Saturday, November 2, 2019

It's wrong for a city to sue its citizens, using their money

Mark Muir in Encinitas Current:
Last December, Superior Court Judge Ronald Frazier overturned [sic; he suspended it, not overturned it] citizen-driven and voter-approved Proposition “A”, known as the “Encinitas Right to Vote Initiative”. Proposition “A” gives Encinitas residents the right to vote on housing projects that include significant density increases and/or building heights greater than two stories. The court demanded that Prop. “A” requirements be overlooked for this housing cycle and ordered the City to adopt a legally compliant housing plan immediately. The ruling came as a direct result of the voters’ consistently rejecting the City Council’s site selections to upzone (i.e., increase density) in order to meet state growth requirements.

It is important to note that the ruling did not order the City to specifically implement either Measure “U” or “T”, the voter-rejected housing plans put forth in 2016 and 2018.

Instead of honoring Encinitas citizens by appealing the judge’s decision (a viable option), the Mayor and City Council rushed to approve the most recent voter-rejected housing plan, Measure “U”. To make matters worse, the Council also filed a lawsuit against their own citizens in order to seek judgment (Declaratory Relief) on whether they follow Prop. “A” voter requirements in the future.

It’s wrong for a City to sue its citizens and it’s even worse to do it with their own money! As a vocal supporter of both housing measures, I’ve always believed residents should have the final say on critical housing plans that are to serve as a blueprint for all future development. If the court decision is unfavorable to our citizens, nothing prevents the City from holding an advisory vote to honor the intent of Prop “A” and the will of the people.

74 comments:

  1. Who is going to take credit for this punk-ass idea? Who is going to admit that this issue is really about property tax revenue and greasing donors? Who is going to address why housing costs have outpaced wage growth x3 over the last 40 yrs? Wall streeters gobbled up a significant percentage of housing after the last bubble blew and are leveraging working class people big time 'cause they know that most of them don't have the 5K minimum needed to move. America: where abject cavernous greed is not only tolerated, it is worshiped.

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    1. Blakespear directed staff earlier this yea to look into filing in court to invalidate Prop A for all housing cycles, forever.

      She can take credit but she will not admit anything and will instead give you her mantra that her "hands are tied."

      Your characterization of the situation is spot on.

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  2. It seems like time to replace this Mayor and City Council. Do we have to wait until the next election or is it possible for the citizens to start a recall campaign?

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    1. https://www.sos.ca.gov/elections/recalls/procedure-recalling-state-and-local-officials/

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    2. The electorate is too apathetic to get involved.

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  3. This was/is an ugly political fail.

    The City could have gone to court seeking declaratory relief without mentioning citizens. At that point, the defenders of Prop A would have complained that they were being shut out of the process, and ask the court for permission to intercede. The city would not object, and we would arrive at the same place legally. But by following the above process, it would be clear that the citizens affirmatively inserted themselves into the lawsuit—it wasn’t the city’s decision.

    It’s a political optics blunder, and a pretty big one.

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    1. This does not look good for the city leadership. Whether or not it is just unwise or undemocratic or straight-out totalitarian this is wrong. It might get by in communist Russia but in this country it is unAmerican.

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    2. Blakespear does as she's told by her bff and others from whom she takes her marching orders. Lord knows its not residents, we're the "constraint" between her and running the city without interference. Or "obstuctionists," as Barth used to say.

      Doesn't matter if it's Beacon's or Streetscape, reducing speaking time and banning clapping at council meetings or this lawsuit, Blakespear is out to silence residents.

      Optics are AWFUL. And if Phony thinks he's getting away with his "no" vote on suing residents, he'd better have another think. He has been gunning for Prop A from day 1 and his election year prep hail Mary ain't gonna save him. He's as guilty as the rest of 'em.

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  4. Mark is right on. I wish he were back on the Council. We must get rid of the Mayor, Kranz and Hinze in 2020. Now we need some candidates.

