Author: Press Room

Supreme Court Validates Supremacy of Individual Property Rights

21 May 2024
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There’s a big property rights victory from the Supreme Court that is being little talked about and somewhat shunned as being as significant as it is by much of media.

The Supreme Court has ruled that home equity theft qualifies as a taking, and that state law is not the sole source for the definition of property rights. The ruling sets an important and valuable precedent.

In a unanimous Supreme Court decision local governments seizing the entire value of a property in order to pay off a smaller delinquent property tax debt has been declared as a takings or “home equity theft.” The case, Tyler v. Hennepin County, addressed the case of Geraldine Tyler. The plaintiff in the case was a 94-year-old widow whose home, valued at $40,000, was seized by Hennepin County  after she was unable to pay off $15,000 in property taxes, penalties, interest, and fees. The County then kept the entire $40,000 for itself, as Minnesota law allows.

The Supreme Court unanimously ruled that such practices qualify as takings requiring the payment of “just compensation” under the Takings Clause of the Fifth Amendment. Importantly, it also concluded that state law is not the sole source of the definition of property rights under the Takings Clause, and therefore state governments cannot seize private property without compensation simply by redefining it as the state’s property.

Besides the clear merits of the case, property rights advocates noted that the case set a significant precedent in declaring that states cannot just redefine property rights at will, which has important implications for other property rights issues.

In the decision, Chief Justice John Roberts pointed out that the Fourteenth Amendment, provides that “private property [shall not] be taken for public use, without just compensation…. States have long imposed taxes on property. Such taxes are not themselves a taking, but are a mandated ‘contribution from individuals . . . for the support of the government . . . for which they receive compensation in the protection which government affords.’”

The Takings Clause does not itself define property. For that, the Court draws on “existing rules or understandings” about property rights. Phillips v. Washington Legal Foundation, 524 U. S. 156, 164 (1998). State law is one important source…. But state law cannot be the only source. Otherwise, a State could “sidestep the Takings Clause by disavowing traditional property interests” in assets it wishes to appropriate. Phillips, 524 U. S., at 167; see also… Hall v. Meisner, 51 F. 4th 185, 190 (CA6 2022) (Kethledge, J., for the Court) (“[T]he Takings Clause would be a dead letter if a state could simply exclude from its definition of property any interest that the state wished to take.”). So we also look to “traditional property law principles,” plus historical practice and this Court’s precedents….

SEC Voluntarily Puts on Hold Climate Change Rule

21 May 2024
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By Steve Wilson, Center Square

Requiring publicly traded companies to make climate-related disclosures has voluntarily been put on hold by the Securities and Exchange Commission.

The SEC’s move came before a decision was reached by the 8th U.S. Circuit Court of Appeals. John Rady, counsel for the SEC in the case, notified the court in a letter.

The commission’s decision was made, Rady wrote in part, because of “procedural complexities of this litigation” and avoiding “potential regulatory uncertainty” if the rule went into place during the legal challenge.

This means until legal challenges at the 8th Circuit are resolved, registrants are not subject to the newly adopted SEC climate disclosure rules. The phase-in period doesn’t begin until 2025 at the earliest; it is unclear if that will be delayed.

The new rule was to be fully in effect in 2026.

West Virginia Attorney General Patrick Morrisey, in a release, said, “The Biden administration wants to radically transform the SEC run by unelected bureaucrats and make them champions of climate change, regardless of what the agency’s functions are – Biden is creating a federal bureaucracy to suit his agenda. The rule would provide for coordinated discrimination against areas of the country like West Virginia that depend most heavily on fossil fuels for energy.”

Iowa Attorney General Brenna Bird, in a statement, said, “Today’s victory shuts down the most outrageous climate mandate for businesses since Biden took office. The SEC’s job is to protect people from fraud. It has no business slapping companies with extremist climate mandates. We are making it clear that Biden has to follow the law like everyone else.

“By halting this mandate, we are protecting businesses from costly red tape, securing our supply chain, and defending family farms. Next, we are going to make this win permanent!”

