Alabama and Georgia settle long-running Chattahoochee river water lawsuit
On Tuesday, Governors Kay Ivey (R-Alabama) and Brian Kemp (R-Georgia) announced that they have reached an agreement with the United States Army Corps of Engineers, which is expected to finally settle a lawsuit brought by Alabama while assuring both states’ citizens who live and work in the Mid- and Lower Chattahoochee River Basin of sufficient minimum water flows during times of drought. “This agreement is a win-win for our states, with neither side sacrificing what is important to them,” said Governor Kemp. “The Chattahoochee River is the lifeblood of southwest Georgia, and this proposal would give citizens and businesses certainty about the flow of water they need for business and leisure alike. Just as significant, adoption of this proposal would end the current issues related to water supply for metro Atlanta at Lake Lanier, which is crucial to the future of our State. As we put this chapter behind us, I’m thankful for the diligent efforts of Attorney General Chris Carr; my Executive Counsel David Dove; John Allen, Shelly Ellerhorst, and the entire team at KMCL Law; and so many others whose work has made our State proud.” “I agree with Governor Kemp that this is a win-win solution for both Alabama and Georgia,” said Governor Ivey. “Alabama and Georgia have a lot in common. But we have spent a lot of time — and a lot of money on attorney fees — fighting in court over water. This proposal is a big deal for Alabama as the Corps has never before set minimum water-flow objectives in the parts of the Chattahoochee that affect us. It would provide Alabama with long-term assurances that, in times of drought, our citizens will be protected, and our stakeholders will know how much water is coming their way.” Under the agreement, the Corps of Engineers will begin formally considering a first-of-its-kind proposal to operate its dams and reservoirs to achieve minimum water-flow objectives at Columbus, Georgia, and Columbia, Alabama, on the Chattahoochee River along the States’ border. The proposal also provides that the Corps would continue to maintain the necessary minimum elevation at Lake Seminole, located in southwest Georgia, approximately twenty miles southwest of Bainbridge. The parties hope the proposal will resolve litigation Alabama brought challenging the Corps’ operations in the region. This agreement will allow Georgia to make water-supply withdrawals near Atlanta. Although this specific case was filed in 2017, litigation between the parties over these issues has been in the courts since 1990. The Corps’ consideration of the proposal will be subject to a public comment period and environmental review that could last several months. If the Corps adopts the proposal, Alabama will dismiss its appeal following a one-year review period, and the litigation will end. If the Corps does not adopt the proposal, Alabama’s lawsuit will resume. This agreement represents a spirit of cooperation between the two Southern Republican Governors. The U.S. Supreme Court has found in favor of Georgia in a similar lawsuit that Florida brought against them. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Jerry Carl wants to make America energy-independent
Congressman Jerry Carl (R-AL01) said, “Environmental groups are really, really working with the President to get things shut down.” Carl commented during an interview with Champions of Rural America on the RFD-TV network. Carl warned that our energy industry will feel the impact of President Joe Biden’s (D) energy policies for ten years. “So what we are seeing in production in America, it’s slowing up,” Carl said. “We are just beginning to see it. It is far from over. It will be ten years before we feel the full impact of it.” President Biden’s anti-American energy policies are a direct opposite approach from President Donald Trump’s (R) pro-energy policies. “That’s really the dangerous part about government,” Rep. Carl said. “We can’t take an industry, and every time we change a president, either encourage it to run or encourage it to shut down.” Carl said that higher fuel prices hit American farmers particularly hard. “And fuel prices – people think, well, it didn’t go up but 50 cents a gallon, but to a farmer running multiple tractors, that is a huge amount of money that is being burned up.” Carl blamed the Biden administration. “It goes back to this administration,” Carl said. “They do not want new production of anything carbon-related. Until we can change the environment attitude of government as a whole and how we deal with energy, we’re in trouble.” Carl said the result, in addition to the higher fuel prices, is that the U.S. is importing more oil from Venezuela. “This Venezuelan oil that’s being brought in. It’s not our own oil,” Carl said. “It is actually Venezuelan. So when you fill your car up, think about the communist country that we are supporting. That is unfair to we, the Americans. I want to be energy-independent. This country wants to be energy independent. The environmental groups they wouldn’t have a problem with importing Venezuelan oil. The nastiest oil known to man. It is just horrible. We have got the cleanest that can be produced. It is produced right there in the Gulf and several places within the continental United States.” “The environmental groups are really, really working with the President to get things shut down,” Carl warned. Carl says the oil industry does more for the community than just providing jobs and energy. “The oil industry as a whole does so much for just the community,” Carl said. “They have a self-imposed tax that is called GOMESA. That is a tax dollar we get in Mobile, for example. In 2020, we got $26 million from that tax that’s imposed on them. We use that $26 million in the Gulf Coast region for environmental projects. We did a huge restoration of grass fields. It is all earmarked for environmental projects.” Carl has represented Alabama’s First Congressional District since 2020. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Personnel Update: Greg Canfield to join Birmingham law firm
