Category Archives: Government Oversight

Atlantic Coast Pipeline Necessity and the FERC

Posted on July 31, 2020 by | 44 comments

by James C. Sherlock

Peter Galuszka’s piece earlier today in this space made two claims the greens offer endlessly trying to achieve what I call truth by repeated assertion:

  1. The Federal Energy Regulatory Commission (FERC) either did not review or did not review properly (he inferred both) the wisdom and necessity for natural gas pipeline projects in general and the Atlantic Coast Pipeline (ACP) in particular.
  2. That if it had done so, the FERC would have discovered that there is no market for additional natural gas in the markets to which the pipelines would have brought it.

These claims appear from the usual sources every time any discussion of the ACP is had on this blog. They are both false. I hope this is the last time we will need to read about them.

Mr. Galuszka clearly did not understand the facts.

He wrote:

“So Dominion and its partners could make billions of dollars, some of it paid for by electricity ratepayers, for a project whose public need was always in doubt”

and Continue reading →

44 Comments

Posted in Business and Economy, Courts and law, Entitlements, Government Oversight

Limit On Emergency Powers is First Bill

Posted on July 24, 2020 by | 10 comments

Aaaaaaand, they’re off. The first five bills have been filed for consideration by the August 18 Special Session, all introduced by Senate Republicans. As the list of proposals fills in rapidly, you can track it here.

First on the list, surprising no one, is a bill from Senator Steve Newman of the Lynchburg region limiting a governor’s emergency powers by executive order to 30 days, then outlining how the General Assembly may intervene if it chooses (and it may choose not to).  This bill may or may not be ruled germane to the session’s purpose, but I’m glad it is bill number one. (Well, five thousand and one.)

SB 5001 Emergency Services and Disaster Law; limitation on duration of executive orders.

Next up, from Senate Minority Leader Thomas Norment of Williamsburg, is bill prohibiting police use of choke holds, a practice that has led to far too many injuries and deaths among arrested individuals, including but in no way limited to the notorious case in Minneapolis. This is very much germane to the session’s official call.

SB 5002 Law-enforcement officers; prohibition on the use of neck restraints.

So is Senator Richard Stuart’s proposal for a Commission on Civil Rights and Policing, for a formal dive into these issues. With the House Democrats already holding three public hearings on their ideas, and with the Crime Commission now thoroughly stacked against debate and dissent, this one’s a long shot.

SB 5003 Civil Rights and Policing, Commission on; established, report, sunset provision. Continue reading →

10 Comments

Posted in Crime and corrections, General Assembly, Government Oversight

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How Employers Must Prevent COVID, Or Else

Posted on July 20, 2020 by | 52 comments

Virginia Department of Labor and Industry

By Steve Haner

The first thing every employer in Virginia needs to understand about the state’s new COVID-19 temporary workplace standard (here) is it is universal. It applies to every workplace, public and private, for-profit and non-profit, with 10,000 workers or two. The rules are the same, “one size fits all,” without regard to the nature of the industry.

The second thing every employer in Virginia needs to understand about the standard is that it is only temporarily temporary. The goal, and work will begin quickly, is to convert the set of requirements into a permanent regulation, with a permanent burden on employers going forward to protect their employees from a disease circulating widely outside their establishments.  Continue reading →

52 Comments

Posted in Business and Economy, Government Oversight, Health Care, Labor & workforce, Regulation

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Gerald Smith: Richmond’s New Top Cop

News - Posted on July 20, 2020 by | 6 comments

By Peter Galuszka

FYI, here’s a piece I did for Style Weekly about Richmond’s new p0lice chief, the third in about a month, and his interpretation on the problems of law enforcement in this period of defunding.

6 Comments

Posted in Budgets, Courts and law, Crime and corrections, Finance (government), Governance, Government Oversight, Individual rights, News, Politics, Public safety & health, Race and race relations

What a Long, Strange Trip It’s Been

Posted on July 7, 2020 by | 14 comments

By Peter Galuszka

Back in the winter of 2015, Craig Vanderhoef, a former Navy captain, got a disturbing surprise in his mailbox at his retirement home near Afton in Nelson County. A letter from Dominion Resources noted that it wanted to survey his land for a new 600-mile-long natural gas pipeline.

On two occasions, he wrote the utility telling them no. Then he got another surprise. A sheriff’s deputy knocked on his door to serve him with papers notifying him that Dominion was suing him to get access to his property.

In short order, about 240 Virginia landowners were on notice that they too might be sued for Dominion’s proposed Atlantic Coast Pipeline. The county sheriff was notified that he, too, was being sued, although it was an error.

