Tag Archives: power

Knotted Wrack

It was nearly high tide when I paddled out yesterday morning to the channel that lies just east of the cove. Harbor seals sometimes gather and sun on the big rocks that jut out of the water there. Golden brown beds of Knotted Wrack, or Ascophyllum nodosum, undulate and shimmy just beneath the surface. I glided straight into them, intending to skirt and circle the rocks, as I had done before, but instead — froomp! scrape! — my kayak ran aground on a big chunk of speckled granite just beneath the water’s surface (and partly hidden by the Knotted Wrack anchored to it). I was stuck, sitting atop a rock in the middle of the water, a good distance from shore. It felt a little absurd, or like something out of a cautionary tale.

After trying and failing to push off the rock with my paddle, I gained a better appreciation of my precarious situation. Apply too much force, and the kayak would tip; a roll would probably subject me to a beating against the rock. The wrong move and I would end up in the water, most likely cut and bruised, struggling to right the boat. The seaweed would make the rocks slippery.

No need to exaggerate the peril I was in: I was wearing a life vest, and though the water is cold here in Maine, it’s not so cold that if for some reason I failed to recover the boat I could not swim to shore, which I reckoned would take about twenty minutes. Losing my glasses (which, this time out, I had not fastened to my head with a cord) was among my concerns. I understood that I might have to struggle for a short while in the water. I didn’t want to struggle blind.

Keeping calm was essential, and it was also the most instructive part of the experience. Having formed a mental picture of my situation, I had to keep it clearly in view but I could not let it rattle me. The granite and the Knotted Wrack could be my undoing, or I could do something. Acting was less a matter of mastering than of working through my fear: not retreating into panic, but taking stock of risks and understanding what steps I could take to get my kayak unstuck.

When I ran aground, I had been running with the current, east and slightly north, into the channel. With a slow, deliberate reverse paddle, I managed to turn the boat on the rock, pivoting counter-clockwise, so that the bow now pointed west and faced the oncoming current. It was gentle, but enough to help create a little play between the kayak and the rock. Grasping the paddle as a tightrope walker holds his pole to balance, I thrust forward with my hips, as I sometimes do to inch my way into the water when I am launching the boat from shore. I was then able to paddle safely away.

I’ve written before about standing on quicksand. This Knotted Wrack adventure seems to pose another kind of dilemma: the problem wasn’t that I was sinking. I had run aground on an unexpected chunk of terra firma, and I had to struggle alone to get unstuck, right myself and push off. But as I’ve reflected on my experience, it has led to some of the same considerations as the quicksand problem. Take this relatively simple dilemma of getting the boat off the rock and scale it up: imagine a two-person canoe, or a ship with many hands on deck, or another perilous situation involving two, three, or even hundreds, thousands, billions of people. Then you start dealing with questions of cooperation and power.

The last people in the world who should be responding to a situation like this are those who cannot acknowledge its reality or remain calm in the face of it; and it occurs to me that those may amount to the same thing. Denial might be nothing more than a reactive token of fear, and widespread denial — like climate-change denial — might be a reactionary kind of moral panic, even though deniers are quick to call others alarmist.

Levinson on primitive economies of information

Ndap y Ke Rossel

Rossel Island shell currency.

An excerpt from Stephen C. Levinson, “Interrogative Intimations: On A Possible Social Economics of Interrogatives” in Questions. Formal, Functional and Interactional Perspectives. ed. Jan P. de Ruiter. Cambridge: 2012.

Levinson sketches a model of conversation in which interlocutors measure both the semantic and the social value of information. In this scheme, the semantic measure would be apportioned in units called Carnaps (after philosopher Rudolf Carnap), the social in Goffman units (after sociologist Erving Goffman). The Goffman measure involves ongoing estimations of position relative to others, social costs (which might explain the reluctance, say, to ask a question), authority, expertise, and so on. It underwrites a “micropolitics” of conversation.

Levinson offers an analogy with the shell money system of Rossel Island, in Papua, New Guinea.