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    1. Mark Muir for Mayor 2020!

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    2. Muir was appointed by Stocks. He's a wily politician like the rest of them. He never strongly advocated for anything. He cast safe votes, knowing the majority would prevail over his minority, making it seem he was on the residents' side. The only times he came to life were to defend the overpaid, overfunded fire department. IOW, he's a phony. And his pension is close to $200K per year. Be careful what you wish for.

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    3. 2:38 PM Spot on. Muir is a chameleon alright - he is now an "advocate of the people". Accomodating color changes is all....

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    4. All that said he does have a sphere of influence and if he helps spread the word to his peeps...coolio.

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    5. This city needs pension reform. But now if citizens file an initiative, they might be sued!

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    6. It's the new "tool" in the city's "toolkit."

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  5. Muir? What are you smoking? That’s some strong stuff!

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  6. Muir is the guy who wanted credit for a position on the rail trail. But when the pivotal meeting happened, he decided a water district junket in Monterey was more important.

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  7. And not one of you mention how leftism has created this entire mess. From the State of California on down to the judge (in a dirty black robe) to the Encinitas City Council. It's the left that started this entire thing and as usual, "everything the left does fails". Wake up folks. Leftism is a mental disorder.

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    1. OK, 3:33, deny your Social Security and Medicare, condemn public education, and claim that Citizens United is good for our democratic republic.

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  8. 4:33. Your references to Social Security and Medicare were created with a different mindset. "Not" the mindset of the leftists over the last ten years. There is a difference. Like laundry, try and separate your thoughts. Let me help. There is then, and there is now. I'm not sure what public education has do with this but, if you must, o.k, include it.
    The current left, is the enemy within.

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  9. How can you say that "Leftists" created this mess when in fact everything is money driven. The GOP backed Citizens United all but insures a Fascist future where the voter is not privy to who is funding who. Then again, I thinks folks like you feel more secure in an authoritarian fascist dictatorship as long as you aren't one of the "others".

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    1. Low income housing is money driven? Fascist future? This, is exactly what I'm writing about, my gawd the thought process of the left never stops to amaze me. So, anything conservative is wrong, like family, believing in in religion or ending a babies life in the nine month...all bad. You are a very sad person.

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    2. the sham of low income housing and associated laws created and pushed by the BIA is most certainly money driven. if you think otherwise you are fully asleep at the wheel.

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    3. 7:38 sounds like a low education voter. Actually thinks affordable housing is about affordable housing, probably voted No U and T for the wrong reasons.

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    4. at least he voted no!

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  10. 3:33PM the "dirty black robe" guy needs a nappy.

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  11. 3:10 AM What is the current left? How is it the enemy within?

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    1. Other than the left seems to hate their country with lie after lie. And when exposed they never apologize, they make up more lies. Like children in adult bodies with A.D.D
      It's sickening and yet, fools continue to support them.
      If anyone votes for the left it proves they hate their own country

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    2. Gulf of Tonkin false flag: Leftist lie?
      Invading Iraq under false pretense:Leftist lie?
      Supporting fascist dictators: Leftist lie?
      Recognizing truth does not mean hatred of country.

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    3. Gulf of Tonkin was when Lyndon Johnson was president. It was a false justification to expand the Vietnam war. 11:46 is right about the other two.

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  12. 11:12am. If anyone continues to support the daily disgracer in chief, who constantly lowers the bar to the disgrace of our nation before the world, that is the true sickness of choosing to remain ignorant in spite of overwhelming and admitted transgressions.

    History will ultimately have its say, but most of these deniers will be long gone. Their inaction will not be ignored by history when it is written. You may escape direct retribution for however long you still take a breath, while clean air and water is being destroyed by bending over to the current energy providers.

    What we don't need is more centralized dirty energy providers when the solution is every home becoming their own source through using solar panels.