In the order, the SEC says it “will continue vigorously defending the final rules’ validity in court and looks forward to expeditious resolution of the litigation.”

The SEC rule was adopted in early March and was to have required publicly-traded companies to inform investors of the climate change-related financial risks of that company’s operations. Those include greenhouse gas emissions, severe weather events, and “other natural conditions” such as rising sea levels.

The SEC says most companies are already providing this information, with 90% of Russell 1000 Index (the top 1,000 stocks traded in the U.S.) already providing information related to climate change and 60% of those on the index issuing data on greenhouse gas emissions such as carbon dioxide. 

Following the SEC’s adoption of the new rules, challenges were made at six different federal appellate courts.

On March 21, the federal Judicial Panel on Multidistrict Litigation combined the litigation into one complaint at the 8th Circuit.

Permit to Make Snow at Big Sky

21 May 2024
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The Montana Department of Environmental Quality (DEQ) published a draft permit and environmental assessment for a proposed discharge at Spanish Peaks Mountain Club associated with their Snowmaking Project to be located in Madison and Gallatin Counties, near Big Sky.  

Cross Harbor Spanish Peaks Acquisitions (CHSP), LLC, applied to DEQ for a Montana Pollutant Discharge Elimination System (MPDES) permit to discharge treated domestic wastewater as artificial snow on ski runs of the Spanish Peaks Mountain Club on Spirit Mountain, Andesite Mountain, and the Spanish Peaks base area. The source of the treated wastewater is the Big Sky County Water and Sewer District wastewater treatment facility.  

The reuse of wastewater provides environmental benefits by reducing the demand for freshwater to create snow. In its review, DEQ considered whether the wastewater reuse would contribute to nutrient pollution in the watershed. Excessive nutrients in streams can lead to algae growth and water quality issues. DEQ is currently studying excessive algae growth in parts of the Gallatin River Watershed. The applicant submitted a multi-year study that analyzed data on nutrients from the proposed snowmaking based on a pilot project. DEQ carefully reviewed this information in preparing the draft permit and proposed stringent nutrient monitoring. 

According to the applicant, snowmaking would occur primarily during the early portion of the ski season, as a base layer. During the season, natural snow would accumulate on top of and mix with the artificial snow. DEQ reviewed the application, and the draft permit proposed limitations to ensure protection of human health and the environment as well as the beneficial uses of identified nearby waterbodies. The wastewater would be treated and disinfected to standards required for wastewater reuse prior to snowmaking.  CHSP would also be required to conduct significant surface water and snowmelt monitoring during the spring snowmelt and runoff season. The monitoring must be conducted, and the results reported to DEQ every year of the permit term.  

DEQ prepared a draft environmental assessment (EA) in compliance with the Montana Environmental Policy Act to analyze potential impacts of the proposal. The agency is now accepting public comment on the draft permit and EA, after which DEQ will review comments and make a final decision on permit issuance. Public comment closes June 6, 2024, and comments can be submitted electronically or by mail.

No More Vehicle Ownership?

21 May 2024
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Helixx Technologies has begun taking registrations in Southeast Asia for its electric car and van subscription service and some observers are calling it the end of automobile ownership – and they are excited about it. They are calling it “a fascinating roll-out of what appears to be a thoroughly excellent and potentially VERY disruptive idea.”

They point out perceived advantages such as if your car stops or is in an accident, there’s an instant replacement available. “The car is immediately replaced like-for-like and commercial activity resumes post haste,” states a report in New Atlas. Helixx Technologies has four models which are ready to race to their subscribers’ rescue. The subscription rate is $0.25 per hour, which covers everything except electricity.

The report says that while the automobile industry has served the US well – not so much many other countries in the world. “In America, only 8% of households don’t have a car. There are 50 countries in the world where only 8% of households DO have a car, and where it is still an aspirational dream to have the freedom that powered personal mobility brings,” states the report.

The article further states, “…Helixx’s business model could bring disruptive innovation to one of the world’s largest industries and how that might have dire consequences across the broader economic landscape … by achieving its intended purpose of empowering under-privileged communities access to greater mobility.