An economic model of social information transfer is not going to look like a modern market economy. It might perhaps have some passing resemblance to the “primitive” economics of pre-industrial societies, with multiple measures for specific goods (bushels and grosses, cords and cubits), and multiple barter and exchange systems. Take the so-called shell money system of Rossel Island…, which consists of twenty-odd denominations of shells, with no exact equivalences of value and a delimited arena in which they can be used — it offers only the faintest semblance of a market economy (the shells are usable, e.g., for bride price, the purchase of pigs, houses and canoes, but not for food or manual labour). Shells are stores not only of economic but of social value, and top shells have names, like the Koh-i-noor diamond. Gaining possession of an individually named shell is like being temporary owner of a Picasso: it is an individual, not a mass of multiple undifferentiated tokens, and it reflects glory on its owner. Large injustices and delicts can be atoned for by the assuaging properties of such shells, even if only on loan for a fortnight. Shells go in one direction in exchange for goods, services and immaterial benefits (like forgiveness) in the other; but because there is constant flow in both directions, and shells are borrowed from all and sundry with intended eventual repayment, the market is about as murky as subprime derivatives. Such a system, with a multitude of special factors, frictions and exuberant irrationalities, offers us a better picture of the economics of everyday social life than textbook market economics.

It also moves us well beyond the transactional “ask-bid” model of conversation I described, and found wanting, in an earlier post.

A First Note on Naim’s End of Power

I didn’t read Moises Naim’s The End of Power when it was fashionable to do so a couple of years ago, after Mark Zuckerberg put the book on his recommended reading list. In fact, I am so unfashionable that I hadn’t heard of the book until yesterday, when I came across a reference to it in an article in El Pais and was intrigued enough to download a Kindle sample chapter (the local bookstore didn’t have a copy I could look over). I plan to continue with it, mainly to see what Naim has to say about cooperation, co-deliberation and joint commitment — themes I’ve been exploring in my posts on the power of asking.

So far, not much. Naim tends to present deliberation as a dissolution of power, instead of appreciating that there is power in it. He wants to remind us that the decay of power he’s documenting in this book can lead to stalemates and “ineffectiveness”; but he risks going too far in the other direction:

A world where players have enough power to block everyone else’s initiative but no one has the power to impose its preferred course of action is a world where decisions are not taken, taken too late, or watered down to the point of ineffectiveness.

There is not much patience in these opening pages for gathering as equals and talking things over, little appreciation that taking decisions together can be something other than head-butting, very little room at all here for co-deliberation (in the course of which players might veer, or would be open to veering, from their preferred course and adopt another course). It’s a world without much charity. Conversation and coordination with others — yielding or deferring to them — just delays or creates obstacles to action. Effectiveness is all. Order is a necessary and one-way imposition, for Naim, and the quicker order is imposed, the better. A world in which “no one has the power to impose” upon others, he warns, threatens to collapse into “chaos and anarchy.”

This, I gather, is one of the main arguments of The End of Power. The trouble I’m starting to have with it has to do with Naim’s Hobbesian view of things and his definition of power: “Power is the ability to direct or prevent current or future actions of other groups and individuals.” Look at those verbs. Power directs and prevents others: command and control. Or, look at the preposition Robert Dahl uses when he defines power in “The Concept of Power,” a paper Naim cites approvingly: “A has power over B to the extent that he can get B to do something that B would not otherwise do.”

Even in that sentence there is much to unpack, and, as I say, I’ve just cracked the book. But I am wondering if in subsequent chapters Naim will offer any consideration of power that is not power over others but power with them.

Some remarks on “another kind of power”

A new post about the merger of two Upper Peninsula environmental organizations on Keweenaw Now includes this short video excerpt of the talk I gave in Marquette, Michigan a while back about the power and responsibility we have to protect water and wild places from unsustainable development.

You can read the full text of my remarks here.

Après Moi Le Déluge

APTOPIX Deep South Weather

From a 19 August 2016 Associated Press article, “Donald Trump to Travel to Flood Stricken Louisiana”.  Dee Vazquez, from left, helps Georgette Centelo and her grandfather Lawrence Roberts after they tried to recover their belongings from a family mobile home in Central, north of Baton Rouge, La., Monday, Aug. 15, 2016. (David Grunfeld/NOLA.com The Times-Picayune via AP)

There are many things at work in Trump’s reckless plan to withdraw from the Paris Agreement: it’s a sop thrown to big coal and voters in destitute coal-mining districts; it signals a retreat from twenty-first century global engagements and plays to the reactionary America First crowd; it’s a petulant thumbing of the nose at President Obama — the list could go on. The point I would make is simply this: the threat to withdraw from Paris demonstrates that the man about to assume the presidency has no understanding of agreements.