    A fact is that recently SDGE recently approved an additional charge for those who try to become independent suppliers of their own energy production with an increase in minimal monthly charges.

    The answer to their bs is that we all should set up our own independent off grid systems with battery storage.







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    1. I'm a leftist who likes solar therefore I hate my country!

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  13. 11:12 You're hiding behind ignorant generalities. Sure tipoff you're a reactionary right-winger spewing nonsense from your prejudiced gut and empty head.

    If you have a specific argument, make it. Then watch people who actually know what they're talking about rip your ignorance apart.

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  14. There is an answer to this, recall everyone of them.

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  15. The problem with the left is they live in the past, tie dye t anyone? Pointing out things that happened 50 years ago, or more. The present is where we all live now. The lie about the Russian Hoax, the lie surrounding impeachment of a guy that does not take a paycheck for his position. The buffoons on the left running for President, gawd help us. And they scream "tax the rich more, free college for everyone, forgive all college debt, green new deal, the fake science of man made gullible warming, dying polar bears, rising seas. All bee ess to try and bring the United States down. Well guess what? Ain't gonna' happen. Oh and by the way, how is Gavin Newsom working out? One failure after another. Been to downtown L.A lately? how about downtown San Francisco, San Diego, Sacramento? More leftist failure. Everything the left does fails.

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    1. OK, 2:25, now everybody reading here knows you're the idiot who doesn't believe in climate change and thinks he knows better than 99.9% of the scientists in the world. They've done the research and have the data. You have a dead brain. It fits that you're a Trump supporter.

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    2. 2:25 = lame troll.
      Hey comrade - go homo - thats where you belong.

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    3. More lies, 99.9 percent of all scientists? you have been watching too much KPBs. You can call people like me all the names you want but facts is facts. I think what confuses you is truth. You get angry when you read it.
      Getting back to the topic. The left is behind all of the low income housing, period. The city of Encinitas being sued by the State of California is leftist inspired.
      Ahhh never mind, you are back to watching Public television with your gazed look in the eyes.

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    4. Back to the topic, correcting two glaring errors:

      1. the State has never sued a city over non compliance with housing law. HCD's Deputy Director Glen Campora even stated so publicly at the Muir/Shaffer housing forum.

      2. It is the City of Encinitas (not the State) suing its own residents.

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    5. So in front of everyone attending the meeting before the last vote on Prop U when the City Council announced the State had filed twice to sue the City of Encinitas, that was a lie???? I was there.

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    6. Don't recall the state filing even once to sue the city - do you have a link to the documents? They'd be public records if filed in court.

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    7. Irrelevant who files the lawsuit.

      If you are found to be out of compliance, you’re fucked.

      Many laws are setup to allow enforcement by third-party lawsuit, to avoid the state having to fund a huge department of lawyers, and having an adversarial relationship with the cities. ADA compliance is done the same way.

      This is a stupid argument that suggests there are no consequences for staying out of compliance forever.

      Anyone with half a brain knew where this was going years ago.

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    8. 2:18 - not irrelevant. Big difference between the State suing and the Building Industry Association and misguided "affordable housing advocates" crying to a judge.

      2:18, did you also post at 10:46 claiming it was the State that brought the suit twice, and again at 1:58 using the BIA and Tenants United lawsuits in a pathetic attempt to claim the STATE sued the city twice? If so, you are a liar no matter how you try to explain it away.

      Assuming you're one and the same then yes, claiming you heard the "State had filed twice to sue the City of Encinitas at a City Council meeting is a lie.

      What's stupid is thinking people won't figure it out.

      Sounds like the kind of thing the Mayor's attorney BFF does all the time. Anyone with half a brain can spot his BS and anger a mile away.

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    9. Not the same person, sorry.

      Tell me how it matters.

      Scenario 1: The state sues a city for non-conformance. The city is found by a judge to be out of conformance, orders a financial penalty, sets aside Prop A, and orders the city to take steps to come into compliance.

