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North Dakota judge blocks controversial water rule | National

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www.thecentersquare.com – By Kim Jarrett | The Center Square – 2023-04-12 16:26:00

(The Center Square) – North Dakota U.S. District Court Judge Daniel Hovland issued a preliminary injunction Wednesday that blocked the implementation of the Biden administration’s clean water rule, also known as WOTUS. 

The Environmental Protection Agency and the Army Corps of Engineers published the rule on Jan. 18 that brings the country’s wetlands, streams and other waterways under federal jurisdiction. The rule was implemented during the Obama administration and repealed under the Trump administration. 

Twenty-three states and several organizations joined North Dakota in the lawsuit filed on Feb. 21.

Hovland said in his order that the EPA exceeded its statutory authority and could be unconstitutional. 

“The first category under the new Rule are traditional navigable waters, territorial seas, and interstate waters,” Hovland said. “The EPA has now taken the position that ‘interstate waters’ includes all such waters—even those that are not ‘connected to navigable waters’ in any manner. There are serious questions whether this is a permissible construction of the Clean Water Act as the Rule essentially reads non-navigability out of the Act. And does the Clean Water Act support making every wetland, stream, tributary or other water traversing a border subject to federal jurisdiction?”

Hovland said claims by North Dakota and West Virginia officials that the rule would cause their agencies harm outweighed the harm the injunction could do.

“An injunction at this early stage can avoid the massive waste of resources and delayed projects in pursuit of permits that may soon be legally irrelevant,” Hovland said. “By contrast, the EPA will not suffer any real harm that would justify a denial of injunctive relief. And any potential harm the federal agencies may suffer from compliance with an injunction is not enough to tip the scales at this stage. In fact, it is difficult to see what those potential harms may be.”

The EPA said in an email to The Center Square that the agencies are reviewing the decision and their options.

“The agencies continue to believe the rule, which is informed by the text of the relevant provisions of the Clean Water Act and the statute as a whole, as well as the scientific record, relevant Supreme Court case law, input from public comment, and the agencies’ experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining waters of the United States, is the best interpretation of the Clean Water Act,” the agency said. “In light of the preliminary injunctions, the agencies are interpreting ‘waters of the United States”‘ consistent with the pre-2015 regulatory regime in 26 States until further notice. The agencies remain committed to establishing and implementing a durable definition of “waters of the United States” informed by diverse perspectives.”

Gov. Doug Burgum said the rule would have created confusion and driven up costs for consumers. 

“North Dakota has some of the cleanest air and water in the nation because we responsibly develop our natural resources and properly exercise our state’s authority to protect our own waters from pollution,” Burgum said.

Oklahoma Attorney General Gentner Drummond also praised the ruling. 

“The Biden administration routinely infringes on the 10th Amendment rights of Oklahoma and other states, but today the Court put that overreach on hold,” Drummond said in a statement. 

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LA could lose $270M if 2028 Olympics go awry; already faces $1 billion deficit | California

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www.thecentersquare.com – Kenneth Schrupp – (The Center Square – ) 2025-03-31 20:47:00

(The Center Square) – The city of Los Angeles could be on the hook for $270 million if the 2028 Olympics are not on budget. With the city already facing a $1 billion deficit and the state infamous for the ballooning $135 billion budget for its high speed rail program, many wonder if the city can handle the Olympic games.

L.A. famously turned a profit from its 1984 Olympics by minimizing new construction, and has sought to do so for the 2028 games. The latest plan for the “no build” games has moved some events to Oklahoma City — canoe slalom and softball — which could be an attempt to minimize local costs. 

L.A. City Controller Kenneth Mejia, who has been warning the city is “broke” since 2024, has pointed out difficulties the city may have in hosting the games, especially compared to Paris, which hosted the game in 2024.

“L.A. is the next Summer Olympics host city. Will we be ready?,” said Mejia on X. “Compared to Paris, Los Angeles has 2x the population, 10x the unsheltered population, 1/10 the transit ridership, ¼ the transit vehicles per million people, 3x the road deaths.” 

The city is on the hook for the first $270 million over budget the Olympics costs in excess of the approved $6.9 billion budget, with the state of California — which itself faces annual deficits rising to the tens of billions of dollars — taking the next tranche. 

In 2019, then-mayor Eric Garcetti said he expects the city to earn $1 billion in profit from the 2028 games. Not a single Summer Olympics has generated a profit since the 1984 L.A. Olympics, with games typically running billions of dollars over budget.