Helixx is in the process of building a production facility in Singapore which is expected to begin full production in 2025.

Montanan Highlights May 15 2024

21 May 2024
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Water’s Edge Winery owner Angela Zuba was elated when she was contacted by producers of “America’s Best Restaurants.” The show highlights eateries and bars all across the country. Zuba and her husband Trevor opened Water’s Edge Winery in 2020, the franchise has 11 locations throughout the United States. The business is known for its large wine menu and made-in-house blends. All their wines are made on location, using grape varieties from all over the world.  

Enrollment data released recently from the Office of Public Instruction shows an increase in students seeking private or homeschooled instruction. There is also been a decrease in public school enrollment for the 2023-2024 school year. Public K-12 students decreased by 1,988 students, or 1.3%, this year and the nonpublic enrollee population grew by 403 students or 2.4%.

A German-inspired restaurant called Gute Laune has opened 10 W. Main St. of the Rialto. “Gute Laune” means “good spirits” or good mood in German. All of the meat is sourced from Montana. The baked goods are made in Bozeman.

Independence Bank recently promoted Lacy Farmer to finance officer/executive assistant at the Havre Branch. Farmer started at the bank as an executive assistant in 2018. In her new role, she is responsible for ensuring the accuracy of all financial matters related to the organization are handled in a responsible and legal manner.

The Sidney Sugars Incorporated sugar beet plant is closed, but its history isn’t going away any time soon. Thanks to the MonDak Heritage Center and a grant from The Foundation for Montana History the history of plant is being preserved. They’re looking to find at least 10 people to interview, including former employees and beet farmers connected to the plant. The histories will be recorded and transcribed, then housed at the MonDak Heritage Center.

The Northwest Agricultural Research Center is celebrating its 75th year. A field station for Montana State University’s College of Agriculture, the center conducts crop science research. Originally established as the Northwestern Montana Branch Station, the station is one of seven scattered throughout the state operating under the Montana Agricultural Experiment Station system. It was established to conduct agricultural research for producers in the Flathead Valley.

Hess Pipelines of Minot ND has requested a subdivision be created to include two lots, one approximately 50 acres and another approximately 178.28 acres. Hess wanted to change the zoning of the 50-acre lot from Agricultural to Heavy Industrial. Hess plans to use the new zone to construct a compressor station facility. The plant would create 51 million standard cubic feet per day of compression capacity.

Independence Bank, Havre, recently promoted Mason Sheppard to assistant vice president of lending. Sheppard came to the bank in 2015 as a credit analyst and was later promoted to loan officer. In 2021, Mason became manager of credit analyst department and in 2022 took on the supervision of the ag/commercial lending staff.in Havre. In 2023 Mason became a senior Loan Officer.

Representatives from the Big Sky Rail Authority updated the Transportation Interim Committee of the Montana Legislature after Secretary Buttigieg visited the Treasure State.  Big Sky Rail Authority has identified a federal rail study with two long-distance routes through Montana, an east-west line connecting Seattle to Chicago and a north-south line to Billings.

Atlantic Richfield, under the direction of the U.S. Environmental Protection Agency has begun yard cleanups in the community of Black Eagle to address lead and arsenic-affected soils resulting from 80 years of smelting activities at the former ACM Smelter and Refinery. The cleanups are anticipated to take two summers to complete. Lead- and arsenic-affected soils will be removed and replaced with clean topsoil and groundcover consistent with landscape material present in the yard pre-cleanup.

At least 15 staff members of Billings Clinic Bozeman have been laid off from positions that range from advanced practice providers, to leadership and support staff. Some of the cuts included physicians whose contracts will not be renewed when they expire over the next 60 to 180 days. Areas affected at the Bozeman campus include urgent care, behavioral health, ophthalmology, pediatric cardiology, general surgery, neurology and urology.

