse gas emissions (14-18%) than transportation (13.5%). However, the environmental impact of animal agriculture doesn’t end with greenhouse gas emissions. A 1400-pound Holstein steer produces 115 pounds of manure per day or about 21 tons per year. Some of this prodigious amount of manure finds its way from cows and steers to farm creeks and eventually into the Chesapeake Bay. The manure contains high levels of nitrogen and phosphorus which cause excess algae growth de-oxygenating the bay’s water. Many consider animal waste the biggest problem confronting the Chesapeake Bay. Continue reading

Courts Authorizing “Reverse Location” Warrants in Virginia

FBI “reverse location” warrant in Henrico County…. Photo credit: Forbes

Big brother Google is watching you. Back in October, 2018,  Forbes reported that a Virginia court had authorized the FBI to use a “reverse location” warrant to try to solve a series of crimes in Henrico County, Va. This warrant, also known as a geofence warrant, allows police to compel Google to provide all cellphone activity for all people in a general area over a specified period of time. The resulting handover of data includes locations and other information on potentially hundreds, if not thousands, of people. While Google has complied with the warrants in the past, it is unclear whether the company complied in the Henrico case. Continue reading

Virginia Trophy Rockfish Season under Threat of Cancellation

Between a rock(fish) and a hard place.  Striped bass, locally known as rockfish, migrate up the coast of the Atlantic each spring to spawn. The biggest rockfish come into the Chesapeake Bay to mate and then leave the Bay to resume their trip north. Other smaller rockfish remain in the Bay. The period of time when the big oceanic rockfish come into the Bay is known to fishermen as the Spring Trophy Season. Regulations are strict but anglers flock to the Bay in the hope of landing a big striped bass. The trophy season starts after the spawn and runs from May 1 to June 15 in Virginia. At least, that’s usually the plan. Unfortunately, a recently completed fish assessment has shown a precipitous drop in rockfish. Scientists blame this on overfishing and are considering asking the Virginia Marine Resources Commission to ban fishing during this year’s trophy season. This is a startling development given the seemingly good news about the Bay in general and rockfish in particular over recent years.

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Tim Kaine and Mark Warner both embarrass Virginia with relief legislation vote

Midwest apocalypse.  As of March 30 satellite data shows that flooding caused at least one million acres of Midwest farmland to be covered in water for at least seven days in March. One million acres is 1,562 square miles. Up to a million calves may have died in Nebraska alone. This is a disaster of unprecedented magnitude. On April 1 a relief bill was put forth in the US Senate that earmarked $13.45 billion of aid for the Midwest and Puerto Rico.  Democrats killed the bill claiming that the amount allocated for Puerto Rico was too little. Both of Virginia’s U.S. Senators voted against providing relief to the U.S. Midwest and Puerto Rico.

Disgraceful.  Both Tim Kaine and Mark Warner claim to be members of the party dedicated to the little guy, the Democrats. To hear them tell it, the Republicans stay busy tending to corporate interests while ignoring the plight of average Americans. However, it was Kaine and Warner who decided to play petty politics with an aid bill that is desperately needed by our fellow Americans in the Midwest. Virginians should be ashamed to have elected these two senators. Continue reading

Food Trucks Can Create Oases in Food Deserts

Food desert theory.  Food deserts in cities can be defined as urban areas where it is difficult to buy high quality fresh foods at an affordable price.  This lack of access to healthy food causes problems for people living within these food deserts.  Instead of eating healthily people living in food deserts buy the “junk food” that is available. This, in turn, causes a variety of predictable health problems such as heart disease, malnutrition and diabetes.

Food desert solutions. Over the years, many well meaning people have proposed a series of solutions designed to solve the food desert problem. One example, described on Bacon’s Rebellion, involves the sale of collard greens in the small grocery and convenience stores in the Church Hill neighborhood of Richmond. Another involves not only selling healthy foods in Richmond but growing those vegetables in Richmond too. There have even been efforts by local health care organizations to provide “the Class-A-Roll” … a truck with a teaching kitchen inside to provide healthy food cooking lessons. Given that Sen. Mark Warner, D-VA, was conducting a town hall yesterday in Richmond to address food insecurity, one can only assume that these well intended ideas didn’t work. Of course they didn’t work. They miss the real point. Continue reading

Virginia’s “Secret” Medical Marijuana Program

The doctor who should be governor. State Sen. Siobhan Dunnavant is a Republican from Henrico County. She is also a practicing physician. In this year’s General Assembly session she put forth SB1557 which expanded last year’s so-called “Let Doctor’s Decide” legislation (HB1251).

What’s new? The 2018 legislation (HB1251) authorized licensed medical providers to prescribe CBD and THC-A oil “to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use.” CBD, or cannabidiol, is a naturally occurring compound found in the resinous flower of marijuana plants. It is used to treat a variety of maladies. It is non-intoxicating. THCA, or tetrahydrocannabinolic acid, is the non-psychoactive acid form of THC found in marijuana plants when raw. It is also non-intoxicating unless it is heated. Once heated, THCA releases THC which is intoxicating.  The 2018 legislation restricted THCA oil to contain no more than 5 mg of THC (the psychoactive component of marijuana). Continue reading

The Marijuana Legalization Debate in Virginia: Lessons from Colorado

It’s a long way from Colorado to Virginia!

Elevated thinking.  I recently had the opportunity to do some skiing in Colorado. I hadn’t been to Colorado since the state legalized recreational marijuana use in 2014. I expected to see a Cheech and Chong movie played out on a vast scale high in the Rocky Mountains. That expectation went unmet.  Instead, I saw an American town where legal marijuana use has been incorporated into everyday life in a barely noticeable manner. Colorado has more pot shops than Starbucks outlets but you wouldn’t know that from a cursory visit. All of which got me thinking – what has been the marijuana legalization experience in Colorado and what lessons are there for Virginia?

Nil sine numine. “Nothing without providence.”  Residents of The Centennial State believe Colorado is guided by a “divine will.” After five years of “divine will” has legal pot turned into Rastafarian revelry or Puritanical perfidy? My unscientific poll of Coloradans riding various chairlifts and gondolas with me established a consensus of … “more good than bad”. Continue reading