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Order in the court, Judge Bencivengo!

Judge sits on a bench (bad joke) - you mean in what Department? - she is in the Federal District Court for the Southern District. The Schwartz Federal Building on Front Street. The clerk accepts complaint for filing, then the judge is assigned by the clerk. Affidavit of prejudice may be filed in state court for any reason. That is called a "preemptory writ." Federal judges can only be challenged for cause. I do not think there is a peremptory challenge I'm federal court. The order of dismissal with prejudice is an order that can be appealed. The Complaint cannot be amended and refiled. If it is dismissed without prejudice, with leave to amend, it could be amended and refiled. If the dismissal was based on improper venue, then it could be refiled in another District. This judge indicated that Aguirre should somehow go to state court. I wonder if there is a state court remedy. I am not familiar with the route of judicial review of PUC orders. Maybe a writ of mandate. .... to review. I had a federal dismissal with prejudice in federal court in Los Angeles. We appealed to the Ninth Circuit Court of Appeals and won. That was a lot of work. I do not know who appointed the judge. Seems like it must have been the Obama administration. I have not heard of her. So I'm assuming it was not Bush. Democrats presumably would be more consumer friendly but Governor Gray Davis appointed Michael Peevey and Governor Brown is his friend. Federal judges are appointed for life I believe. They have much more independence. If there is no adequate state court remedy then the federal court should not dismiss the case. That is reason in and of itself to hear the case on constitutional grounds. The state court system is denying due process by its inadequate procedures and lack of an appropriate appeal process. That is Aguirre argument aleast as I understand it. I hope this information helps. Just attend the hearing to show moral support.
— April 16, 2015 10 p.m.

But will there be enough water for One Paseo?

Alfalfa requires 15% of all water in California. 2,500 to 8,000 gallons of water go into a single meat patty in the typical hamburger. Livestock accounts for 14.5% of global total of greenhouse gas emissions. This is more than transportation. By far the worst offenders of greenhouse gases and water consumption are cows and cattle. Where does all this gas come from in dairy cows and beef cattle? Digestive systems (enteric fermentation) , fertilizers, and manure management. Cattle requires the cultivation of soy and corn , both of which require fertilizers. Methane from livestock alone produces about 35% of the total anthropogenic methane emissions on the planet. Methane, carbon dioxide and nitrous oxide are given off by livestock production. Cows and cattle require huge amounts of land and large amounts of water. Eggs and chicken meat do not require such large amounts of water to produce. Cows and cattle remove habitat from wildlife and require deforestation. Transportation systems give off greenhouse gases, but less than livestock. If you want to conserve water, do not eat beef or use dairy products. If you want to reduce greenhouse gases, do not eat beef or use dairy products. Cattle producers require extermination of predators such as bears, bobcats, wolves, and coyotes. Many cattle are grazed on public lands. Annual cost of cleaning up China's air according to the RAND corporation is 160 billion dollars annually; cost of not cleaning up China's air exceeds 500 billion annually. Ted Cruz cheery-picked data (used only satellite data and ignored ground-level data, and picked an especially hot year as a baseline). The best thing you can do for both water conservation, your health and reducing greenhouse gas emissions is to limit dairy and beef consumption. The emerging economies all are switching to beef and dairy consumption. Jerry Brown would not tell you this because it would threaten corporate profits.
— April 9, 2015 12:41 p.m.

But will there be enough water for One Paseo?

Monaghan, You are absolutely right. A temporary moratorium on building has been upheld by courts as not being a "taking of property without due process." Our water and greenhouse gas emissions problems are both long-term. Therefore, urban planning and transportation systems planning are permanent steps. The OPR has issued proposed CEQA Guidelines. One Paseo is not "grandfather in"- Kilroy wants to triple the entitlement! The City Council "exercised it's discretion" without any factual basis whatsoever (except campaign contributions? ). One Paseo is a dinosaur. It represents one last hurrah for the internal combustion, suburban sprawl concept. It is 109% automobile-dependent. If we all had non-polluting little miracle automobiles that did not cost money or pollute, we could eliminate about 36% of the greenhouse emissions causing the drought. But the drought is likely to be permanent in our lifetimes. Making special exemptions to provide more housing without water infrastructure based on automobiles and commuting is a very bad precedent. The new CEQA Guidelines will make suburban mixed'use developments of this magnitude impossible without convenient access to an established network of public transportation. Water infrastructure was proposed in 1981. Those who want to save taxes will strangle development by skimping on necessary infrastructure to support that development. Too late now to mitigate the thirty-year drought by building water infrastructure. We can still meet our greenhouse gas emission standards, but not by building super- dense developments without public transportation.
— April 8, 2015 6:35 p.m.

But will there be enough water for One Paseo?

It is time for all neighborhoods in San Diego to stick together when the big developers come to town. Unless you want San Diego to look like Los Angeles, the time to get together is now. Our environment in San Diego is our greatest asset. Smart Growth involves transit-oriented development, that is, building a long public transportation corridors, or in the urban core. The economic and environmental benefits of this type of urban and transportation are planning are proven. California is looking at a thirty year drought, even centuries long. We need water infrastructure before any further development. Changing zoning and community plans to "spot zone" for a particular developer who wants three times it's entitlement under current zoning and community plans is a very bad precedent. For California to meet its greenhouse emissions standards, we must reduce vehicle miles traveled. That means using transit-oriented development principles in urban planning. Climate change caused the drought by diverting the jet streams far to the north. Without water, San Diego is not prepared for more people moving here. Decades ago it was urged that money be spent on water infrastructure. Now we have emergency rationing of water. We also face emergencies according to the Pentagon studies that show the present trend towards population growth into urban centers will bring violence and disorder because there will not be enough water or jobs. Look at Detroit and Baltimore. Tens of thousands cannot afford to keep their water on. California dreamin' is over. I do not care that SANDAG predicted that two million more people were expected to move to San Diego - so we"need" more housing. That is a circular argument refuted by recent water shortages and rapid climate change caused by increasing urban sprawl into suburbs without public transportation infrastructure. I hope that everyone in San Diego realizes the gravity of the water shortages and the environmental disaster we are facing. Insurance companies will no longer insure.coastal properties. That is putting their risk management where the statistics are in underwriting. Politicians fall into two groups: idiots and sold-outs. They run on campaign contributions, not logic. There are a few exceptions.
— April 8, 2015 6:09 p.m.

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