The Butte Central Maroons will continue to compete in Class A, at least for the next two years. Despite enrollment lower than most Class B schools, Butte Central petitioned the Montana High School Association Executive Board to remain a Class B school. The board discusses reclassification every other year at its April meeting.

John Mercer will replace outgoing District Court Judge Kim Christopher in the 20th Judicial District, which covers Lake and Sanders counties. Mercer is a 1979 graduate of the University of Montana and got his law degree at Northwestern University School of Law in 1982.

The Great Falls Development Alliance and the Economic Development Authority in Lethbridge, Alberta have signed a Memorandum of Understanding between the two communities to plan for greater cross-border cooperation that will raise awareness of the region, ease the experience of companies looking to start, expand or relocate on either side of the border, and to attract investment to our region- especially in the world of food, ag and bio processing.

Cottonwood Environmental Law in Bozeman is threatening to “go after the state” for not protecting the environment. The nonprofit law firm won a lawsuit last fall challenging House Bill 407, which prevented residents from passing local ballot initiatives. Winning that law suit allows them to submit a petition to the elections office for a plastic ordinance that would prevent retailers and food vendors from using polystyrene foam packaging and providing customers with single-use plastic bags. They report they have similar plans for ordinances in Billings and Missoula.

As teachers in Gardiner are retiring, the community is looking at a need to build more housing to attract new teachers. New condos are being built in a $2 million project.  In addition, Yellowstone National Park was recently awarded $40 million for housing, and HRDC is planning to develop 30 units in Gardiner, on Jardine Road, bringing the promise of more families, including teachers, and the housing to support them.

Wyoming dropped two spots in this year’s economic outlook ranking in the “Rich States, Poor States” report from American Legislative Exchange Council, but still remains in the top 10. The Cowboy State came in at 8th best for economic outlook in the report, which is in its 17th edition. The state is 44th when it comes to economic performance. Economist Jonathan Williams, one of three co-authors of the report, says it does not hurt being the only state in the region outside of South Dakota that avoids both a personal and a corporate income tax.

A new flight is taking off from Glacier Park International Airport in Kalispell. Avelo Airlines is now offering nonstop flights between Kalispell and the Bay Area’s Sonoma County Airport on Wednesdays and Saturdays. This is the second non-stop flight for the airline out of GPIA. Avelo also has direct flights to Burbank on Mondays, Wednesdays and Fridays.

As growth in the Flathead Valley continues to slow following the pandemic-fueled spike in 2021, development and tourism demand is leveling off, city officials in Kalispell, Whitefish and Columbia Falls said at the Kalispell Chamber Tof Commerce Growth Summit. the number of building permits issued has dropped off significantly since peaking three years ago even as housing and transportation remain their top priorities. In Kalispell, more than 1,000 new housing units have come online in the last few years and multifamily development interest has started to taper off while single-family permits are seeing a resurgence. Tourism is also slowing in Whitefish compared to the peak in 2021. The decline is reflective in resort tax revenue. “Growth is much slower than we thought. They had anticipated a 2.5% rate of increase, but most recent data was 1.3% .

Letter to the Editor – Chilcott

21 May 2024
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Dear Editor

I recently heard that Yellowstone County is considering increasing the size of the Board of County Commissioners from three (3) member to five (5). This was done in Ravalli County, through our Local Government Review process in 2006. There were a number of factors that contributed to the decision, an effective campaign declaring that more commissioners would generate better decisions, increase representation and increase efficiency (in my opinion ALL of these claims were ultimately disproven…)

At the same time voters reduced the length of terms to four (4) years following a theory that they could correct ballot choices sooner. The concern is that you can potentially elect a new majority every four (4) years and could conceivably have a senior commissioner with only two (2) years’ experience, creating a suboptimal level for continuity of government. There was also a failed attempt to have commissioners elected by district, rather than at-large, in a partisan attempt to control at least one district for a political party.

A quick synopsis of the effect of increasing the number of commissioners:

—Cost increases:

     —Two more commissioners (66% increase)

    —Additional support staff (administrative assistant)

   —New office space/ furniture as required

   —Increased travel and training expenses

—Increasing the number of commissioners provided an opportunity to allow two (2) commissioners to legally discuss matters at a sub-quorum level outside of public meetings (behind closed doors).