      Scenario 2: The BIA sues a city for non-conformance. The city is found by a judge to be out of conformance, orders a financial penalty, sets aside Prop A, and orders the city to take steps to come into compliance.

      Please explain why there is a material difference in outcome between Scenario 1 & 2.

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    10. scenario 1: oh, ok. Better get in compliance, and gosh where'd that financial penalty come from? New one on us that the State is going to be financially punitive but ok show us the proof and we'll hop to.

      scenario 2: profit-driven leeches want to squeeze every last penny off our land sue us. um...fight the carpetbaggers tooth and nail, they are less than the dirt under our feet. lose in court? maybe, maybe not, but we don't roll over for craven bloodsuckers.

      get the distinction now, city troll?

      and I don't believe you that you're not the same person. you're making the same unconvincing points using the same language. you're a proven liar, so...ya know.

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    11. Scenario 2 happened, and we lost, dummy. How hard you fight doesn’t mean shit if you are clearly in violation of the law. It’s not a sports contest.

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    12. 4:05 Good lawyerly attempt at evasion but irrelevant. The point is the state didn't sue the city.

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    13. 5:44, dude, exactly how many fucks do you think a judge gives that you really really dislike your trial opponent? When you call them bloodsuckers in court, you think a judge is going to say “Oh, well, I was going to apply the law to the specifics of the case, but now that you tell us that the people suing you are making a profit—well that changes everything. Case dismissed.”

      You are a loon.

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    14. calm yourself, 6:04. no one used that language in court. you sure sound like MG, I gotta say. all bluster, less than half truths, hoping no one notices. ugh. not winning friends, definitely not influencing people.

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  16. How does the sue the citizens situation work? Will the city get to the point of naming names?? Asking for a friend....

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  17. 2:25PM Everything you write deserve a failing grade.

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    1. "Deserve?" Pot calls kettle.

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    2. 4:44 States that the left is behind affordable housing. Not true. "Affordable housing" was a sales pitch designed to get left leaning people on board with the destruction of local land use control.This is supported by developers who are rarely "Leftists". It's supported by the left and right in government and government related jobs because they want to continue to live like royalty.

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  18. 4:44 is a willfully ignorant idiot. His mind is made up. Don't confuse him with the facts.

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  19. https://www.kpbs.org/news/2018/apr/30/housing-lawsuits-against-encinitas-go-court-monday/

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    1. M'yeah old news dude, not the state suing, sad. See 2:38 above.

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  20. Don't Worry !

    Mike Levin will save you!

    Seriously.

    No.

    Seriously...has that colossal failure done anything in his entire life that is useful?

    He's a level 6 TDS clown but it kinda shows the collective IQ of 42% of his followers (the other 13% was complete fraud).

    Cardiff Kook could be him

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  21. Its wrong for a City to sue its taxpayer especially for a citizens initiative. I hope this one burns the leaders at the polls.

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    1. Well summarized, and it should.

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  22. This is for the moron who posts here and doesn't believe in climate change:

    https://www.washingtonpost.com/science/2019/11/05/more-than-scientists-around-world-declare-climate-emergency/

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  23. This is for the believes in the religion of the hoax of man made global warming (6:10) Fake news articles, fake science and lie after lie about man made global warming.
    Latest report from the Government of Canada, Polar bears are increasing in population. So all the lies about the bears dying off...oh' wait...were lies.
    But, anyone that believes a 16 year old girl with mental issues from Sweden is a good source of intel, is, well, is just a tiny bit confused. I've been advised to buy more land inland as the rising seas will soon be lapping at it's front door. Hold on, that was fifteen years ago. My bad.
    Thank all the gawds for oil and gas.

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    1. 5:03 AM You are sadly delusional. Sleep deprived?

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    2. 5:03 Your ignorance, idiocy and self-delusion are bottomless.