Thus, the stage was set for one of the nastiest environmental and property rights battles in Old Dominion history.

It centered around the Atlantic Coast Pipeline that would run from Harrison County, W.Va. across the rugged Appalachians, down through some of the most peacefully bucolic land in the Virginia., to Union Hill, a mostly African-American community in Buckingham county and on into North Carolina, running through the Tar Heel state’s mostly African-American concentration along its northeastern border with Virginia. Continue reading →

14 Comments

Posted in Agriculture & forestry, Energy, Environment, Federal, Government Oversight, Housing, Individual rights, Infrastructure, Land use & development, Money in politics, Politics, Poverty & income gap, Property rights, Public corruption

Spanberger Vs. Trump

Posted on July 1, 2020 by | 38 comments

Rep. Abigail Spanberger

By Peter Galuszka

U.S. Rep. Abigail Spanberger, D-7th District, continues to draw international attention as a “New Look” Democrat from Virginia who is savvy about the intelligence community and global affairs.

The former CIA case officer was featured on CNN criticizing the administration of Donald Trump for ignoring reports that Russian military intelligence had paid bounties to the Taliban in Afghanistan to kill U.S. troops and members of the pro-U.S. coalition there.

Her comments were picked up by the British newspaper, the Guardian. This may be the first time that a woman Member of Congress has gotten so much exposure beyond borders of the Old Dominion.

Neither Dave Brat nor Eric Cantor, her Republican predecessors in the 7th district that includes parts of the once reliably Red Richmond suburbs of Chesterfield and Henrico, has gotten such exposure. The only other woman who has come close is U.S. Rep. Elaine Luria, a Democrat and former Navy officer who represents the 2nd District that includes Virginia Beach, another area that was once reliably Red. Continue reading →

38 Comments

Posted in Defense, Federal, Government Oversight, Media, Money in politics, Scandals

BR’s COVID-19 Parallel Universe

Posted on June 24, 2020 by | 44 comments

By Peter Galuszka

Almost every morning, I wake up a little before dawn, make coffee, let the dog out and feed her and start reading the news.

I take The Washington Post in print along with The New York Times, Richmond Times-Dispatch, The Virginian-Pilot, NBC News, various television stations and, of course, Bacon’s Rebellion online.

Later in the morning, I check out Blue Virginia, Virginia Mercury and RVA.

When it comes to the COVID-19 pandemic, every morning I step into two different universes.

One gives me the global and national view that jumps right in and explains where we are with the virus and who and what are at risk.

The other view, that of Bacon’s Rebellion, mostly paints a very different picture. This view insists that the pandemic is exaggerated and overrated, needless regulations are being enacted by a dictatorial governor, our school system and housing trends are at risk and we should open everything up right now. Continue reading →

44 Comments

Posted in Blogs and blog administration, Demographics, Disaster planning, Government Oversight, Health Care, Media

COVID Regs Unclear, Unneeded, Contradictory

Posted on June 22, 2020 by | 11 comments

By Steve Haner

More than two dozen Virginia business associations have asked that the state’s Safety and Health Codes Board reject proposed workplace regulations to prevent COVID-19, stating they are unclear, contradictory, and not needed in light of other existing worker protections.

Some of the largest statewide associations, such as the Virginia Manufacturers Association, National Federation of Independent Business, and Virginia Retail Federation are on the list. So are some regional chambers of commerce and the Thomas Jefferson Institute for Public Policy. You can read their 13-page submission here. The conclusion reads:

“It is unreasonable to apply “one size fits all” COVID-19 regulations to all employers and employees.  Codifying guidance is not a reasonable replacement for regulation. It is confusing why after three months, the Regulations are being pursued through an emergency procedure, especially after OSHA (Occupational Safety and Health Administration) rejected the AFL-CIO’s petition for an emergency temporary standard for COVID-19 and the US Court of Appeals for the District of Columbia Circuit denied their petition for a writ of mandamus to compel OSHA to issue an Emergency Temporary Standard for Infectious Diseases.”

The draft rules (here) and a related 200-page briefing package (here) have only been available since June 12. The public comment period closes tonight, and the board is set to meet Wednesday, in a format where the public can only watch. More details are provided in a Bacon’s Rebellion post from this weekend.

Continue reading →

11 Comments

Posted in Business and Economy, Government Oversight, Health Care, Labor & workforce, Public safety & health, Regulation

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The Ups and Downs of Felix Dzerzhinsky

Posted on June 12, 2020 by | 20 comments

Felix Dzerzhinsky toppled. Photo credit: AP Photo/Alexander Zemlianichenko.