—Debate took longer to address 5 opinions.

—The higher number of commissioners dilutes accountability of individual board members.

— There may be opportunities to gerrymander districts and increase the not only political divide, but also the urban vs rural divide…

When has bigger government been more efficient? In my opinion, it was a very bad decision for Ravalli County. In 2016 the voters overwhelmingly overturned the 2006 decision and returned us to a three (3) member board.

I hope Yellowstone County can learn from Ravalli County’s experience!

Respectfully,

Greg Chilcott

Ravalli County Commissioner

Labor Force Grows

21 May 2024
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The size of Billings’ labor force grew by 2000 over the first quarter of this year.

For the last quarter the size of Billings’ labor force – those employed and those seeking employment  —  has grown about two percent, and stands at 94,800. The labor force – people actually working — has also been growing over the past quarter … Billings has the largest labor force in the state more than double that of Great Falls and a quarter more than Missoula.

Statewide, the number of employed is about 578,000,

Both of these economic indicators probably reflect the increase in population in Billings but most interesting it says that the people who are coming here aren’t just retired people as has sometimes been claimed. The reality is Billings is growing the size of its labor force and therefore the size of its  economy.

 The only economic sector in Billings that declined slightly, over the past year, in the number employed was “business services.” Education and health services increased the most. Statewide construction is the sector that increased the most at 4.3 percent – and a category called “information” which is information technology and media types of businesses  was the only sector in the state to decline and it declined 6.9 percent.

The unemployment rate for Billings has been hovering right around 3.5 percent, which is extremely low compared to the nation and also compared to the rest of the state.

Another factor reported is that about ten percent of the workers in the US belong to unions and that amounts to about 14.5 million people. Since COVID, wages for non- union jobs have been escalating at a much higher rate than union jobs.

The consumer price index rose The Bureau of Labor Statistics reported that 12-month price growth accelerated from 3.2% in February to 3.5% in March.

Over the past five years, Americans have seen average prices increase more than 20% overall.

KC Fed: Manufacturing Activity Down, Services Up

21 May 2024
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By Derek Draplin, The Center Square

Manufacturing activity declined last month in the Federal Reserve’s 10th District, while services activity increased, according to surveys from the bank’s Kansas City branch.

The Federal Reserve Bank of Kansas City’s 10th District covers Kansas, Colorado, Nebraska, Oklahoma and Wyoming, and parts of New Mexico and Missouri.

The bank’s composite index for manufacturing in March was -7. The index for February was -4 and -9 in January. The composite index measures several other indexes such as production, employment, and raw materials inventory.

“Regional factory activity fell further in March, and expectations for future activity were again steady,” Chad Wilkerson, senior vice president at the Federal Reserve Bank of Kansas City, said in a statement. “Employment levels expanded modestly even as production and new orders contracted, and over half of firms have given mid-year wage increases recently but fewer plan to this year.”

Despite the drop in activity, “expectations for future activity were again steady,” according to the KC Fed. The future composite index in March was 1, which is down from 2 in February.

In service-related industries, activity grew in the district last month, but “expectations for future activity were flat.”

Illegal Immigrants Part of Bozeman’s Growth

21 May 2024
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Much of the growth in Bozeman is due to the influx of illegal migrants, which makes it impossible to get an accurate account for the growth of the Spanish-speaking community in Bozeman because the majority of people are undocumented, reports a Spanish –written report in the High Country News.

The report was produced in collaboration with The Nation – a “Principled. Progressive. The Nation speaks truth to power to build a more just society.”

From the US Census data,  a report states that in Gallatin County, the percentage of Latinos increased from 2.8% to 5% between 2010 and 2020 (about 140%). The number is likely higher, since it does not include the period after 2021.

“The change is visible everywhere,” reports High Country News —  with the Mexican retail stores that opened in 2018, in the mobile taco restaurants along 7th Street, or in the youth soccer team “that waived registration fees for immigrant children.”