When I talk about his lack of understanding I’m not simply saying that this man, who reads from the teleprompter like a struggling fifth grader, doesn’t intellectually grasp what agreements are or how they work. He might well not; but the real issue, I fear, is that he has no inclination to learn. Time and again, the president-elect has shown us and told us that he does not respect agreements or appreciate the power they have. He will break them at will, because cooperative agreements and — perhaps more to the point — cooperation don’t appear to have a place in his moral outlook, his idea of power, or his general view of the world.

He is a purely transactional man. He doesn’t build cooperative agreements; he strikes deals that work to his advantage. This is a point I’ve noted before, when Martin Wolf wrote about Trump’s “transactional approach to partnerships” in the FT before the election. The foreign policy community is especially alert to (and rightly alarmed by) what this approach might mean in terms of existing alliances like NATO. As Ian Bremmer recently put it: “Trump views alliances transactionally, the way he views his businesses & marriages. Values don’t enter the equation.”

The nihilism — I think that might be the right word for what Bremmer is identifying — of the transactional man counts as both a moral deficiency and a political handicap. In the moral sense, others have no standing: there are no second persons; there is no plurality, only a first person singular. He and I have nothing between us, because (I am again quoting Bremmer) “common values don’t matter” and there is no enduring “we.” With no obligations to me, others or any who might come after, he is out to score. And should others refuse his terms, resist or demand recognition, he is likely to compensate for his lack of political prowess in the only way he can: by exerting hard power.

Après moi le déluge is pretty good shorthand for this attitude, especially as it relates to global climate risk.

Postscript: During a press conference this afternoon, President Obama himself offered a more hopeful view. He noted a “tradition” of carrying international agreements “forward across administrations” and stressed what he called “the good news” about Paris: the agreement formalizes practices already embedded in our economy, and we have already demonstrated that it’s possible to grow the economy and meet its goals. Paul Bledsoe took a different tack this morning on the BBC Newshour, when asked if Trump could simply undo Paris: “investments in the United States and around the world are being made by businesses who know that carbon constraints are inevitable.” Trump, he says, is “on the wrong side of history.”

Marius Commanded Armies, Ambition Marius

Seneca, Epistle XCIV.64-7

It was not virtue or reason which persuaded Gnaeus Pompeius to take part in foreign and civil warfare; it was his mad craving for unusual glory. Now he attacked Spain and the faction of Sertorius; now he fared forth to enchain the pirates and subdue the seas. These were merely excuses and pretexts for extending his power…. And what impelled Gaius Caesar to the combined ruin of himself and the state? Renown, self-seeking, and the setting no limit to pre-eminence over all other men…. Do you think that Gaius Marius, who was once consul (he received this office on one occasion, and stole it on all the others) courted all his perils by the inspiration of virtue when he was slaughtering the Teutons and the Cimbri, and pursuing Jugurtha through the wilds of Africa? Marius commanded armies, ambition Marius.

When men such as these were disturbing the world, they were themselves disturbed — like cyclones that whirl together what they have seized, but which are first whirled themselves and can for this reason rush on with all the greater force, having no control over themselves; hence, after causing such destruction to others, they feel in their own body the ruinous force which has enabled them to cause havoc to many. You need never believe that a man can become happy through the unhappiness of another. 


The Political Project of MCRC v. EPA, Revisited

Judge Robert Holmes Bell dismissed the Marquette County Road Commission’s case against the EPA back in May, and last week the Road Commission’s attorneys at Clark Hill PLC filed a motion to alter and amend that judgment. They complain that the Court’s dismissal for failure to state a claim is not only mistaken on points of law but, more dramatically, it allows the “EPA and the Corps to wage a war of attrition on local governments seeking to protect the health and welfare of their people.”

I was struck by this inflammatory piece of political rhetoric about federal overreach for a couple of reasons. First, because it’s just the sort of hyperbolical language Michigan State Senator Tom Casperson and StandUP, the 501c4 dark-money organization funding the Road Commission lawsuit, have used to frame the case for County Road 595 and advance what, in a series of posts (1, 2, 3, 4) last summer, I called the political project of MCRC v. EPA. Second, because the motion here tacitly admits that mining activity on the Yellow Dog Plains has put “the health and welfare” of people in Marquette County at risk. Rio Tinto and then Lundin Mining proceeded with their plans to mine copper and nickel at Eagle Mine and truck it to Humboldt Mill without a clear haul route. They not only went ahead; they were permitted by the state to do so. The risk was transferred to the public.