By Peter Galuszka

For three decades, a 15-ton statue of Felix Dzerzhinsky loomed over a square in downtown Moscow. He rose high near the Lubyanka building, a turn of the century, yellow-colored one-time insurance office that served as the national headquarters for the KGB.

“Iron Felix,” born of Polish nobility, is best known as V.I. Lenin’s henchman, the leader of the Red secret police who orchestrated the deaths of hundreds of thousands during the Russian Civil War. He became regarded as the grandfather of various Soviet security agencies, including the MVD, NKVD, KGB and now the FSB and SVR.

Then in August 1991, Soviet hardliners attempted a coup against Mikhail Gorbachev, the reform-minded Communist Party chief. The coup failed, touching off a storm of retribution.

As many as 1,320 statues of Lenin cross the country came down. Leningrad became St. Petersburg, the Kirov Ballet reverted to its old name, the Mariinsky Ballet, and the city of Moscow ordered the statue of Felix taken down.

In order words, there is a strong similarity between what happened just before the Soviet Union fell apart in December 1991 and what is going on today in this country, especially in Virginia. Continue reading →

20 Comments

Posted in Business and Economy, Crime and corrections, Culture wars, Energy, Governance, Government Oversight, Individual rights, Infrastructure, Politics, Public safety & health, Race and race relations

Virginia Regulations for the Licensure of Nursing Facilities Violate Virginia Law

Posted on June 6, 2020 by | 5 comments

James C. Sherlock

The weaknesses of Virginia’s nursing facility (NF) and skilled nursing facility (SNF) system have been exposed by COVID-19 with deadly consequences. 

Virginia’s licensing regulations applicable to these facilities are both part of the problem and violate Virginia law. 

This essay recommends an straightforward permanent fix that will bring Virginia regulations into compliance with Virginia law, save considerable money and eliminate state standards that conflict with federal standards for the same facilities and thus contribute to regulatory chaos.

Regulations

Virginia regulations must be changed to conform to federal Medicare and Medicaid regulations for long-term care facilities to comply with the clear direction of Code of Virginia § 32.1-127. That law requires that Virginia regulations for hospitals and nursing homes “conform” to “health and safety standards established under provisions of Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act.”  Continue reading →

5 Comments

Posted in Governance, Government Oversight, Health Care, Uncategorized

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Our Gutsy Governor

Commentary - Posted on June 5, 2020 by | 33 comments

By Peter Galuszka

On June 24, 2015, Nikki Haley, a Republican who was South Carolina’s first non-white governor, called for the removal of a Confederate flag that had been flying over the state’s capitol grounds for years.

“This flag, while an integral part of our past, does not represent the future of our great state,” she said. Her action came a few days after an avowed white supremacist walked into an African-American church and opened fire, killing church members attending a service.

I was watching the news on TV when she made her gutsy move. I was deeply impressed.

And now, Ralph Northam, a Democrat who is governor of Virginia, has taken a similarly gutsy move. He has ordered that the state-owned statue of Confederate General Robert E. Lee be removed from its stand on Monument Avenue in Richmond. It has been there for about 130 years, erected by white supremacists with deep sentiment for their romantic myths of Southern history.

“I believe in a Virginia that learns lessons from our past and we all know that our country needs that example right now,” Northam said. Continue reading →

33 Comments

Posted in Bacon and pigs, Blogs and blog administration, Business and Economy, Commentary, Courts and law, Crime and corrections, Culture wars, Defense, Economic development, Education (higher ed), Education (K-12), Efficiency in government, Elections, General Assembly, Governance, Government Oversight, Government workers and pensions, Gun rights, Individual rights, Media, Politics, Race and race relations, Transparency

Beware Fake Tweets

News - Posted on June 2, 2020 by | 9 comments

The Internet Research Agency in St. Petersburg, Russia

By Peter Galuszka

Around midnight Monday, reporters in downtown Washington D.C., stood by ready to cover the next round of protests about the slaying of African Americans by police.

They started getting tweets marked #dcblackout suggesting that internet service was being interrupted because of a secret program presumably run by the government that would cut them off.

The curious thing, NBC News reported, is that the reporters’ cell phones worked just fine. Later Twitter was contacted and began to investigate. It was curious that the questionable tweet seemed to be coming from the left-wing ANTIFA group that is said to have helped organize protests around the country.

A tweet labeled as been sourced with ANTIFA proclaimed “Tonight’s the night, comrades. Tonight we say F&*^The city and we move into the residential areas, the white hoods and we take what’s ours.”