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Taxpayers covering California rents over $7,000 near Mexican border | California

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www.thecentersquare.com – Kenneth Schrupp – (The Center Square – ) 2025-03-31 17:01:00

(The Center Square) – According to federal data, taxpayers may now be helping cover California rents of up to $7,030 near the Mexican border.

Under the federal Section 8 housing voucher program, families are expected to dedicate 30% of their incomes to housing costs, while a federal voucher covers the rest. Vouchers are portable, with the Department of Housing and Urban Development aiming to provide tenants with “greater ability to move into ‘Opportunity Neighborhoods’ with jobs, public transportation, and good schools.”

In San Diego County, there are three ZIP Codes where fair market rents covered by Section 8 exceed $7,000 per month for a four-bedroom home: swanky coastal Del Mar, whose notable homeowners include Microsoft founder Bill Gates and football star Aaron Rodgers, and neighboring Rancho Sante Fe, whose residents include Bill Murray and Phil Mickelson, is joined by Chula Vista, a more modest community that adjoins the California-Mexico border.

The San Diego County income limit for a family of five to qualify for Section 8 is $49,500, meaning that family would be expected to contribute up to approximately $1,237.50 per month towards the up to $7,030 fair market rent authorized for Section 8 vouchers of up to $5792.50 per month. 

According to the U.S. Department of Housing and Urban Development, which administers the Section 8 program, FMR is set by the 40th percentile rent, as determined by the results of the American Community Survey conducted by the U.S. Census Bureau. 

As of March 31, there are four four-bedroom homes for rent in Chula Vista’s 91914 ZIP code listed on Zillow, ranging from $3,800 per month to $10,000 per month, with two of the rentals under the $7,030 threshold. 

According to the Center on Budget and Policy Priorities’s January 2025 report, 2.3 million households receive Section 8 vouchers, which are expected to cost federal taxpayers $32.8 billion in fiscal year 2025.

Because maximum voucher amounts are set by local rents, expensive, densely-populated coastal regions receive a disproportionate share of voucher funding.

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Town of Montgomery fails audit, lacking payment documentation, budget | Louisiana

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www.thecentersquare.com – By Emilee Calametti | The Center Square – (The Center Square – ) 2025-03-31 15:37:00

(The Center Square) — A recent audit showed the town of Montgomery lacked several supporting documents, including vendor payments, operating losses, and meeting minutes for the Board of Aldermen.

After failing to complete an audit report before the deadline and reconcile financial accounts, the Louisiana Legislative Auditor’s Office released an audit summary on March 26 detailing its findings for Montgomery’s 2023 fiscal year.

The independent auditor did not provide an opinion due to the findings.

“We do not express an opinion on the accompanying financial statements of the governmental activities, business-type activities, and each major fund of the town,” the report said. “Because of the significance of the matter described in the Basis for Disclaimer of Opinion section of our report, we have not been able to obtain sufficient appropriate audit evidence to provide a basis for an audit opinion on the financial statements.”

The auditor could not perform necessary procedures due to the lack of documentation concerning transactions and bank reconciliations. An analysis by management showed that the town overlooked adopting a budget for the audited period.

No meeting minutes for the Board of Aldermen were recorded, for the year ending Dec. 31, 2022, concerning budget. The lack of minutes is reported by the auditor to be an administrative oversight. Failing to adopt a budget violates state law and the Home Rule Charter.

The schedule of findings provided by the independent auditor states no documentation was available to support various vendor payments for the first quarter of 2023.

Findings also showed the utility system reported substantial operating losses, which resulted in a depletion of finances. Rates were not adjusted to offset costs, resulting in a significant decrease in funds. Montgomery officials submitted the audit late in violation of state law.

There were also cases of reconciliation issues and payroll documentation. According to the auditor, the bank accounts operated by the town had not been properly reconciled. As for payroll, employees recorded their timesheets but there is no record of supervisor approval for some. 

The different findings were originally reported in 2021, some in 2022, and now again for the 2023 audit. 

Montgomery, population 620, is located in north central Louisiana on the west bank of the Red River. 

Emilee Ruth Calametti serves as staff reporter for The Center Square covering the Northwestern Louisiana region. She holds her M.A. in English from Georgia State University and soon, an additional M.A. in Journalism from New York University. Emilee has bylines in DIG Magazine, Houstonia Magazine, Bookstr, inRegister, The Click News, and the Virginia Woolf Miscellany. She is a Louisiana native with over seven years of journalism experience.

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