This is a familiar pattern, but the story it tells is not about federal overreach or intrusive oversight. Quite the opposite: it’s a story about mining companies rushing projects into production without due consideration for the communities in which they are operating, regulatory capture or lax oversight and enforcement, and elected officials who all-too-easily and all-too-conveniently forget where their real duties lie.

The June 13th motion doesn’t often have recourse to this kind of language. For the most part, the motion deals with fine points of administrative law, citing a few cases that it claims the court misread or misapplied. Probably the most important of these is the Supreme Court’s discussion of the Administrative Procedure Act in a May 2016 opinion, United States Army Corps of Engineers v. Hawkes Co.. (Miriam Seifter explains Hawkes over at ScotusBlog. Even with her very clear analysis in hand I can only hope to make a layman’s hash of things.)

In Hawkes, a company that mines peat for golf-putting greens — a process that pollutes and destroys wetlands — sought an appeal of “jurisdictional determinations” by the Army Corps of Engineers that wetlands on their property were subject to the Clean Water Act.

The “‘troubling questions’ the Clean Water Act raises about the government’s authority to limit private property rights” came up for some brief discussion in Hawkes, notes Seifter, but that was not the main focus of the Supreme Court opinion. The case instead revolved around the question whether jurisdictional determinations are “final,” which in this context means they constitute an action “by which rights or obligations have been determined, or from which legal consequences will flow.”

The Army Corps in Hawkes maintained that appeals of the Corps’ jurisdictional determinations should not be allowed, because the determinations of the Corps are still subject to review and are not “final” or binding. The court found unanimously in favor of the peat-miners, saying that determinations by the Corps were final — they would put legal constraints on the peat-miners, who would have to stop polluting or face penalties — and therefore could be reviewed in court.

In MCRC v. EPA, the Road Commission now seeks a decision along similar lines. “The Court erred,” the motion complains, “by holding that EPA’s veto was not ‘final’ because Plaintiff could submit a new application to the Corps.”

In other words, the court held that the EPA’s objections to County Road 595 weren’t the last word: they didn’t constitute “final agency action” and did not entail legal consequences or impose obligations the Road Commission didn’t already have. The Road Commission can even now take EPA’s opposition to the road under advisement, go back to the Corps and seek a new permit. They can continue to work with the EPA, whose objections to the road are “tentative and interlocutory”: there is still room for conversation.

The attorneys for the Road Commission don’t deny that the Road Commission could have gone back to the Army Corps of Engineers; but they say that it would have been time consuming, burdensome and ultimately futile, as the Corps had joined the EPA in its objections to the road, and the EPA’s objections had the effect of a veto.

This brings us back to the arguments advanced in the original complaint. The EPA didn’t just object to the Road Commission’s proposal; they unfairly vetoed the new road, in a “biased and predetermined ‘Final Decision’.” The Final Decision, according to the motion, took the form of a December 4, 2012 objection letter from the EPA to the Marquette County Road Commission, to which the Road Commission replied on December 27th. They did not receive a reply, and the EPA’s failure to reply was tantamount to a “refusal.”

The EPA’s refusal (or failure) to reply to the Road Commission’s December 27th letter indicated that their objections had “crystalize[d] into a veto,” according to the motion. “Unequivocal and definitive,” a veto is a final agency action, “akin” to jurisdictional determinations made by the Corps. What legal consequences flowed from the veto? For starters, the EPA’s Final Decision divested the state, specifically the Michigan Department of Environmental Quality, of any further authority in the matter.

While this is not a new position for the Road Commission, the way the motion lays it out is nonetheless clarifying. The discussion of Hawkes, especially, brings into focus the question before the court — a question of administrative law concerning the “finality” of the EPA’s objections to CR 595. Of course that question entails others: whether the EPA’s failure to reply to the Road Commission’s letter of December 27th amounts to a refusal of the Road Commission, whether that refusal, in turn, crystalized their objections into a veto, and whether EPA vetoes are really “akin” to jurisdictional determinations by the Corps.