Twitter quickly uncovered the problem. The tweets were fakes put out by a far-right white nationalist group called Identity Evropa. Twitter took down the sites because they violated the company’s policy against using social media to incite violence, NBC reported. Continue reading →

9 Comments

Posted in Blogs and blog administration, Business and Economy, Commentary, Correction, Courts and law, Crime and corrections, Culture wars, Defense, Elections, Electoral process, Federal, Government Oversight, Individual rights, Infrastructure, Media, Money in politics, News, Public safety & health, Race and race relations, Telecommunications, Transparency

The Real Danger with ANTIFA

News - Posted on June 1, 2020 by | 38 comments

By Peter Galuszka

Get ready. The names of all kinds of leftist organizations are going to be kicked around as the masterminds behind violent, cop-beating looters, especially the so-called ANTIFA movement in Virginia and across the country..

But what is reality? I don’t have clear answers but I have some ideas to share since I have been dealing with activist groups since I was in high school in the late 1960s. I hope they help this blog’s discussion.

First, there’s plenty of research available about ANTIFA and there are already plenty of reports about it. It is not a single group but a very loose collection of autonomous activist groups, most of which do not advocate violence. For reference, see yesterday’s Daily Beast piece with the blunt headline, “Trump’s ‘ANTIFA Threat Is Total Bullshit – And Totally Dangerous.”

That article and plenty of others note that ANTIFA, or whatever it is, has no clear chain of command and uses ultra-fast social media to alert other activists about rallies and protests but has no control over them. If you are thinking about the tightly-controlled and secretive Communist cells of the past century, you are not getting it. Continue reading →

38 Comments

Posted in Bacon and pigs, Business and Economy, Commentary, Correction, Courts and law, Crime and corrections, Culture wars, Demographics, Disaster planning, Economic development, Electoral process, Federal, Government Oversight, Gun rights, Immigration, Individual rights, Labor & workforce, LGBQT rights, Libertarians, Media, Money in politics, News, Politics, Poverty & income gap, Public corruption, Race and race relations, Transparency

Why Is Our Governor Ignoring His Own Orders?

Posted on May 24, 2020 by | 15 comments

By Steve Haner

If the overall case fatality rate for COVID-19 is 4 tenths of one percent, as the Centers for Disease Control just estimated, then perhaps 300,000 Virginians have or have had the disease.  That’s working the math backwards from the 1,200 Virginia deaths reported so far.

The chart below snipped from the CDC’s report shows four possible scenarios and the fifth column is marked “most likely” case fatality rate. As we all now know, age is the key factor, and the death rate for persons 65+ is the highest, perhaps as high as 3.2%. But the CDC thinks most likely it is 1.3% in that group, and as low as 0.05% for those under 50 (5 deaths in 10,000 infections).  Continue reading →

15 Comments

Posted in Government Oversight, Health Care, Regulation

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“The Dog Ate My Homework” Does Not Work for VEC

Posted on May 22, 2020 by | 35 comments

By Dick Hall-Sizemore

The Virginia Employment Commission has been inundated with unemployment insurance claims. Virginians seeking to file claims have been frustrated at not being able to get through to the agency with their questions and by delays in receiving payments.

All of this was the subject of a meeting and presentation to a Senate Committee on Tuesday as reported by the Daily Press. As has been speculated by Steve Haner in his comments on this blog, the Unemployment Trust Fund is in the hole. According to a presentation by the VEC to the Senate Committee, the trust fund balance has gone from $1.5 billion at the beginning of FY 2020 to a projected -$500 million.

None of that is too surprising. What did intrigue me, however, was an excuse often made by agencies — antiquated technology. A VEC spokeswoman explained that it was put into place in 1985.  As far as the VEC is concerned, that excuse will not suffice.

The 2004 Appropriation Act provided VEC almost $21 million to “upgrade obsolete information technology systems.” Two years later, the 2006 Appropriation Act included language authorizing VEC to utilize $51 million in federal funds “to upgrade obsolete information technology systems.” That identical language was included in every Appropriation Act since then. In a 2020 budget decision package submitted to the Department of Planning and Budget, VEC said that the upgrade “is scheduled to be completed prior to the end of fiscal year ending June 30, 2021” and offered to return $3.2 million of the appropriation.

There may be good reasons why it has taken VEC more than 15 years to upgrade its information technology systems. At the very least, VEC owes the General Assembly an explanation. Going further, JLARC should investigate this delay. Unemployed Virginians deserve better than a shrug and the modern version of “the dog ate my homework.”

35 Comments

Posted in Efficiency in government, Government Oversight, Unemployment

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