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    3. So...you followers of the Lenin style of argument, calling people names and claiming delusion didn't address what the Canadian Government just announced. You see, this is typical of the left like children. Don't address facts, just cast aspersions.
      "man made global warming, the man made lie" and the fools that believe in it. Yet they drive cars, use heat and electricity, type on keyboards made from oil.
      Gawd help us

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    4. sounds like Jerome Stocks needed to sleep off a nasty binger.

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  24. I watched a PBS documentary this week on how the planets leaders came together to turn around the destruction of the ozone layer back in the 80's to get rid of CFC's that were causing the ozone hole over Antarctica. This condition began showing up over the north pole too.

    Even Reagan could see the environmental damage that was being done by man.

    Since that time, that ozone hole has not increased and is slowly recuperating. It will take several decades more to get it back to what it was before the chemical companies came up with CFC's.

    Man can and does affect our climate is the takeaway from what the world could clearly see was happening at the time and acted to turn the situation around.

    "The Ozone Hole and How We Saved Our Planet". We need similar efforts again , although for different causations. Deniers are the dinosaurs of our times.

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    1. PBS, I'm shocked. Who would think they would show something like that. Aren't they the ones that told us the seas would rise and flood the east and west coasts. Another lie.
      And they were big on the dying Polar bears. You people will believe anything as long as it is on PBS. Of course you know PBS wouldn't exist if it wasn't for U.S taxpayer monies.

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    2. 2:21 is an ignorant fool. Pay him no attention.

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    3. sounds like Stock needed to sleep off a nasty binger.

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  25. You global warming folks should check out Dane Wigington

    If you're not with him you're a fraud

    https://www.geoengineeringwatch.org/

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    1. Nobody has to look any further than the poor design of the website to know that 7:00 pm and anyone he recommends are wackos.

      Hey 7:00, did you drop out of school after kindergarten?

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  26. Geoengineering is the notion of intentionally manipulating the atmosphere with chemicals and/or energy to control weather or other global systems. It relies on the idea that a massive secret program exists that all governments and private sector aviation companies to spray chemicals (chem trails) in the upper atmosphere and had been successfully kept secret for years.

    For such a program to exist, the secret would have to be protected by: many governments, the airlines and freight carriers operating the flights, the chemical companies making the chemicals, the aircraft manufacturers building the delivery systems into the aircraft, the pilots who must manage all systems in flight, the ground crews at every major airport who would manage and resupply stocks, and somehow secretly load the chemicals on the planes, the truck drivers who would secretly deliver the chemicals to every major airport. And don’t forget about the airline mechanics who would need to inspect and maintain onboard tanks and systems. And what happens when planes are retired to the desert? We can’t have secret systems exposed by planes sitting in low security storage in the desert. So there must be crews who have to take out all evidence of chemtrail tanks, pumps, cockpit switches, etc, and replace them with other equipment to continue the illusion.

    Further, the aircraft manufacturers would need to be paid for the engineering work on systems, and for the weight and space penalty that makes their planes heavier, reduces the billable capacity of the plane, and reduces range—so they’d need to be paid for that. Airlines would also need to be paid, as they are hauling weight of tanks, chemicals, and systems to dispense, which means more fuel and less revenue capacity.

    So there’s literally hundreds of thousands of people involved across multiple countries, governments, businesses. From truck drivers to executives. And there’s billions of dollars flowing all around the world. The trucks delivering chemicals either never crash, or police have to be brought into the conspiracy.

    This is what geoengineeringwatch means.

    The interesting thing is, we are rapidly reaching a point where natural processes will not be effective in reversing the human climate crisis. At some point, we may really need scientists and governments to work together to do real geoengineering. But it certainly will not be secret, because the maximum number of people who can keep a secret is two.

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    1. 8:15 is correct, but he'll never convince the total 7:00 PM wacko.

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  27. https://www.nytimes.com/2019/11/08/opinion/sunday/science-climate-change.html?action=click&module=Opinion&pgtype=Homepage

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