Stronger accusations are only being held at bay here. For example, it would be difficult to read the EPA’s failure to reply to the Road Commission’s December 27th letter as a deliberate refusal to reply without accepting the original complaint’s charges of bias and allegations of conspiracy at the EPA, or indulging its witch hunt for “anti-mining” attitudes and its demonizing of “activists.” But even if we are not willing to follow the plaintiff down that dark road, it would also be difficult, now, to overlook the serious dysfunction and administrative incompetence exposed by the Flint Water Crisis, which cost the head of EPA Region 5 her job, and which showed the world just how broken the system of environmental governance is in Michigan.

A Compass for the Twenty-First Century

“In the technocratic version of environmental politics,” writes Ulrich Beck in a critical passage of The Metamorphosis of the World, “carbon emissions become the measure of all things.” But for Beck this is inadequate. “Climate change risk is far more than a problem of measures of carbon dioxide and production of pollution”:

Nor does it signal only a crisis of human self understanding. More than that, global climate risk signals new ways of being, looking, hearing and acting in the world — highly ambivalent, open-ended, without any foreseeable outcome.

…the past is reproblematized through the imagination of a threatening future. Norms and imperatives that guided decisions in the past are re-evaluated through the imagination of a threatening future. From that follow alternative ideas for capitalism, law, consumerism, science…etc.

Alternative ideas, or at least a new set of expectations and beliefs. Global climate risk

creates the expectation (sometimes even the conviction) that a reformation of institutions (law, politics, economy, technological practices, consumption and lifestyles) is now urgent, morally imperative and politically possible, even if it fails at conferences and in politics.

“The global risk of climate change”, he concludes, provides a “compass for the twenty-first century. Yet…it is an open question where this compass leads us. There is an enormous discrepancy between normative expectations and political action.”

The enormous discrepancy between expectation and action also describes an enormous field of political possibility. This is where our responsibility comes into play.

When Lily Says “No”

Always take no for an answer is a cardinal rule of asking, I wrote in my first post on this theme. It’s a version of the golden rule that’s especially worth bearing in mind when making plans to collaborate or act with others, or just talking about what we are going to do.

While giving someone an order might be a way to delegate authority and raise her stature in a group, asking recognizes the authority and standing she already has. According this basic respect takes precedence over extracting promises and concessions or getting to yes in a conversation or negotiation, and unless another person can say “no” and have that answer heeded, she will never really be able to say “we”. “No” marks the spot where you stop and we begin.

In other words, taking no for an answer is not just about respecting others, but about respecting and caring for how things are between us (the theme of a post I wrote earlier this week) and for the sense of us we have. That sense of us is how we make up and maintain the social world together. When we ask someone to do something, or ask what we are going to do, we openly acknowledge that there is — or can be — a “we,” not just you and I, but a plural first person. Asking creates an opening. It puts us out in the open.

The philosopher Margaret Gilbert seems to be heading in this same direction when she remarks in passing: “successfully questioning someone involves entering a joint commitment with that person.”

Take a moment to consider the example she offers. Bob addresses Lily with the question, “Shall we dance?” And Lily answers, “Yes, lets!” From this point on, the usual Gilbertian scenario unfolds. Having expressed their readiness to enter a joint commitment — indicating “that all is in order as far as one’s own will is concerned” — Bob and Lily are now jointly committed to dance together.

Once they start dancing, or, actually, even before that, once Lily has said yes and as she rises from her seat, each will have to answer to the other in the event one of them violates the joint commitment, or at least Lily would be justified in complaining if Bob were to drag his feet, go outside for a smoke, or give in to sultry Melissa, who is beckoning with her eyes from the other side of the room.

Unfortunately, Gilbert never elaborates on what “successfully questioning someone” entails, or what might make it different from unsuccessfully questioning someone. On the surface, it looks as if Bob “successfully” questions Lily here because she says “yes” to his request: she accepts his invitation to dance. Bob and Lily have therefore reached an explicit agreement. But let’s not confuse successfully questioning someone with getting to yes, or confuse getting to yes with reaching an agreement. (It’s worth noting that for Gilbert, joint commitments don’t always entail explicit agreements. The way Gilbert puts it is: “everyday agreements can be understood as constituted by…joint commitments” [her emphasis]).

What if Lily says “no”? What if she rolls her eyes, or sticks her nose in the air? In that case, has something like an agreement been reached?