Alabama Secretary of Commerce Greg Canfield, who is leaving his post at the end of the month, has accepted a position at Burr & Forman as their managing director of economic development. “Secretary Canfield and I have worked together for over a decade,” said Burr & Forman Partner Lee Thuston. “He knows economic development — and particularly the automotive sector — inside and out. That knowledge and his leadership will be a great benefit to our clients going forward.” Canfield will head up Burr & Furman’s economic development team. The firm currently has a team of lawyers working on economic development in five states. Canfield is not licensed to practice law and will not be giving legal advice, the company explained in a statement. “Our law firm has long enjoyed a reputation for results in the economic development industry,” explained Burr & Forman CEO Ed Christian. “We are thrilled to have Secretary Canfield joining us to build on that success and ensure seamless, knowledgeable service to our clients.” “Economic expansion is good for communities and good for families. I am proud of what we achieved during my time in the public sector and look forward to continuing those efforts across the Southeast in my new role at Burr & Forman,” Canfield said. Canfield will begin his new duties on January 2, 2024. Canfield was initially appointed by Governor Robert Bentley (R) in 2011. He has worked with Gov. Kay Ivey since 2017. During his 12-year tenure at the Alabama Department of Commerce, the state attracted more than $70 billion in new investments and promises of 180,000 new jobs. Canfield also initiated Commerce’s rural development strategy, participated in trade missions to 30 countries, and launched the long-running “Made in Alabama” brand. Canfield was inducted into the Alabama Automotive Manufacturers’ Association Hall of Fame and the Southern Automotive Manufacturers’ Alliance Hall of Fame. Before he served as Commerce Secretary, Canfield served in the Alabama House of Representatives. Gov. Ivey has appointed Ellen McNair to replace Canfield. McNair is currently for the Montgomery Area Chamber of Commerce and has decades of experience in economic development. She had worked with Ivey in the 1980s when Ivey was the number two person at the Alabama Development Office, the precursor to today’s Alabama Department of Commerce. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama Medical Cannabis Commission meets today for integrator license awards
In June, the Alabama Medical Cannabis Commission (AMCC) awarded licenses to 21 business entities to kick off Alabama’s legal cannabis industry. Failed applicants turned to the courts. Those June awards, as well as the ones in the August do-over meeting, were all rescinded, and the state is not any closer to having legal medical marijuana than it was six months ago. On Tuesday, the AMCC will try again. The AMCC is scheduled to meet at 1:00 pm in Room 200 at the Alabama State House to issue the integrator awards. The integrator awards allow the possessor of the license to cultivate, process, dispense, and transport medical cannabis. These are the most desired of the six license categories and, thus far, have been the most litigated. The statute limits the number of integrator licenses the AMCC can award to a maximum of five. Thirty-six business entities have applied for those five cannabis integrator awards. On December 1, the AMCC awarded the cultivator, processor, laboratory, and secure transporter awards. To settle ongoing litigation, the scores given by independent evaluators hired by the University of South Alabama (USA) cannot be considered by the commissioners. Instead, the twelve commissioners will rank the 36 applicants from 1 to 36, with 1 being the best and 36 being the worst. The scores will then be averaged, and the top five applicants will receive the integrator awards. Alabama Always LLC sued when they failed to win a license in June, and they have already filed a lawsuit before Tuesday’s meeting. In June, they objected to the scoring that did not rank them among the top five applicants. The AMCC rescinded those awards and agreed not to consider the USA scoring. In the latest lawsuit, Alabama Always alleges that a minority of commissioners and the AMCC staff are biased against them. They want the 1 to 36 rankings discounted and the awards made in up or down majority votes. Any applicant denied a license has a 16-day period to appeal the decision to the Commission. The Commission is hopeful that the licenses can be issued during their next meeting on December 28 and that Alabama’s first legal cannabis crop can be planted in greenhouses and indoor grow facilities in January. That timeline could be further delayed by litigation. One failed processor applicant has already filed a federal lawsuit after not receiving a cannabis processor license. If a court issues a temporary restraining order on issuing the licenses while litigation makes its way through the courts, this process could be substantially delayed. The legislation legalizing medical cannabis was passed in 2021. No smokable product or raw plant material will be legally sold in the state. Patients must receive a recommendation from a doctor to obtain cannabis. Alabamians with a demonstrable medical need will not be able to obtain cannabis products until late March at the earliest. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Rosa Parks statue for Alabama State Capitol grounds gets final approval