The public schools support the arrival of minors who speak several languages. The number of students needing help learning English in Bozeman public schools has doubled to 350. And, the schools do not have an adequate number of Spanish speaking students.

The High Country News article declared that the trend is a positive one for Bozeman. South North Nexus, a nonprofit that provides legal assistance to immigrants, estimates that Hispanic immigrants contributed more than $300 million to Bozeman’s economy in 2022.

The illegal immigrants come from countries such as Guatemala, Peru, Venezuela, and Honduras.

Immigrants seeking asylum, including many Hondurans, can’t apply for a work permit until the asylum request goes 150 days unresolved. It is estimated that by September 2024 there will be a record 8 million unresolved cases in U.S. immigration courts, according to the U.S. Citizenship and Immigration Services.

That means that many of those who recently arrived in Bozeman can expect to wait more than a year before they are legally authorized to work. The article says that it is therefore “not surprising that many immigrants break the laws, taking jobs that pay in cash and living in fear of encountering law enforcement officers.” The article compares that as “the flip side” of one of the “most prominent and expensive real estate markets in the country.”

It is the Bozeman real estate markets and the rampant construction with its “insatiable” demand for workers that is drawing the immigrants.

The article makes the point that Montana is a state that has been built largely upon the contributions of immigrants from Ireland, Germany, Eastern Europe and China. While claiming that “this is no different”, the article fails to underscore that those of yesteryear were legal immigrants.

A Bozeman attorney is quoted saying, ““What we’re experiencing with a construction boom in southwestern Montana is no different than the Butte mines. Hopefully, the working conditions are a little better, but it’s hard. The weather’s nasty. And there’s a language barrier.” 

The fact that illegal immigrants cannot work legally is described — “For Spanish-speaking immigrants, these daily difficulties, whether at work or in the form of a menacing legal system, are ever-present.”

Attempts at enforcing local laws is chalked up to “racial profiling,” which leaves illegal immigrants fearful.

The article makes the point, “But the robust housing market that draws these immigrants to Bozeman cannot provide them with reliable shelter, especially if they lack government-issued IDs, a credit history or a Social Security number. In any case, it is an extremely tight rental market.”

“Immigrants are forced to accept run-down, overcrowded housing: trailer parks, highway motels, rentals owned by their bosses. Either that, or they join the thousands of people who already sleep on the streets every night.”

The immigrants say that it is hard to make friends. They also complain that they are required to have hard-to-get IDs for many things, such as social security cards. Fake social security numbers cost $150 each.

Their illegal status also leaves them highly vulnerable as victims ofs crime – especially wage theft. Employers often don’t pay them, and the illegal immigrants have little recourse. Most of them, too, must worry about the trafficking of illegal drugs, as well as the traumatization that the change in cultures has imposed on their children – children who have sometimes experienced having been kidnapped.

The article places the blame for much of the illegal immigrants problems on Republicans who have resisted passing laws that would give immigrants “driving privilege cards,” and who the article says often demonize them.

At the same time there are many people in Bozeman who have reached out to the transplanted families, through organizations that are dedicated to providing them with assistance, as well as individual acts of kindness and contributions from food to medicine, including the payment of doctor bills.

Governor on BLM Rule

21 May 2024
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Governor Greg Gianforte issued the following statement in response to the Bureau of Land Management’s new “Waste Prevention, Production Subject to Royalties, and Resource Conservation” rule, which will take effect on June 10.

“Today’s announcement from the Bureau of Land Management is the latest attack in President Biden’s war on energy. By issuing this rule, the Bureau is undermining Congress by acting outside of its statutory authority,” Gov. Gianforte said. “This regulatory overreach will undoubtedly raise the cost of reliable energy for Montanans. Instead of promoting his radical green agenda, President Biden should be expanding natural gas production and prioritizing policies that provide affordable and reliable energy for American consumers.”

The recent rule follows one of several actions from the Biden administration that threaten American energy independence and businesses.