Maybe. As long as Bob takes Lily’s no for an answer, we can say he and Lily have agreed not to dance. Of course, Bob might not like our putting it that way. He might say he failed to get Lily to dance with him, but that might also go to show that he was not prepared to take no for an answer and regarded Lily’s consent as the only acceptable outcome. We might do better if we were to characterize Bob’s questioning Lily in terms of Lily’s responsiveness — on that score, both yes and no would count as success — or if we think about what Bob’s asking Lily to dance and Lily’s refusal puts between them, how it constitutes them as a plural subject.

Though not committed to dance together, Bob and Lily are not done with each other or free of shared commitments after Lily says “no.” In a very important way, their relationship has just begun. When one person addresses or flags the attention of another, with a question or a nod, the squeak of a chair or a sneeze, they “jointly commit to recognizing as a body that the two of them are co-present,” Gilbert writes. People mutually recognize each other in this way all the time, on queues and in coffee shops, in bookstore aisles and on city sidewalks. Here we are, a “we”. Asking helps get us there.

So even if Lily politely refuses Bob with a “no thank you,” or rudely brushes him off, Bob can take solace in the thought that he has successfully questioned Lily. Bob’s failed bid to dance with Lily commits Lily and Bob to recognize that the two of them are co-present, there in the dance hall. Bob and Lily now have a sense of us, even if Lily will never dance with Bob, and that sense — that relationship — will endure.

With that enduring sense of us between them, Bob and Lily are now jointly committed to Lily’s refusal as well. So if Bob were to order Lily or insist that she dance with him, or grab her by the arm and drag her to the dance floor, coercing her, Lily has every right to complain. And if the next time Bob saw Lily he were to pretend that she never refused him at the dance, he would be doing Lily wrong.

A Postscript on the Political Project of MCRC v. EPA

A ProPublica investigation of dark money organizations lends context and additional color to some of what I had to say a a short while ago about the Marquette County Road Commission’s lawsuit against the EPA.

Sponsored by State Senator Tom Casperson, the Republican representing Michigan’s 38th district, the MCRC lawsuit is being funded by a non-profit organization called Stand UP. Stand UP is exactly the kind of dark money organization profiled by ProPublica: it’s a special kind of non-profit, a 501c4 “social welfare” organization that is not required by law to disclose the names of donors. It does not have to confine its fundraising and expenditures to the MCRC lawsuit or any other specific purpose. It is a trough of dark money that can serve any number of political efforts.

So, as I tried to suggest in a series of posts on the MCRC complaint (here, here, here and here), while the lawsuit is nominally over a haul road that will serve both mining and timber companies, it also appears to be part of a larger, coordinated effort to sideline federal regulators, stifle local environmental watchdogs, and arrogate the authority and power to direct economic development in the Upper Peninsula to a set of undisclosed actors and moneyed interests.

Now, as Robert Faturechi reports, with efforts in 38 states to make non-profit organizations like Stand UP more accountable and transparent gaining ground, powerful conservative groups are “coaching” allies on how to fight back against any new legislation requiring the disclosure of dark money sources. The tactics they recommend should sound familiar:

Get the debate to focus on an “average Joe,” not a wealthy person. Find examples of “inconsequential donation amounts.” Point out that naming donors would be a threat to “innocents,” including their children, families and co-workers.
And never call it dark money. “Private giving” sounds better.

They urge dark money groups to claim the victim’s mantle and to see conservatives as “a persecuted class,” according to one January 2016 memo Faturechi uncovered. It’s “all part of a plan to choke off our air supply of funding,” they warn.

The documents presented by Faturechi were distributed at a conference held in Grand Rapids by The State Policy Network. The Network “calls pro-regulation activists ‘enemies of debate,’” and generally takes the line that regulation quashes freedom and criminalizes belief — a refrain often heard from climate change denialists — and that transparency will only threaten privacy.

The State Policy Network brings together conservative and tea-party organizations from around the country dedicated to “advancing freedom and making a difference,” so it’s well positioned to coordinate local efforts like the MCRC lawsuit against the EPA with other state, regional and national causes. In Michigan, the Network’s member organization is the Mackinac Center for Public Policy. Just last week, they ran a widely shared update (303 “likes” and counting) on the MCRC lawsuit in which Casperson crows about the progress they’ve made in the discovery phase of the suit and wails about prejudicial treatment at the EPA.