Alander Rocha, Alabama Reflector The Alabama Women’s Tribute Statue Commission Friday approved the final design for a statue of Rosa Parks statue that will sit near the entrance of the Alabama State Capitol. Several members of the commission traveled to sculptor Julia Knight’s studio in Decatur, Georgia to see the working model of the statue of the civil rights icon. Knight said that designing the statue has been a “labor of love.” “I am feeling a little tired, but I’m also feeling a little sad that now I’m going to let go of Rosa,” Knight said. Commission members, present both in Georgia and virtually, praised the 15-foot model of the statue. It shows Parks stepping up on a raised platform, looking forward with her coat blowing in the wind. She will face South Bainbridge St. at an angle towards the steps leading up to the Capitol, allowing visitors to see her as they walk up. Parks will be the first woman depicted on the Alabama State Capitol grounds. Tracy Morant Adams, a Birmingham banker and member of the commission, said the statue captures Parks’ determination. “When you look at [her braid], it is very detailed in the back, and then also the momentum, the movement of the coat of the cult shows progression. I think that you capture that quite well,” she said. Annie Butrus, a Birmingham-based painter and member of the commission who attended the meeting virtually, said that Knight accomplished “a nearly impossible feat of creating this incredibly powerful yet delicate” design. “I love the way you’ve modeled her feet; that really shows the strength and the determination, and the absolute assurance of where she was heading,” Butrus added. Adams agreed. “Just from looking here — it seems absolutely beautiful and you’re right, Annie, regarding her stance — her feet so firmly planted with so much power. I see power there. It’s beautiful,” Adams said. The commission is also tasked with erecting a Helen Keller statue on the Capitol grounds. The Keller statue will be to the left of the back entrance, facing the current statehouse. That building is expected to be demolished after a new statehouse is completed sometime in the next three years. It is expected to be replaced by green space. The statues are expected to cost about $611,000. The commission has raised about $700,000 for the statues. Remaining money will pay for any additional costs. The Parks statue was funded in part by a $300,000 grant from the Alabama Power Foundation. The grant cannot be used for the Keller statue but will likely be used for ongoing maintenance on the Parks’ statue. Funding for the Keller statue, expected to cost almost $300,000 ($245,000 for the sculptor and $50,000 for site preparation), was not clear earlier this year. In the spring, the Alabama Legislature approved HB 125, a supplemental appropriations bill sponsored by Rep. Rex Reynolds, R-Huntsville, and spearheaded by Hall that allocated $200,000 towards the Keller statue. The commission is also accepting donations for the statue. Parks, a longtime civil rights activist, was arrested on Dec. 1, 1955, for refusing to give up her seat to a white passenger. Parks’ arrest led to the Montgomery Bus Boycott, considered the start of the modern civil rights movement. Montgomery’s Court Square, where Parks caught the bus on Dec. 1, 1955, features a life-size statue of Parks. A statue of Parks also resides in the U.S. Capitol. The Alabama Women’s Tribute Statue Commission was formed in 2019 to plan and erect statues of Rosa Parks and Helen Keller on the grounds of the Alabama State Capitol. The commission consists of six members and is chaired by Rep. Laura Hall, D-Huntsville. The statue will be cast at a foundry, which could take six months to complete the statue. It could be unveiled by the middle of next year, though it is not known when it will be ready for installation. “She is going to just be this beacon of feminine strength. It’s just great,” said Butrus. Alabama Reflector is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Follow Alabama Reflector on Facebook and Twitter.
AG Steve Marshall announces indictment of former Montgomery nursing home director
Attorney General Steve Marshall announced that a Montgomery County Grand Jury has returned a nine-count indictment against Tiffany Alexander Fields for the theft of over 1,000 Hydrocodone tablets from a Montgomery area nursing home while she was employed as the facility’s director of nursing. Fields surrendered at the Montgomery County Detention Facility on December 7. She was released on a $50,000 bond. The indictment alleges that Fields, 45, on nine different occasions from December 2022 to March 2023, obtained 114 to 120 Hydrocodone tablets from the nursing home’s contract pharmacy by submitting phony prescriptions purportedly for residents of the nursing home, which she then kept. Theft of any controlled substance is considered Theft of Property Second Degree, a Class C felony, and punishable by one to ten years imprisonment and up to a $15,000 fine.
New legislation would revoke tax-exempt status of nonprofits funding Hamas, other terrorists
Proposed new legislation would revoke the tax-exempt status of any nonprofit organization that is providing material support for terrorist groups. The bipartisan bill, introduced by U.S. Rep. David Kustoff, R-Tenn., and U.S. Rep. Brad Schneider, D-Ill., comes out of the House Ways and Means Committee, which unanimously approved the legislation last week. “The abuse of the charitable system for support for terrorist organizations is sickening,” Cliff Smith, Washington Project Director at the Middle East Forum, said in a statement. “Unsuspecting donors deserve better, and the leaders of these charities who take advantage of them certainly don’t deserve to keep their charitable status.” The issue has been thrust to the forefront after the Oct. 7 attack by the terrorist group, Hamas, on Israel that left more than 1,400 dead and hundreds captured, including Americans. Since that attack, pro-Hamas and anti-semitic demonstrations have broken out around the country and the world. Several top U.S. universities came under fire for refusing to condemn the worst elements of those protests, and now lawmakers are considering taking a closer look at just who receives federal funds and if those funds make their way to terrorist-supporting groups. The committee pointed to one instance where the tax-exempt charity, the Holy Land Foundation, funneled $12.4 million to Hamas before being shut down about 20 years ago. “The Committee learned of other groups, currently operating in plain sight in America, led by many of the same individuals as the Holy Land Foundation,” the committee said in a statement. Federal foreign aid efforts have wrestled with this issue as well, making clear it is difficult to send financial aid to Gaza without it falling into the hands of Hamas. In fact, the Office of Inspector General for the USAID, the federal foreign aid agency, released a “situational alert” earlier this year saying it has “identified this area as high-risk for potential diversion and misuse of U.S.-funded assistance.” “It is USAID OIG’s investigative priority to ensure that assistance does not fall into the hands of foreign terrorist organizations (FTOs) including, but not limited to, Hamas,” the federal watchdog said. Currently, efforts to block funding to Hamas and other terror groups have focused on overseas work. Under the new legislation, U.S. nonprofits making that same mistake could lose their tax-exempt status. “It is unconscionable that American taxpayers are forced to provide indirect support for terrorist groups, giving allied organizations and their donors generous tax breaks intended for charitable activities,” Rabbi Yoel Schonfeld, Coalition for Jewish Values president, said in a statement. “There is nothing charitable about supporting atrocities, and there should be no tax exemptions for terror.” It remains unclear if and when the new bill will get a vote on the House floor. “Our tax code should not be used to support or finance violent terrorism around the world,” House Ways and Means Chair Rep. Jason Smith, R-Mo., said at the committee meeting on the bill last week. “This bill revokes tax-exempt status for ‘terrorist supporting organizations,’ defined as groups that have provided material support or resources to a listed terrorist organization within the past three years.” Republished with the permission of The Center Square.
Jack Smith asks Supreme Court for decision on Donald Trump’s immunity
Special counsel Jack Smith wants the U.S. Supreme Court to decide if former President Donald Trump’s attempts to overturn the 2020 election were protected by presidential immunity. Smith is moving forward on two fronts to have the matter in the Washington D.C. case decided before the March 4, 2024, trial date. “The United States recognizes that this is an extraordinary request,” prosecutors wrote in their request to the Supreme Court. “This is an extraordinary case.” Smith wants to fast-track Trump’s appeal to the D.C. Circuit Court of Appeals, but he wants the nation’s highest court to weigh in first. “This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin,” prosecutors wrote. Trump has argued that he has presidential immunity from D.C. charges, which accuse him of criminal conspiracies to subvert the 2020 election results. The Washington D.C. trial is set to start March 4. Special Counsel Jack Smith’s team of federal prosecutors charged Trump with four federal counts related to contesting the 2020 election and the storming of the U.S. Capitol building on Jan. 6, 2021. The charges include conspiracy to obstruct an official proceeding, conspiracy to defraud the United States, obstruction, and conspiracy against the right to vote and to have one’s vote counted, according to the indictment. Trump has pleaded not guilty to all charges. That trial starts the day before Super Tuesday on March 5, when 15 Republican primaries and caucuses are scheduled to take place. Trump has repeatedly said that the federal cases against him amount to election interference. The early GOP frontrunner has largely blamed Biden and Democrats for his legal troubles. Federal prosecutors have previously argued in court filings that Trump has been trying to delay federal criminal trials until after the 2024 election “at any cost.” On Monday, Trump posted poll numbers and criticism of other Republican candidates seeking the GOP nomination, especially former New Jersey Gov. Chris Christie, to his social media site, Truth Social. He did not reference Smith or the Supreme Court request. Download PDF Republished with the permission of The Center Square.
